PRINTER'S NO. 2021
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1693
Session of
2023
INTRODUCED BY WHITE, SEPTEMBER 25, 2023
REFERRED TO COMMITTEE ON HEALTH, SEPTEMBER 25, 2023
AN ACT
Amending Title 35 (Health and Safety) of the Pennsylvania
Consolidated Statutes, providing for opioid settlements.
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 52C
OPIOID SETTLEMENTS
Subchapter
A. Preliminary Provisions
B. (Reserved)
C. Recipient Political Subdivisions
SUBCHAPTER A
PRELIMINARY PROVISIONS
Sec.
52C01. Scope of chapter.
52C02. Definitions.
§ 52C01. Scope of chapter.
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This chapter relates to opioid settlements entered into by
the Commonwealth or a political subdivision.
§ 52C02. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Controlled substance." A drug, substance or immediate
precursor included in Schedules I, II, III, IV and V of section
4 of the act of April 14, 1972 (P.L.233, No.64), known as The
Controlled Substance, Drug, Device and Cosmetic Act.
"Opioid." Any of the following:
(1) A preparation or derivative of opium.
(2) A synthetic narcotic that has opiate-like effects
but is not derived from opium.
(3) A group of naturally occurring peptides that bind at
or otherwise influence opiate receptors, including opioid
agonists.
"Qualified opioid litigation." Any of the following, whether
filed or unfiled, actual or potential or arising under common
law, equity or any provision of law:
(1) A civil claim or civil cause of action brought by
the Attorney General on behalf of the Commonwealth with an
entity that manufactured, sold, distributed, dispensed or
promoted opioids, made in connection with claims arising from
the manufacturing, marketing, distributing, promoting or
dispensing of opioids.
(2) A civil claim or civil cause of action brought by
the Attorney General on behalf of the Commonwealth in
connection with the bankruptcy of an entity that
manufactured, sold, distributed, dispensed or promoted
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opioids, made in connection with claims arising from the
manufacturing, marketing, distributing, promoting or
dispensing of opioids.
"Qualified opioid settlement." A judgment, stipulation,
decree, agreement to settle, assurance of discontinuance or
other legal instrument resolving a qualified opioid litigation.
"Recipient political subdivision." A political subdivision,
or an office, department or other subunit of a political
subdivision, which receives money from a qualified opioid
settlement by operation of the qualified opioid settlement.
SUBCHAPTER B
(Reserved)
SUBCHAPTER C
RECIPIENT POLITICAL SUBDIVISIONS
Sec.
52C21. Prohibited expenditures.
§ 52C21. Prohibited expenditures.
A recipient political subdivision may not make an expenditure
of money received from a qualified opioid settlement for
providing or arranging access to hypodermic syringes, needles or
other objects used or designed for use in the parenteral
injection of a controlled substance into the human body in
violation of the act of April 14, 1972 (P.L.233, No.64), known
as The Controlled Substance, Drug, Device and Cosmetic Act.
Section 2. This act shall take effect in 60 days.
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