35 Pa. C.S. § 5902

Current through Pa Acts 2024-53, 2024-56 through 2024-111

Section 5902 - Urine drug screening requirement

(a)General rule.--

(1) Except as provided in paragraph (2), if a urine drug screening is conducted in an emergency department within an acute care hospital to assist in diagnosing a patient's condition, the urine drug screening shall include testing for Fentanyl and Xylazine.

(2) The Xylazine testing under paragraph (1) shall only be required if testing is available as part of the urine drug screening panel.

(b) Reporting.--

(1) If the urine drug screening conducted in accordance with subsection (a) detects Fentanyl or Xylazine, the emergency department shall report the test results, which shall be deidentified, to the Department and shall provide informational materials under section 5903(a)(2) (relating to Xylazine awareness education).

(2) The department shall determine the manner of submission of test results.

(3) Reporting for Fentanyl and Xylazine shall occur when results meet a screening threshold set by the department.

(4) The department shall transmit notice of the manner of submission of test results under paragraph (2) and the screening threshold under paragraph (3) to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin.

(5) Prior to the transmittal of the notice under paragraph (4), the department shall consult with stakeholders regarding the manner of submission of test results and the screening threshold.

(c) Applicability.-- The requirements of this chapter shall not apply if a health care practitioner of the emergency department determines that a positive test result for Fentanyl is due to a legally prescribed course of treatment for the patient. The health care practitioner shall denote this exception in the patient's medical record.

(d) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection unless the context clearly indicates otherwise:

"Acute care hospital." A facility that provides inpatient and outpatient hospital services and is licensed by the department as a general or tertiary care hospital. The term does not include a specialty hospital.

"Controlled substance." A drug, substance or immediate precursor included in Schedules I through V of 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.

"Emergency department." An entity within a hospital that is organizationally distinct from other outpatient facilities and whose primary function is to provide emergency accident or emergency medical or surgical care. The term includes an outpatient emergency department.

"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.

"Urine drug screening." A chemical analysis intended to test a patient for the presence of a controlled substance or Xylazine.

35 Pa.C.S. § 5902

Added by P.L. TBD 2023 No. 43,§ 1, eff. 2/12/2024.