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Legislative Update – October 2015

SB 678, known as Act 41 of 2015 (the “Amendment”) amends Act 14 of 1949 (the “Public School Code”) to authorize campus police officers employed by any of the 14 universities in the State System of Higher Education (“SSHE”) to have arrest powers “on all highways, trafficways and bicycle and pedestrian facilities that traverse or abut [lands and buildings owned, controlled, leased or managed by SSHE].” Sponsored by Sen. Lloyd Smucker (R-Lancaster), the Amendment changes the Public School Code which had been interpreted by the Pennsylvania Superior Court in Commonwealth v. Boyles, No. 622 WDA 2014 to exclude from a SSHE police officer’s authority the power to arrest a person on a road abutting on both sides grounds owned by Slippery Rock University when Slippery Rock University did not own and maintain the road. In that case, evidence of speeding and alcohol intoxication was suppressed because the evidence was obtained outside the officer’s primary jurisdiction.
The Amendment empowers SSHE police officers at the SSHE universities known as Kutztown, Bloomsburg, California, Cheyney, Clarion, East Stroudsburg, Edinboro, Indiana, Lock Haven, Mansfield, Millersville, Shippensburg, Slippery Rock and West Chester Universities. In addition to permitting arrest powers for the DUI and speeding charges that arose in the Boyle case, the Amendment will give SSHE police officers the arrest powers on vehicular, bicycle and pedestrian routes abutting SHHE grounds in all other law enforcement matters within the jurisdiction of SSHE police officers, including more serious cases of violent crime, examples of which we have too frequently seen in school settings. Governor Wolf signed the Amendment on October 1, 2015, and it will take effect 60 days later.

HB 75 (the “Amendment”) amends the Act of September 27, 1961 (the “Pharmacy Law”) to authorize the Pennsylvania Board of Pharmacy (the “Board”) to regulate a “Nonresident pharmacy”, defined as “any pharmacy located outside this Commonwealth that ships, mails or delivers, in any manner, legend devices or legend drugs into this Commonwealth pursuant to a prescription order.” “legend” refers to the federal requirement for a legend (specific label) on prescription products. The Amendment amends the Act, in addition to other things, to (1) require Nonresident pharmacies to register with the Board before shipping, mailing or delivering legend devices or legend drugs (“Interstate Legend Drugs Sales”) in Pennsylvania, (2) to maintain a pharmacy license in the state of its location by the appropriate board or authority (the “Foreign Board”), (3) provide on the legend a toll-free telephone number functional six days per week and at least 40 hours per week to facilitate communication between Pennsylvania patients and a pharmacist with the patient’s records, and (4) disclose to the Board disciplinary actions within 30 days of final disposition by the Foreign Board.
The Amendment also changes the Pharmacy Law to require domestic pharmacies licensed in Pennsylvania that are also licensed, permitted or registered in another state for Interstate Legend Drug Sales in that foreign state to report to the Board in its biennial registration its licensure, permission or registration in that other state. Such domestic pharmacies must also report to the Board within 30 days of final disposition any disciplinary actions taken in other states. The Board also is authorized to deny, revoke or suspend the license of a Nonresident pharmacy (a) upon proof of similar action in a foreign state, (b) for conduct that causes serious bodily injury or psychological injury to a Pennsylvania resident provided the Board has referred matter to the Foreign Board, and (c) for failure to comply with new section 4.1 of the Pharmacy Act. Governor Wolf signed the Amendment on October 7, 2015, and it will take effect 60 days later.

© 2015 Robert J. Hobaugh, Jr.