Pennsylvania Act 2023-43 — HEALTH AND SAFETY (35 PA.C.S.) - URINE DRUG SCREENING REQUIREMENT AND XYLAZINE AWARENESS EDUCATION

Act text

Session of 2023

No. 2023-43

SB 683

AN ACT

Amending Title 35 (Health and Safety) of the Pennsylvania Consolidated Statutes, in public safety, providing for urine drug screening requirement and for xylazine awareness education.

The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:

Section 1. Title 35 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read:

CHAPTER 59

MISCELLANEOUS PROVISIONS

Sec.

5901. (Reserved).

5902. Urine drug screening requirement.

5903. Xylazine awareness education.

§ 5901. (Reserved).

§ 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.

§ 5903. Xylazine awareness education.

(a) Powers and duties.--The Department of Drug and Alcohol Programs, in consultation with the Department of Health and the Department of Agriculture, shall have the power and its duty shall be to:

(1) Enter into partnerships with health care providers, including physicians and veterinarians, and community-based health centers and hospitals to educate residents of this Commonwealth on the dangers of human use of xylazine.

(2) Create informational materials in electronic and physical form, in coordination with the partners described in paragraph (1), which may be distributed to or accessed by residents of this Commonwealth. The informational materials shall include:

(i) The effects on the human body of the use of xylazine.

(ii) How to talk to family and friends about the dangers of human use of xylazine.

(iii) The legitimate uses of xylazine for animal use.

(iv) Any other information that the Department of Drug and Alcohol Programs deems necessary to prepare and educate residents of this Commonwealth on the dangers of human use of xylazine.

(b) Expiration.--Upon a determination by the Secretary of Health that the human use of xylazine no longer poses a significant threat to the public health and safety of the Commonwealth, the Secretary of Health shall transmit notice of the determination to the Legislative Reference Bureau for publication in the next available issue of the Pennsylvania Bulletin. This section shall expire upon publication of the notice under this subsection.

Section 2. This act shall take effect in 60 days.

APPROVED--The 14th day of December, A.D. 2023.

JOSH SHAPIRO