E:zF Katz - The Pennsylvania General Assembly

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LEGISLATIVE JOURNAL-HOUSE I have represented defendants in criminal cases where they have given a bad prescription. They have obtained drugs by using a phony prescription blank and forged the doctor's signature to it, and this is how they were proven guilty because the pharmacy had that prescription blank with the doctor's name and signature. Now, in this rasc I do not see thnt any of these drug- storc-. .nould have this. Mr. WILSON. Each pharmacist would make a record of the pr~scription being offered to him. Mr. RYAN. But there is no requirement, is my problem. Mr. WILSON. This is simply in the current law. That is current law. Read the current law and you will find that it is there. Mr. RYAN. But the point I am trying to make is that, as I understand the current law, the current law requires that they keep the original prescription. Your amendment would permit that original prescription to go out of the hands of thc original pharmacy, and it is at that point that the drug and narcotic agents wollld havs no way of checking whether or not that drugstore has cx- ceeded its rig!its. It woiild have no way of telling whether ihcy wcre dispensingmedicine and just making nota- tions that they filled the prescription and that it was a portable one that they gave back to the customer. Mr. WILSON. I assume that is a question. In answer to your point, not really your question, is that they still have to make a record according to current law, not amended by my offering here. They still have to make a record of the prescription offered and filled by that pharmacy as to the physician, time, date, number of re- fills, and the type of drug and the quantity thereof. June 8, My comment is related and unrelated to the amendment. The SPEAKER. Would the lady confine her remarks to the question before the House, which is the amendment ofLered by the gentleman. Mr. Wilson? Mrs. FATVCETT. Well, maybe it wollld be helpfnl. I have ridden in eighth grade schoolbuses that were more quiet than this House. The SPEAKER. I quite agree. Mrs. FAWCETT. And I thought lhat way a pretty horrendous experience. Mr. Speaker, I would like to ro~nmcnt furthrr on the remarks of Mr. Ryan on the nnrcotic-control problem. It seems to me that we have s~~fficient nrnhlrms now in managing control of dan,?ero~rs drugs. Mr. Speaker, would the jientleman, Mr. Wilson, consent to interrogation? The SPEAKER. Would the eentleman. Mr. Wilson. consent to interrogation? Mr. WILSON. I shall, Mr. Speaker. The SPEAKER. The lady will proce~d. Mrs. FAWCETT. Mr. Speaker, do you believe that it woilld be possible for patients to spread these prescriptions about a community or several communities and obtain dangerous drugs illegally with this method? Mr. WILSON. question, right? I assume that you are asking me a Mrs. FAWCETT. Yes. Mr. WILSON. Yes, just the same as they can hold up the pharmacy and steal it. If you want to be a crook, you can be a crook. Mrs. FAWCETT. theft be easier? Then are you recommending that Mr. WILSON. No. 1E thev do not !rave bars on lhr The SPEAKER. The Chair recognizes the g~ntleman, pharmacy, they can rob it very easily. Mrs. FATVCETT. Mr. Ryan. I beiieve that it is possible for them to get on a phone and call several pharmacies and find Mr. RYAN. Mr. I think the intent Of the out their cost without distributing the prcrcriptions all amendment is However, I have serious over a community. I, thcreiore, apprise this nn:endment. reservations that it is workable as applied to the current enforcement nroblems of the Commonwealth and the Fed- The SPEAKER. The Chair recognizes - the gentleman era1 bureaus. Mr. Speaker, again, I think the purpose of from Indiana, Mr. Shane. the amendment is commendable. I endorse the idea. I Mr. SHANE. Mr. Speaker, I would like to amplify do not believe however that the amendment as drawn slizhlly what had been said by thc previoiis two speakers goes far enough. If it required the pharmacy to have because I believe that this is an exceedingly dangerous a Xerox copy for their records and then return the amendment. original, or the doctor who is making the prescription On the surface, the amendment appears to simply procould use a series, a set of prescriptions, perhaps that if vide another step in favor of the consumer, but I think a prescription could be renewed three times by using a the problems of dru: abuse that the amendment cr~ntes set so there was an original and two or three copies, the are much grrater than the step it takes in favor or the various drug-enforcement agencies would then have consumer. available when they inspect a pharmacy, the records that Since one of the favorite ploys in drug abuse in this thcy are required to loclc Cor today to make sure that nation is people going around to various drugstores and there is no abuse of the existing drug laws. using a prescription far in excess of what the originnl Usless so~ncone is able to point out that I am com- doctor intended, including the forgery of the original prepletely inaccurate on it, then I would recommend that scription slip, the fact that a paiient goes to one parthis amendment be defeated and I would be happy to ticular pharmacy can, to some estent-not perlectly, but cosponsor or support any amendment that would lake to some extent-minimiie this abuse. Forqery is a care of these problems that are raised in my mind. severe problem in the prescription area, particularly when you are dealing with drugs lilt*? morphine ~nd cocaine The SPEAKER. The Chair recognizes the lady from that have those ingredients in them. Montgomery, Mrs. Fawcett. I would simqlv suzgest as an alternative to Mr. IT%!- Mrs. FAWCETT. Mr. Speaker, I am going to ask to son's ~mendment, something from my own pcrsonal exmake a comment. Then I would like to interr0gai.e Mr. perience. I take a prescription drug and I used to bug Wilson? it from a local drugstore at $9 per hundred tablets and I
1976. LEGISLATIVE JOURNAL-HOUSE 5147 discovered that I could get them at another drugstore can get the best prescription for the lowest dollar. That for SG pur hundrcd tablets, and I simply wrnt back to my is really what it is all about. Do you really want to help doctor and hc wrote n prescription to that particular these people buy their drugs chcapcr? And I Suggest if pharmacy tlhzt charged the lesser pricc. This deals with that is what yon want to do, you would offer the choice Mr. Ryan's problem of the sccnnd drugqtorc thus having of portability. the original ~rescrintion sli~. . . namely, the second slill Thank yon, Mr. Spezker. that the doctor wrote. Therefore, the enforcement I On thr question recurring, problem is dealt with as much as we can deal with it. Will thc House agree to the amendmf:nt? The consumer prohlem raised by Mr. Wilson is also - dealt with in that a customer can simply shop around via The yeas and ;lays \vere required by Mr. WILSON and the telephone, as was suggested by Mrs. Fawcett, and find Mrs. TOLL and were as follows: the cheaper pharmacy and then get a re-issued prescription from the doctor and thus we avoid some of the YEAS4 forgery problems and drug abuse problems that I sin- Hutchlnson, cerely believe are inherent in Mr. Wilson's amendment. Perd wiwel Sincr. T believe thc amendment is malformed and NAYS-194 dnngcrous, I urge the me-nhcrs to votr against it. Abraham :fleClatehy Salvatore An5am. J. H. McCue Schenffer The SPEAKER. The Chair recognizes the gentlrman Am- McGlnnis Sehmltt Trnm Mi;ntgomcry, Mr. Yohn. 9mb.I MeIntyre sehwedu Rellomln( McLane Selllea RZr. YOTTN. Mr. Speaker, I would urge the membr.1.r ne~,~en Mphus Seltzer to rcad the, amendment very careRilly. I think that it "- Menhorn Shane Berlin Milanovbh shelhamtr was distrih~~ted some time azo and it was difficult on mir uenon Miller. M. E. Shelton side oi the aisle nt least to find a copy of the amend- uinle ATiller, M. E., sr. Shuman Bradley Miluron Shupdk ment. But the amendment is very short. It does not ~ ~ ~ ~ d t MiSCrvfCh strlmni contain the protections that Mr. VJilsnn would like lo Srunner Morhlrnann Smith. E. YUTM Gllng Mords smltli. L. have in it that he has stntcd arc in it. The 1:nguage of nutma Halverson Mullen. M. P. Spencer the amendment does not contain those protections. I Ca~eto Hamilton. J. H. Mullrn s-1 think that those pr:'lccticns ar.e nhroh~tely necessary for Hammoc* Mua40 Stapleton ~ ~ ~ ~ u l H~~BY I l Mrkonlc stout us to consider this type of n prop:~snl and, until they are Cimlni Harkell Myera Taddonio in the am~ndment, I would sugzest that the amendment Haye. n. S. Novalc Taylor $:km Haye., S. E. Noye Thomas he defc>,tcr!. Thank you. Cowtu H-pford O'Brten Toll Crawford Hill O'Co~ell Re110 The SPEAKER. The Chair recognizes the gentleman Cumberland Hopkins O'Donnell Turner DBv~u Hutchinson. W. O'Krefc Irdm Bucks, Mr. Wilson. UstynosLl ~e~edio rmi. Oliver ValIcenU Mr. WILSON. Mr. Speaker, just a minor rebuttal to ltkin Pancoast Vrmn ;%a,", .rohnson. 3. Parker. H. S. Wnener thc cppoi~cnts of my amendment. Dicarlo Kelly, A. P. Perry warn. T. P. I would sl:g$r.st that the genticman. Mr. Ryan, and Kelly, J. B. Petruree w&m ;,'Lna* Kern& Pievsky Wargo ,-!.her.; renii the hiil itself. Pace 10, line 3, says and T n:nj,a Kistler Pit* W d k slate: nrrnimrabl Klingvrnan Polite Westerberg Dorr Knepper Pratt Whclan THE STAT": BOARD OF PFTARMACY SHALL Kowalpshyn Prendergart wiggins 2dEelbb K31111 Pyln Williams FIAVF, TI!:: POWER AND ITS DUTY SHALT, Dumas LaMarc* Rappapor+ Wllt, R. W. BF: TO: Eekensbcrge Laudndio llavenstahl wui W. w. Enzlehart I.auehlin Reed W0jdSk (1) ADILI!N!STER AND ENFORCE TIIF: PRO- Pswcen Remlnger VlSiONS OF THIS ACT. Fee Renwck Fischer modes (2) ADOFT NECESSARY REGULATIONS CON- rfsker Hiehrlrdson SISTENT WITH TlIIS ACT. P'laherhr 1Jncoln Rieger Foster. A. Logue Rltter Lynch R031 zi% w. Mandertno Ruggiero @Tyer Mnnmllls Ryan Gnllagher McCaII Saloom I would suggest that that would set the number of copies anrl who is going to h;ve a copy and so forth and SO on. We have talked about abuse, and the gentleman, Mr. Shaoe, has talked about going hack to his doctor, and ? sc,pposi. he is going to pay the doctor another $10 or $15 tor znother prescription so that he can go out and ~ave $2 on the prescription itself. Enforcement of this nmendmrnt is no more difficult than enforcement of the current law or enforcement of this particular proposal, I-Iouse bill No. 473. If we c2re to enforre il. if we care to make the law stand and he tight and be regulated, we can do it. If we do not care tn. we do not have to. NOT VOTING-5 gz&: Koltcr PAeGraw So the question was determined in was not agreed Ymer the negative 1 suggest that if we arc going to save thc consumer 'The SPEAICER. This bill has been considered on three .one money, we can put this portability amendment in diiferent days and agreed to and is now on final passage. there. the proh!ems will be taken care of and the people The question is. Shall the bill pass finally? and On the question recurring, the House agree lo the bill as on third consideration? Bill as amended was agreed to.
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E:zF Katz - The Pennsylvania General Assembly

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