Wednesday Legislation
Rep. Melissa Cerrato October 12, 2023 | 3:47 PM
House Bill 1258 Amends the Public-School Code by ADDING Section 1525.1. Calculation of Average Daily
Membership for a Dual Credit Course:
• Notwithstanding 22 Pa. Code § 11.5, allows each high school student who is enrolled in a
dual credit course through an agreement entered into under Section 1525 to be included in
the school entity's average daily membership.
• Requires PDE by September 1 of each school year, to issue a report on the data compiled to
the chairs of the House and Senate Appropriations and Education Committees.
• Adds a sunset date of June 30, 2025.
House Bill 1540 amends the Public School Code of 1949 to change the annual reporting date from May 1st
to December 31st that the Commission for Agricultural Education Excellence shall submit a report to
the Governor and the General Assembly on the status of agricultural education in this
Commonwealth.
Changes to address how vacancies for expirations of Commission appointments are filled, term
appointments, outlines ex officio voting members and provides that if there is a vacancy in
membership of the commission the process to fill the remainder of the unexpired term shall provide
for the Secretary of Education and the Secretary of Agriculture to jointly appoint a member to fill the
vacancy and a member appointed to fill a vacancy shall be nominated by the President pro tempore
of the Senate in consultation with the Minority Leader of the Senate or by the Speaker of the House
of Representatives in consultation with the Minority Leader of the House of Representatives.
House Bill 1661 amends Act 64 of 1972 The Controlled Substance, Drug, Device and Cosmetic Act to
criminalize illicit possession of xylazine, with an exemption for licit veterinary use, and not make it a
Schedule III controlled substance due to the risk that it will cease to be available in Pennsylvania for
veterinarians to access. Definitions include:
"Licit use of xylazine"
(1) Dispensing or prescribing for, or administrating to, a nonhuman species of a drug
containing xylazine that:
(i) has been approved by the Secretary of Health and Human Services under 21 U.S.C. §
360b (relating to new animal drugs); or
(ii) is authorized under 21 U.S.C. § 360b(a)(4)).
(2) The manufacturing, distribution or use of xylazine as an active pharmaceutical
ingredient for manufacturing an animal drug approved under 21 U.S.C. 360b or an animal
drug that has been issued an investigation use exemption under 21 U.S.C. § 360b(j).
(3) The manufacturing, distribution or use of a xylazine bulk chemical for pharmaceutical
compounding by a licensed pharmacist or veterinarians.
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(4) Any other use approved or authorized under 21 U.S.C. Ch. 9 (relating to Federal Food,
Drug, and Cosmetic Act).
The definition for "Xylazine" has been included to mean the substances, including the salts,
isomers and salts of isomers of the substances when the existence of the salts, isomers and salts of
isomers is possible within the specific chemical designation of Xylazine and any compound mixture
or preparation which contains any quantity of the substances specified under this definition.
Prohibited Acts and Penalties of any controlled substance or xylazine, except for the licit use of
xylazine all remain the same under current law and include:
• The acquisition or obtaining of possession by misrepresentation, fraud, forgery, deception or
subterfuge.
• The administration, dispensing, delivery, gift or prescription by any practitioner or
professional assistant under the practitioner's direction and supervision unless done (i) in
good faith in the course of his professional practice; (ii) within the scope of the patient
relationship; (iii) in accordance with treatment principles accepted by a responsible segment
of the medical profession.
• Knowingly or intentionally possessing by a person not registered under this act, or a
practitioner not registered or licensed by the appropriate State board, unless the substance
was obtained directly from, or pursuant to, a valid prescription order or order of a
practitioner, or except as otherwise authorized by this act.
• Except as authorized by this act, the manufacture, delivery, or possession with intent to
manufacture or deliver by a person not registered under this act, or a practitioner not
registered or licensed by the appropriate State board, or knowingly creating, delivering or
possessing with intent to deliver, a counterfeit controlled substance.
• The use, possession delivery or intent to use, possess or deliver drug paraphernalia for the
purpose of planting, propagating, cultivating, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing, analyzing, packing,
repacking, storing, containing, concealing, injecting, ingesting, inhaling or otherwise
introducing into the human body.
HB1661 also provides for secure storage of Xylazine ensuring that a veterinarian shall comply with
provisions of the "Pharmacy Act" (Act 699 of 1961) for the storage and protection of xylazine
Felony convictions remain the same as current law and a person who violates any other controlled
substance or counterfeit substance classified in Schedule I, II, or III, or xylazine, except for the licit
use of xylazine, is subject to fines and jail time upon conviction.
Senate Bill 141 amends Title 51 (Military Affairs), Section 3701 (Decorations, Medals, Badges and
Awards) of the Pennsylvania Consolidated Statutes to expand eligibility for the Pennsylvania
Distinguished Service Medal and the Pennsylvania Meritorious Service Medal to civilians and
members of the military of a friendly foreign nation.