61 Pa.C.S. Ch. 11

in effect

61 Pa.C.S. § 1101 Benefits to injured employees of State correctional institutions.

(a) General rule.--An employee of a State correctional institution who is injured during the course of that employment by an act of an inmate or by any person who has been committed to the State correctional institution by any court of the Commonwealth or by any provision of the act of July 9, 1976 (P.L.817, No.143), known as the Mental Health Procedures Act, shall be paid by the Commonwealth the employee's full salary until the disability arising from the injury no longer prevents the employee's return as an employee of the department at a salary equal to that earned by the employee at the time of the injury. (b) Medical and hospital expenses.--All medical and hospital expenses incurred in connection with an injury described in subsection (a) shall be paid by the Commonwealth until the disability arising from the injury no longer prevents the employee's return as an employee of the department at a salary equal to that earned by the employee at the time of the injury. (c) Workers' compensation.--During the time salary for an injury described in subsection (a) shall be paid by the Commonwealth, any workers' compensation received or collected for the period shall be turned over to the Commonwealth and paid into the General Fund. If such payment is not made, the amount due the Commonwealth shall be deducted from any salary then or thereafter becoming due and owing to the employee. (d) Survivor benefits.-- (1) The surviving spouse and minor dependents of an employee who dies within one year as a result of an injury described in subsection (a) shall be paid benefits equal to 50% of the full salary of the deceased employee. (2) (i) When a surviving spouse and minor dependents not in the custody of the surviving spouse are entitled to payments, 50% of the payments shall be paid to the surviving spouse and 50% to the dependents. (ii) In every case, the amount payable to minor dependents shall be divided equally among them and be paid to the persons or institutions having custody of them. (3) (i) In the case of a surviving spouse or a surviving spouse with minor dependents in the custody of the surviving spouse, the benefits shall terminate when the surviving spouse remarries. (ii) In the case of minor dependents, except when in the custody of a remarried surviving spouse, the benefits shall terminate when all of the minor dependents become 18 years of age. (iii) Neither a surviving spouse nor minor dependents shall receive any benefits under this section while receiving benefits under the Social Security Act (49 Stat. 620, 42 U.S.C. § 301 et seq.). (4) The benefits provided under this subsection shall be reduced by the amount of any workers' compensation benefits received or collected by the surviving spouse or minor dependents because of the same injury. (5) Payments for the benefit of minor dependents shall be made to the person having legal custody of them. (e) Effect of injury on leave of absence.--No absence from duty of any State employee to whom this section applies by reason of any injury described in subsection (a) shall in any manner be deducted from any period of leave allowed the employee by law or by regulation.

61 Pa.C.S. § 1102 Correctional facility for criminological diagnosis.

(a) Establishment.--There is hereby established a correctional facility for criminological diagnosis, classification, social and psychological treatment and research, medical treatment and staff training. (b) Operation and management.--The department shall operate and manage the correctional facility established under this section, including staff training and the treatment, care, maintenance, employment and rehabilitation of the inmates in that facility.

61 Pa.C.S. § 1103 Recording system for identification of criminal offenders.

(a) General rule.--The Pennsylvania State Police shall continue to procure and file for record photographs, pictures, descriptions, fingerprints and such other information pertaining to all persons who have been convicted of a criminal offense within this Commonwealth and also of all well-known and habitual criminal offenders, wherever they may be procured. (b) Cooperation from chief administrators.--Chief administrators of correctional facilities shall furnish to the Pennsylvania State Police, upon request, the fingerprints, photographs and description of any inmate. (c) Fingerprinting and photographing authorized.-- (1) The Pennsylvania State Police, chief administrators of correctional facilities and all police officers within the several political subdivisions of this Commonwealth may take or cause to be taken the fingerprints or photographs of any person in custody, charged with the commission of a criminal offense or reasonably believed to be a fugitive from justice or a habitual criminal. This paragraph shall not apply to persons charged with a violation of 75 Pa.C.S. (relating to vehicles) which is punishable upon conviction in a summary proceeding unless the person is reasonably believed to be a fugitive from justice or a habitual criminal. (2) The chiefs of law enforcement bureaus of all cities within this Commonwealth shall furnish daily to the Pennsylvania State Police copies of the fingerprints and, if possible, photographs of any person arrested within their jurisdiction charged with the commission of a criminal offense classified as a felony of any degree or who is reasonably believed to be a fugitive from justice or a habitual criminal. Such fingerprints shall be taken on forms furnished or approved by the Pennsylvania State Police. (3) The Pennsylvania State Police, immediately upon the receipt of records under this subsection, shall compare them with those already in their files and, if they find that any person arrested has a previous criminal record or is a fugitive from justice, shall immediately inform the arresting officer or the officer having the inmate in charge of that fact. (d) Cooperation outside this Commonwealth.--The Pennsylvania State Police shall cooperate with agencies of other states and of the United States having similar powers to develop and carry on a complete international, national and interstate system of criminal identification and investigation and also to furnish, upon request, any information in its possession concerning any person charged with a criminal offense to any court, district attorney or police officer of this Commonwealth, another state or the United States. (e) District attorneys may employ experts.-- (1) District attorneys may employ experts on fingerprints to assist them in the investigation of pending cases and to testify at the trial thereof. The compensation of any such expert shall be fixed by the district attorney employing the expert, with the approval of the court of common pleas, and shall be paid from the county treasury upon warrant of the county commissioners in the usual manner. (2) The district attorney of any county, the chief administrator of a county correctional institution, any expert employed by the district attorney or any other person designated by the district attorney may, upon the written order of the district attorney, take the fingerprints of any person confined in the county correctional institution for use in the identification of the inmate or for the inmate's trial. (3) (i) The district attorneys of the several counties shall keep and arrange files of the fingerprints, taken under this section, of persons convicted of a criminal offense and shall destroy the fingerprints of all persons acquitted. (ii) The files of fingerprints maintained by the district attorneys shall be open to the inspection of any other district attorney of this Commonwealth, or their representatives, or of the Pennsylvania State Police or any sheriff or law enforcement officer. (f) Penalty.-- (1) Neglect or refusal of any person mentioned in this section to make the report required in this section, or to do or perform any other act required to be done or performed in connection with the operation of this section, shall constitute a summary offense. (2) Such neglect or refusal shall also constitute malfeasance in office and subject such person to removal from office. (3) Any person who removes, destroys or mutilates any of the records of the Pennsylvania State Police or of any district attorney shall be guilty of a misdemeanor of the third degree.

61 Pa.C.S. § 1104 State recording system relating to pregnant and postpartum incarcerated individuals or detainees.

(a) General rule.--A correctional institution shall, in writing, report each restraint applied to a pregnant, laboring or postpartum individual in the correctional institution's custody, as well as any instance where a pregnant, laboring or postpartum individual is placed in restrictive housing. The report shall note the number and type of restraints or, in the case of restrictive housing, the length of time the individual was placed in restrictive housing. The provisions of this subsection shall apply to any person tasked with transporting or housing incarcerated individuals or detainees. Reports shall be made as follows: (1) A correctional institution shall make the report to the secretary. (2) (Reserved). (b) Contents of report.--Reports of each restraint or placement of a pregnant, laboring or postpartum individual in restrictive housing as required under subsection (a) must include the following: (1) (Deleted by amendment). (2) (Deleted by amendment). (2.1) The circumstances that led to the determination that: (i) the pregnant, laboring or postpartum individual represented a substantial risk of imminent flight; or (ii) other extraordinary medical or security circumstances dictated that the pregnant, laboring or postpartum individual be restrained or placed in restrictive housing to ensure the safety and security of the pregnant, laboring or postpartum individual, the staff of the correctional institution or medical facility, other incarcerated individuals or detainees or the public. (3) The date and time restraints were applied or the restrictive housing placement occurred and the length of time the pregnant, laboring or postpartum individual was kept in restraints or restrictive housing. (4) The badge number or identification number of the following: (i) The custodian or staff member who applied the restraints or placed the individual into restrictive housing. (ii) Any superior officers approving or advising the application of restraints or placement in restrictive housing. (5) The number and type of restraints used or the location and description of the restrictive housing. (6) Any visible injury of the pregnant, laboring or postpartum individual resulting from placement in the restraints that is documented by the correctional institution. (c) Staff presence during labor.--Other than licensed medical professionals, only female staff shall be present in the room during the examination, labor or delivery of the pregnant incarcerated individual. If male staff, other than licensed medical professionals, remain present during the examination, labor or delivery of the pregnant incarcerated individual, that information and the reasons for the presence shall be reported to the department. (d) Availability of reports.--The nonidentifying data contained in the written reports submitted to the department shall be posted on the department's publicly accessible Internet website annually. No identifying information, such as names or dates of birth, shall be posted. (e) Failure to submit report.--If a correctional institution fails to submit a report under this section within 30 days after the end of the fiscal year, the department shall obtain a certification, to be created by the department from the correctional institution verifying that the correctional institution had zero instances of use of restraints, placement in restrictive housing or male staff presence, other than licensed medical professionals, during medical examinations or appointments of pregnant incarcerated individuals under the provisions of this section. (f) 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: "Correctional institution." As defined in section 5905(e)(relating to healthy birth for incarcerated women). "Postpartum." The eight-week period, or longer as determined by the health care professional responsible for the health and safety of the incarcerated individual or detainee, following childbirth. "Restraints." Any physical or mechanical device used to restrict or control the movement of an incarcerated individual's body, limbs or both. "Restrictive housing." Placement in an area or group of cells designated to house individuals assigned to disciplinary or administrative custody in which out-of-cell time is limited to less than two hours per day. "Staff." An individual who is employed or contracted by a correctional institution or the department. (July 2, 2010, P.L.275, No.45, eff. 60 days; Dec. 14, 2023, P.L.396, No.47, eff. 180 days; Oct. 29, 2024, P.L.1037, No.114, eff. imd.) 2024 Amendment. Act 114 amended subsecs. (a), (c), (d), (e) and (f). Section 8 of Act 114 provided that, with the exception of the amendment or addition of 61 Pa.C.S. § 1731(a)(2.1) and (b), Act 114 shall apply retroactively to June 11, 2024. Cross References. Section 1104 is referred to in sections 5905, 5905.1 of this title.

61 Pa.C.S. § 1105 Powers and duties of department.

(a) General rule.--The department shall have the power and its duty shall be: (1) To establish standards for county correctional institutions, including, but not limited to, standards for physical facilities and standards for correctional programs of treatment, education and rehabilitation of inmates. (2) To inspect county correctional institutions and to classify them in accordance with standards adopted under paragraph (1) as eligible to receive inmates sentenced to maximum terms of six months or more but less than five years. (b) Rules and regulations.--The department may prescribe, adopt, promulgate and enforce rules and regulations in order to administer the provisions of this section. (Oct. 27, 2010, P.L.931, No.95, eff. imd.) 2010 Amendment. Act 95 added section 1105, retroactive to November 9, 2009. See section 23 of Act 95 in the appendix to this title for special provisions relating to continuation of regulations adopted under prior law.

61 Pa.C.S. § 1106 Powers of peace officers.

A chief administrator, deputy superintendent or corrections officer of a State correctional facility may exercise the powers of a peace officer in the performance of that individual's duties generally in: (1) Guarding, protecting and delivering inmates. (2) Protecting the property of the department. (3) Capturing and returning inmates that may have escaped within the immediate area of a State correctional facility or mode of transport. For the purposes of this section, the immediate area of a State correctional facility or mode of transport shall encompass the curtilage up to and including one-half of one mile. (June 30, 2021, P.L.260, No.59, eff. imd.) 2021 Amendment. Act 59 added section 1106. See section 28 of Act 59 in the appendix to this title for special provisions relating to reference in law.

61 Pa.C.S. § 1151 General transfer authorization.

(a) Between State and county.--At the request of the chief administrator of a county correctional institution, the secretary or his designee may transfer inmates located in a county correctional institution to the State correctional institution system for such reasons and upon such terms and conditions as the secretary may determine. The secretary or his designee may transfer inmates in the State correctional institution system to the jurisdiction of a county correctional institution system upon such terms and conditions that the secretary or his designee and the chief administrator of the county correctional institution determine to be in the best interests of the Commonwealth. (b) Between counties.--An inmate located in a county correctional institution may be transferred to another county correctional institution upon such terms and conditions as the counties may determine. (c) Between Federal Government and the State or county.--The department and county correctional institutions may contract with the Federal Government for the housing of Federal inmates in correctional facilities. (d) Temporary transfers.--The following shall apply to temporary transfers: (1) The department shall temporarily transfer an inmate confined in the State correctional system to a State correctional institution determined by the department to be of an appropriate security level that is nearest to the location of the judicial proceeding. The department shall have the discretion to select an alternative and reasonably accessible State correctional institution if bed space limitations in the nearest State correctional institution prevent the temporary transfer to that institution. (2) The department shall not be required to temporarily transfer any inmate under this subsection unless all of the following apply: (i) A court order has been entered directing the presence of the inmate at a judicial proceeding. (ii) The court has found that the inmate's presence is required at the judicial proceeding. (iii) The Constitution of the United States or the Constitution of Pennsylvania does not permit the inmate's testimony or participation in the proceeding to be conducted by videoconferencing technology. (3) The department shall establish regulations for the implementation of this subsection in accordance with all of the following: (i) The regulations may require up to 14 days' notice prior to the entry of a temporary transfer order. (ii) The regulations may require return of an inmate to the inmate's home correctional institution upon completion of the judicial proceeding. (iii) The regulations may require that an inmate is to be removed from the State correctional institution by a government official authorized by the court directing the presence of the inmate for a judicial preceding be detained in the county prison if the inmate has been temporarily transferred more than twice in the preceding six months or the judicial proceeding is scheduled to last more than one week. (4) Pending implementation of the regulations required under paragraph (3), the department shall publish interim guidelines consistent with the provisions of paragraph (3). The provisions of this section shall be in full force and effect even if the department has not yet published interim guidelines or implemented the regulations required under this section. (5) The department may presume that the judicial proceedings have concluded when the inmate is returned to the temporary correctional institution after a judicial proceeding unless a court otherwise notifies the department in the manner required by the department. (6) The department may require a county to pay the reasonable cost of transportation between State correctional facilities if a court of that county has requested a temporary transfer under this section. The county reimbursements for transportation costs shall be automatically reappropriated to the department. (7) This section shall not be construed: (i) To prohibit the use of alternative transportation methods authorized by law. (ii) To authorize a court to designate a particular place of confinement or the length of confinement in the temporary correctional institution.

61 Pa.C.S. § 1152 Transfers to city department.

(a) Cities of the first class.--Every person sentenced by any court to a county correctional institution situate in a city of the first class shall be committed to the custody of the city department, where the city department has established a correctional, diagnostic and classification service for persons convicted of any crime. (b) Duty of city department.-- (1) Every person committed to the custody of the city department under subsection (a) shall be confined, diagnosed and classified by the city department. (2) Upon the completion of the diagnosis and classification, the person shall be placed in the county correctional institution of the city determined to be most appropriate for the service of sentence. (3) In making the determination under paragraph (2), the city department shall consider the problem of rehabilitation, security, adequacy of facilities and such other factors as, in its opinion, will serve to promote the rehabilitation of inmates, consistent with the security and protection of the county. (c) Intradepartmental transfers.--The city department may transfer between any correctional institutions under its control or supervision an inmate confined and serving in any of those institutions, whether the sentence is imposed before or after the effective date of this section, if the transfer is, in the opinion of the city department, consistent with the standards for original placement set forth in subsection (b).

61 Pa.C.S. § 1153 Expense of removing certain inmates.

The expenses of conveying inmates from the several counties of this Commonwealth to the State correctional institutions in the Eastern Region and Western Region shall be paid by the counties from which the inmates may be sent.

61 Pa.C.S. § 1154 Law enforcement use of county correctional institutions.

(a) General rule.--Sheriffs, constables, members of the Pennsylvania State Police and other persons authorized by the laws of this Commonwealth to make arrests shall have the use, for a period not to exceed 48 hours, of borough and township lockups and county correctional institutions for the detention of persons arrested until they can be disposed of according to law, if found necessary by the officer in charge. (b) Reimbursement.-- (1) Boroughs, cities and townships are entitled to receive compensation of not more than $2 per day of 24 hours, for each prisoner detained under subsection (a), from the treasury of the county having jurisdiction over the person detained. (2) This subsection does not apply to counties of the second class.

61 Pa.C.S. § 1161 Return of escaped inmates.

(a) General rule.--In all cases where an inmate, after an escape from a State correctional institution, is apprehended or arrested by any officer having authority to make such arrest, the officer shall notify the State correctional institution from which the escape was made. The State correctional institution shall notify the department or the Pennsylvania State Police, which shall immediately send an officer or officers to return the inmate to the State correctional institution. (b) Expenses.--All necessary expenses incurred by the officer or officers in returning an escaped inmate to the State correctional institution shall be borne by the State correctional institution from which the escape was made, which expenses shall be refunded to the county correctional institution or the Pennsylvania State Police whose officer or agent makes the return.

61 Pa.C.S. § 1162 Escaped inmate costs.

(a) County jurisdiction.-- (1) The cost of transporting an escaped inmate under the jurisdiction of the county from the place of capture to any county correctional institution after being sentenced for the escape or for the commission of any crime or offense following such escape and before apprehension, the cost of maintenance while confined in the county correctional institution awaiting trial, as well as the costs of the trial for the violation by an inmate under the jurisdiction of the county under 18 Pa.C.S. § 5121 (relating to escape) or of the trial for crimes and offenses committed after the escape and before apprehension or of the trial for crimes and offenses committed on the grounds or within the buildings of any county correctional institution, as well as the costs incurred in any proceedings on writs of habeas corpus, coram nobis or other petitions arising out of any escape or crime or the trials therefor, or in any appeals of any such proceedings or trials, shall, in each instance, be borne and paid by the respective counties of the Commonwealth from whose courts the inmates were originally committed to any county correctional institution. (2) The county liable for costs under this subsection shall, upon bills rendered by the county paying the costs in the first instance, pay to that county the amount of the costs. (b) State jurisdiction.--The cost of transporting escaped inmates under the jurisdiction of the Commonwealth from the place of capture to any State correctional institution after being sentenced for the escape, or for the commission of any criminal offense following the escape and before apprehension, as well as the costs of the trial for escape or breaking away of inmates from any State correctional institution or the violation by the inmates under the jurisdiction of the Commonwealth under 18 Pa.C.S. § 5121, or of the trial for crimes and offenses committed after such escape and before apprehension or of the trial for crimes and offenses committed on the grounds or within the buildings of any State correctional institution, as well as the costs incurred in any proceedings on writs of habeas corpus, coram nobis or other petitions arising out of any escape or criminal offense or the trials therefor, or in any appeals of any such proceedings or trials, shall, in each instance, be borne and paid by the Commonwealth. (c) Definition.--As used in this section, the term "costs" includes, but is not limited to, charges for court stenographer, district attorney, witness fees, magisterial district judge, clerk of court, public defender and court-appointed attorney.

61 Pa.C.S. § 1163 Maintenance of escaping inmates under new sentence.

(a) County jurisdiction.--In case of conviction and sentence of an escaping inmate under the jurisdiction of the county, the costs of maintenance of the inmates under such new sentence shall be borne by the county from which the inmate was originally committed. (b) State jurisdiction.--In case of conviction and sentence of an escaping inmate under the jurisdiction of the Commonwealth, the costs of maintenance of the inmate under such new sentence shall be borne by the Commonwealth. (c) Additional police expenses.--Any additional police expenses incurred by a political subdivision as a result of the escape of an inmate under the jurisdiction of the Commonwealth shall be borne by the Commonwealth.

61 Pa.C.S. § 1164 Criminal offense during confinement.

Where an inmate is in a State correctional institution either because of the inmate's sentence pursuant to the inmate's conviction or plea of guilty to a criminal charge or because of a commitment issued by any court of the Commonwealth having jurisdiction and, while so confined, the inmate commits a criminal offense and is subsequently convicted or enters a plea of guilty, the expenses of keeping the inmate in any State correctional institution pursuant to such subsequent conviction or plea of guilty shall be borne by the Commonwealth.

61 Pa.C.S. § 1171 Scope of subchapter.

This subchapter relates to correctional facility drug redistribution.

61 Pa.C.S. § 1172 Definitions.

The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Correctional facility." A correctional institution, group home, community corrections center, parole center or any facility that houses a person convicted of a criminal offense, or awaiting trial, sentencing or extradition in a criminal proceeding. The term does not include any facility or institution operated, supervised or licensed under the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code. "Designated personnel." Correctional facility employees or employees of a vendor for a correctional facility licensed by the State Board of Medicine, State Board of Osteopathic Medicine, State Board of Nursing or State Board of Pharmacy and authorized by their scope of practice to administer drugs. "Drug." Any medication prescribed by a licensed practitioner, either patient specific or stock, to a patient in a correctional facility. "Manufacturer." A company that produces a drug or a Federal Drug Administration certified repacker who packages or repackages a drug product for distribution. "Manufacturer identifier." A manufacturer's name or product National Drug Code number. "Unit dose package." An individually sealed package that contains a single dose drug with the drug name, strength, manufacturer identifier, lot number and expiration date of the drug on the package. "Unit of issue package." A package that includes multiple unit dose packages of the same drug. "Vendor pharmacy." A licensed pharmacy that packages, repackages or prepares a manufacturer-sealed container, unit dose package or unit of issue package for delivery to a correctional facility. (July 5, 2012, P.L.1050, No.122, eff. July 1, 2013) 2012 Amendment. Act 122 amended the def. of "correctional facility." References in Text. The short title of the act of June 13, 1967 (P.L.31, No.21), known as the "Public Welfare Code," referred to in the def. of "correctional facility," was amended by the act of December 28, 2015 (P.L.500, No.92). The amended short title is now the Human Services Code.

61 Pa.C.S. § 1173 Return to and redispensing by vendor pharmacy.

A drug that is issued to a correctional facility and has left the control of a pharmacist at a vendor pharmacy may be returned to its vendor pharmacy for the purpose of redispensing that drug to fill other prescriptions for other correctional facilities only if the following requirements are met: (1) The drug is not a Schedule I, II, III, IV or V controlled substance as specified in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act. (2) The drug is returned to its vendor pharmacy in accordance with the vendor pharmacy's written policies and procedures that comply with section 1174 (relating to vendor pharmacy redispensing) and the State Board of Pharmacy's rules and regulations in regard to delivery, storage, labeling and reissuing of the drug. (3) The drug is returned to the vendor pharmacy unopened and still sealed in the unit dose package, unit of issue package, bottle or manufacturer's package. (4) Each returned unit dose package, unit of issue package, bottle or manufacturer's package retains the drug name, strength, manufacturer identifier, lot and expiration date as originally labeled by the pharmacy or manufacturer. (5) The drug issued to the facility was at no time in the possession or control of a patient. (6) The drug remained in a controlled environment of a secured drug room or secured drug cart under the supervision of designated personnel who are responsible for the drugs in that correctional facility. (7) The drug has no fewer than 90 days before its expiration date. (8) A pharmacist at the vendor pharmacy determines by visual inspection that the returned products are not adulterated or misbranded. (9) A pharmacist at the vendor pharmacy using the pharmacist's professional judgment determines that: (i) The conditions under which the drug has been delivered, stored and handled before and during its return to the pharmacy have preserved proper integrity, stability and labeling of the drug. (ii) The drug labeling or packaging has not been altered or defaced. (iii) The drug name, strength, manufacturer identifier, lot and expiration date are retrievable. Cross References. Section 1173 is referred to in sections 1174, 1176 of this title.

61 Pa.C.S. § 1174 Vendor pharmacy redispensing.

The vendor pharmacy to which drug products are returned may redispense a drug properly returned under section 1173 (relating to return to and redispensing by vendor pharmacy), provided that: (1) The drugs are returned directly from the correctional facility to the vendor pharmacy. (2) The drugs returned to the vendor pharmacy are stored separately from the rest of the pharmacy's stock. (3) The redispensing is in compliance with the United States Pharmacopeia and the vendor pharmacy's policies and procedures. (4) The vendor pharmacy records receipt of the drug, including: (i) The date the drug was received. (ii) The quantity of the drug. (iii) The lot number of the drug. (iv) The expiration date of the drug. (5) Information recorded under this section is maintained for at least two years from the date the drug is redispensed. (6) The unit dose package, unit of issue or originally sealed container stays intact with drug name, strength, manufacturer identifier, lot and expiration date and is not emptied from the returned unit dose, unit of issue or original container for repacking. (7) The name of any patient for whom the drug was previously prescribed is removed prior to redispensing. (8) The drug remains in the original container or package and before redispensing the vendor pharmacy ensures that the label meets the requirements of the State Board of Pharmacy's rules and regulations. Cross References. Section 1174 is referred to in section 1173 of this title.

61 Pa.C.S. § 1175 Credit for redispensing.

The vendor pharmacy to which drug products are returned shall credit the correctional facility for the unused drugs that are permitted to be restocked for redispensing at a rate determined by the vendor pharmacy and the correctional facility.

61 Pa.C.S. § 1176 Disposal of unacceptable returned drugs.

Returned drugs that do not meet all the requirements of section 1173 (relating to return to and redispensing by vendor pharmacy) shall be deemed unacceptable for redispensing and processed for disposal. Drugs deemed unacceptable for redispensing shall be sent to a destruction agency, reverse distributor, manufacturer, original wholesaler or other approved entity.

61 Pa.C.S. § 1177 Unprofessional conduct.

(1) A pharmacist who is authorized under this subchapter to redispense a drug and who properly relabels and repackages the drug shall not be deemed to have engaged in unprofessional conduct under section 5 of the act of September 27, 1961 (P.L.1700, No.699), known as the Pharmacy Act. (2) A pharmacist who fails to comply with the provisions of this subchapter may be subject to discipline under the Pharmacy Act. (3) A pharmacy that fails to comply with the provisions of this subchapter may be subject to discipline under the Pharmacy Act.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=61Fetched: 10/16/2026