HB 2050 — An Act amending the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act, further providing for permit to conduct a pharmacy.

PRINTER'S NO.   2628

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 2050
                                               Session of
                                                 2025

     INTRODUCED BY BURGOS, GUZMAN, WAXMAN, VENKAT, HILL-EVANS,
        DONAHUE, McNEILL, SANCHEZ, CEPEDA-FREYTIZ AND GREEN,
        NOVEMBER 19, 2025

     REFERRED TO COMMITTEE ON HEALTH, NOVEMBER 19, 2025


                                    AN ACT
 1   Amending the act of September 27, 1961 (P.L.1700, No.699),
 2      entitled "An act relating to the regulation of the practice
 3      of pharmacy, including the sales, use and distribution of
 4      drugs and devices at retail; and amending, revising,
 5      consolidating and repealing certain laws relating thereto,"
 6      further providing for permit to conduct a pharmacy.
 7      The General Assembly of the Commonwealth of Pennsylvania
 8   hereby enacts as follows:
 9      Section 1. Section 4 of the act of September 27, 1961
10   (P.L.1700, No.699), known as the Pharmacy Act, is amended by
11   adding subsections to read:
12      Section 4.    Permit to Conduct a Pharmacy.--* * *
13      (a.1)   A pharmacy benefits manager may not acquire or hold,
14   directly or indirectly, a permit to operate a pharmacy for the
15   retail sale of drugs or medicines in this Commonwealth. On or
16   after the effective date of this subsection, the board shall
17   revoke or refuse to renew a permit held in violation of this
18   subsection. The following shall apply:
19      (1)   The board may issue a limited-use permit to a pharmacy
 1   that would otherwise be prohibited under this subsection if the
 2   pharmacy provides access to a rare, orphan or limited-
 3   distribution drug that is otherwise unavailable in the market to
 4   patients or pharmacies.
 5      (2)    Before revoking or refusing to renew a permit under this
 6   subsection, the board may assess whether the pharmacy provides
 7   access to a drug described under clause (1).
 8      (3)    If the board determines under clause (1) that the drug
 9   is otherwise unavailable in the market, the board shall convert
10   the permit to a limited-use permit for a period of not less than
11   ninety days.
12      (4)    The board shall adopt a written policy to implement the
13   process to conduct assessments and make determinations under
14   clauses (2) and (3). The policy shall include all of the
15   following:
16      (i)    Procedures for patients, pharmacies or health care
17   providers to notify the board of an unavailable drug described
18   under clause (1).
19      (ii)    Procedures for a pharmacy to request a limited-use
20   permit.
21      (iii)     Deadlines for the board's determinations under clause
22   (3).
23      (iv)    Emergency procedures for patient need.
24      (5)    If a pharmacy subject to this subsection is undergoing a
25   pending sale to an eligible buyer and the pharmacy provides
26   same-day access to pharmacist services, prescriptions for
27   controlled substances, mental health services or other critical
28   patient health services, the board may extend or renew the
29   pharmacy's permit for a limited period.
30      (6)    This subsection shall not apply to a pharmacy employer

20250HB2050PN2628                    - 2 -
 1   and a pharmacy that:
 2      (i)    holds a direct or indirect interest in a pharmacy
 3   benefits manager;
 4      (ii)    has a relationship in which the pharmacy employer is
 5   the sole client located in this Commonwealth of the pharmacy
 6   benefits manager in which the pharmacy employer holds a direct
 7   or indirect interest; and
 8      (iii)    provides pharmacy services exclusively to the employes
 9   and dependents of the pharmacy employer through the affiliated
10   pharmacy benefits manager in this Commonwealth.
11      (7)    As used in this subsection, the following words and
12   phrases shall have the meanings given to them in this clause
13   unless the context clearly indicates otherwise:
14      (i)    "Permit" means a permit issued by the board under this
15   section to operate a pharmacy for the retail sale of drugs or
16   medicines in this Commonwealth, including an active permit, a
17   renewed permit or a permit subject to suspension, revocation or
18   nonrenewal.
19      (ii)    "Pharmacy benefits manager" means the term as defined
20   in section 103 of the act of November 21, 2016 (P.L.1318,
21   No.169), known as the "Pharmacy Audit Integrity and Transparency
22   Act."
23      (a.2)    The board shall assess each permit issued under this
24   section as of July 1, 2026, and provide notice to a permit
25   holder who the board reasonably believes will be in violation of
26   subsection (a.1). The board shall provide the notice via
27   certified mail or email at least ninety days before January 1,
28   2027. The following shall apply:
29      (1)    The notice shall include all of the following:
30      (i)    A list of pharmacy benefits managers with a direct or

20250HB2050PN2628                   - 3 -
 1   indirect interest in a permit held by the permit holder.
 2      (ii)    Contact information for the board, including a
 3   monitored phone number and email address.
 4      (iii)    Except as provided under clause (2), a list of
 5   Pennsylvania pharmacies with permits that the board does not
 6   reasonably expect to be in violation of subsection (a.1) as of
 7   January 1, 2027. The list shall include all of the following for
 8   each pharmacy:
 9      (A)    Name.
10      (B)    Phone number.
11      (C)    Physical address.
12      (D)    Publicly accessible Internet website, if available.
13      (E)    Email address, if available.
14      (2)    If the board maintains a publicly accessible Internet
15   website containing the information required under clause (1)
16   (iii), the board may include the publicly accessible Internet
17   website address in the notice under clause (1) in lieu of the
18   list under clause (1)(iii).
19      (3)    A permit holder that receives notice under clause (1)
20   shall provide notice to each patient and each prescribing health
21   care provider who used the pharmacy within the preceding twelve
22   months. The permit holder shall provide the notice via certified
23   mail, email or patient portal at least sixty days before January
24   1, 2027, and shall inform the recipient that the pharmacy will
25   no longer be authorized to dispense retail drugs or medicines on
26   or after January 1, 2027. The notice shall include the
27   information specified under clause (1)(iii) as provided to the
28   permit holder by the board.
29      (4)    As used in this subsection, the following words and
30   phrases shall have the meanings given to them in this clause

20250HB2050PN2628                   - 4 -
 1   unless the context clearly indicates otherwise:
 2      (i)    "Permit" means permit issued by the board under this
 3   section to operate a pharmacy for the retail sale of drugs or
 4   medicines in this Commonwealth, including an active permit, a
 5   renewed permit or a permit subject to suspension, revocation or
 6   nonrenewal.
 7      (ii)    "Pharmacy benefits manager" means the term as defined
 8   in section 103 of the "Pharmacy Audit Integrity and Transparency
 9   Act."
10      * * *
11      Section 2.      This act shall take effect as follows:
12             (1)   The following shall take effect immediately:
13                   The addition of section 4(a.1)(4) of the act.
14                   This section.
15             (2)   The remainder of this act shall take effect in 60
16      days.




20250HB2050PN2628                      - 5 -