35 Pa. C.S. § 5202

Current through Pa Acts 2024-53, 2024-56 through 2024-92

Section 5202 - Definitions

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Controlled substance." As defined in the Act of April 14, 1972 ( P.L. 233, No.64), known as the Controlled Substance, Drug, Device and Cosmetic Act.

"Department." The Department of Health of the Commonwealth.

"Health care facility." A health care facility as defined in section 103 of the Act of July 19, 1979 ( P.L. 130, No.48), known as the Health Care Facilities Act, or any other facility or institution licensed, registered or otherwise permitted to distribute, dispense, conduct research with or prescribe or administer a controlled substance containing an opioid or other controlled substance in the course of professional practice or research in this Commonwealth.

"Licensing board." The term shall include the following:

(1) The State Board of Medicine as set forth in the Act of December 20, 1985 ( P.L. 457, No.112), known as the Medical Practice Act of 1985.

(2) The State Board of Osteopathic Medicine as set forth in the Act of October 5, 1978 ( P.L. 1109, No.261), known as the Osteopathic Medical Practice Act.

(3) The State Board of Nursing as set forth in the Act of May 22, 1951 ( P.L. 317, No.69), known as the Professional Nursing Law.

(4) The State Board of Podiatry as set forth in the Act of March 2, 1956 (1955 P.L. 1206, No.375), known as the Podiatry Practice Act.

(5) The State Board of Dentistry as set forth in the Act of May 1, 1933 ( P.L. 216, No.76), known as the Dental Law.

"Opioid."Any of the following:

(1) A preparation or derivative of opium.

(2) A synthetic narcotic that has opiate-like effects but is not derived from opium.

(3) A group of naturally occurring peptides that bind at or otherwise influence opiate receptors, including opioid agonist.

"Patient." An individual who is under the medical care of a practitioner.

"Practitioner." A health care practitioner as defined in section 103 of the Act of July 19, 1979 ( P.L. 130, No.48), known as the Health Care Facilities Act.

"Secretary." The Secretary of Health of the Commonwealth.

"System." The achieving better care by monitoring all prescriptions program electronic prescription monitoring system with a database component as established under the Act of October 27, 2014 ( P.L. 2911, No.191), known as the Achieving Better Care By Monitoring All Prescriptions Program (ABC-MAP) Act.

"Voluntary nonopioid directive." A written instruction form executed by a patient evidencing the named patient's request not to have a controlled substance containing an opioid offered, supplied, prescribed or otherwise administered to the named patient by a practitioner.

35 Pa.C.S. § 5202

Added by P.L. TBD 2016 No. 126, § 1, eff. 11/2/2016.