§ 5204. Guidelines
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 Pa.C.S.A. Health and SafetyEffective: November 2, 2016
Effective: November 2, 2016
35 Pa.C.S.A. § 5204
§ 5204. Guidelines
(1) A standard form for the recording and transmission of the voluntary nonopioid directive form, which shall include verification by the patient's practitioner and which shall comply with the written consent requirements of the Public Health Service Act (58 Stat. 682, 42 U.S.C. § 290dd-2(b)) and 42 CFR Pt. 2 (relating to confidentiality of alcohol and drug abuse patient records), provided that the voluntary nonopioid directive form shall also provide the basic procedures necessary to revoke the voluntary nonopioid directive form.
(3) Requirements and procedures for a patient to appoint a duly authorized guardian or health care proxy to override a previously filed voluntary nonopioid directive form and circumstances under which an attending practitioner may override a previously filed voluntary nonopioid directive form based on documented medical judgment which shall be recorded in the patient's medical record.
(c) Written prescriptions.--A written prescription that is presented at an outpatient pharmacy or a prescription that is electronically transmitted to an outpatient pharmacy shall be presumed to be valid for the purposes of this section, and a pharmacist in an outpatient setting shall not be held in violation of this section for dispensing a controlled substance containing an opioid or other controlled substance in contradiction to a voluntary nonopioid directive form, except upon evidence that the pharmacist acted knowingly against the voluntary nonopioid directive form.
Credits
2016, Nov. 2, P.L. 987, No. 126, § 1, imd. effective.
35 Pa.C.S.A. § 5204, PA ST 35 Pa.C.S.A. § 5204
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |