HB 446 Pennsylvania House · 2025-2026 Regular Session

An Act amending the act of July 19, 1979 (P.L.130, No.48), known as the Health Care Facilities Act, in licensing of health care facilities, providing for medication offered to patient.

HB 446 requires hospitals and ambulatory surgical facilities in Pennsylvania to offer patients unused, facility-provided medication at no additional cost upon discharge, if the prescriber determines it's clinically appropriate for continuing treatment. The bill specifies that this applies only to non-controlled, multi-dose medications like eye drops, creams, or inhalers (excluding IV drugs or controlled substances), and mandates clear discharge instructions with usage details and contact information. Providers acting in good faith are protected from liability for patient misuse, and such medication offers are exempt from standard outpatient dispensing rules. This directly affects patients discharged from hospitals or ambulatory facilities and the healthcare facilities providing their care.
Bill status passed 3 of 5 stages cleared
Introduction
Feb 2025
Committee Review
Nov 2025
House Passage
Oct 2025
Senate Passage
Governor
Introduced Feb 3, 2025 Last action Nov 5, 2025
Maddy AI version diff · 2 comparisons

What changed between versions

Printer's No. PN2021 Printer's No. PN2439 · 4 edits
MODERATE
This bill update expands the scope of medication sharing rules to include unused portions that would otherwise be discarded, not just those billed to the patient. It clarifies that prescribers can fulfill counseling requirements by offering to counsel rather than mandating it, and adds a specific definition for 'facility-provided medication' to cover multi-dose products used during acute care. Crucially, it introduces a liability protection clause that shields medical providers from lawsuits unless they act with gross negligence or willful misconduct.
Scope change
The bill's applicability was broadened to cover any unused medication that would be wasted, rather than only medication billed to the patient, and explicitly defines which types of drugs qualify under the new sharing rules.
ELIGIBILITY

Expanded eligibility to include unused medication portions that would otherwise be discarded, even if not billed to the patient.

REQUIREMENT

Changed the counseling requirement from mandatory to optional, allowing prescribers to fulfill requirements by offering to counsel the patient.

DEFINITION

Added a new definition for 'facility-provided medication' to include multi-dose products used during acute care that are appropriate for continued use after discharge.

ENFORCEMENT

Added liability protection for prescribers and facilities acting in good faith, shielding them from civil or administrative liability unless gross negligence or willful misconduct is proven.

Floor votes · House Oct 27, 2025

How they voted

2030
Passed
Total votes 203
Oct 27, 2025
D Democratic102
102 Yea
100% Yea
R Republican101
101 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
12
Key actions
4
Committee
6
Amendments
1
Nov 5, 2025
Committee
Referred to Health & Human Services
upper
Oct 27, 2025
Lower · Passed
Third consideration and final passage
lower
Oct 27, 2025
Lower · Passed
Re-reported as committed
lower
Oct 8, 2025
Committee
Re-committed to Appropriations
lower
Sep 10, 2025
Lower · Passed
Re-reported as committed
lower
Jun 25, 2025
Committee
Re-committed to Rules
lower
Jun 25, 2025
Lower · Passed
Reported as amended
lower
Feb 3, 2025
Committee
Referred to Health
lower
1 primary · 17 co-sponsors

Sponsors