Bill Text: IA SF484 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to pharmacy regulation, including alternate board of pharmacy members, drug disposal program funding, an impaired professionals program, and pharmacy internet sites. (Formerly SSB 1074.) Effective 7-1-17.
Spectrum: Committee Bill
Status: (Passed) 2017-04-21 - Signed by Governor. S.J. 1126. [SF484 Detail]
Download: Iowa-2017-SF484-Enrolled.html
Senate File 484 - Enrolled
SENATE FILE
BY COMMITTEE ON HUMAN
RESOURCES
(SUCCESSOR TO SSB
1074)
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A BILL FOR
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Senate File 484
AN ACT
RELATING TO PHARMACY REGULATION, INCLUDING ALTERNATE
BOARD OF PHARMACY MEMBERS, DRUG DISPOSAL PROGRAM FUNDING, AN
IMPAIRED PROFESSIONALS PROGRAM, AND PHARMACY INTERNET SITES.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 155A.2A Board of pharmacy ==
alternate members.
1. Notwithstanding sections 17A.11, 69.16, 69.16A, 147.12,
147.14, and 147.19, the board may have a pool of up to seven
alternate members, including members licensed to practice under
this chapter and members not licensed to practice under this
chapter, to substitute for board members who are disqualified
or become unavailable for any reason for contested case
hearings.
a. The board may recommend, subject to approval by the
governor, up to seven people to serve in a pool of alternate
members.
b. A person serves in the pool of alternate members at
the discretion of the board; however, the length of time an
alternate member may serve in the pool shall not exceed nine
years. A person who serves as an alternate member may later be
appointed to the board and may serve nine years, in accordance
with sections 147.12 and 147.19. A former board member may
serve in the pool of alternate members.
c. An alternate member licensed under this chapter shall
hold an active license and shall have been actively engaged in
the practice of pharmacy in the preceding three years, with the
two most recent years of practice being in Iowa.
d. When a sufficient number of board members are unavailable
to hear a contested case, the board may request alternate
members to serve.
e. Notwithstanding section 17A.11, section 147.14,
subsection 2, and section 272C.6, subsection 5:
(1) An alternate member is deemed a member of the board only
for the hearing panel for which the alternate member serves.
(2) A hearing panel containing alternate members must
include at least five people.
(3) The majority of a hearing panel containing alternate
members shall be members of the board.
(4) The majority of a hearing panel containing alternate
members shall be licensed to practice under this chapter.
(5) A decision of a hearing panel containing alternate
members is considered a final decision of the board.
f. An alternate member shall not receive compensation in
excess of that authorized by law for a board member.
Sec. 2. Section 155A.3, subsection 36, Code 2017, is amended
to read as follows:
36. "Practitioner" means a physician, dentist, podiatric
physician, prescribing psychologist, veterinarian, optometrist,
physician assistant, advanced registered nurse practitioner, or
other person licensed or registered to prescribe, distribute,
or dispense a prescription drug or device in the course of
professional practice in this state or a person licensed by
another state in a health field in which, under Iowa law,
licensees in this state may legally prescribe drugs.
Sec. 3. Section 155A.39, Code 2017, is amended to read as
follows:
155A.39 Programs Program to aid monitor impaired pharmacists,
pharmacist=interns, or pharmacy technicians == reporting,
confidentiality, immunity, and funding.
1. A person or pharmaceutical peer review committee may
report relevant facts to the board relating to the acts of
a pharmacist in this state, a pharmacist=intern as defined
in section 155A.3, subsection 31, or a pharmacy technician
in this state if the person or peer review committee has
knowledge relating to the pharmacist, pharmacist=intern, or
pharmacy technician which, in the opinion of the person or
pharmaceutical peer review committee, might impair competency
due to chemical abuse, chemical dependence, or mental or
physical illness, or which might endanger the public health
and safety, or which provide grounds for disciplinary action
as specified in this chapter and in the rules of the board.
The board may establish a review committee and may implement a
program to monitor impaired pharmacists, pharmacist=interns,
and pharmacy technicians pursuant to section 272C.3, subsection
1, paragraph "k".
2. A committee of a professional pharmaceutical
organization, its staff, or a district or local intervenor
participating in a program established to aid pharmacists,
pharmacist=interns, or pharmacy technicians impaired by
chemical abuse, chemical dependence, or mental or physical
illness may report in writing to the board the name of the
impaired pharmacist, pharmacist=intern, or pharmacy technician
together with pertinent information relating to the impairment.
The board may report to a committee of a professional
pharmaceutical organization or the organization's designated
staff information which the board receives with regard to a
pharmacist, pharmacist=intern, or pharmacy technician who may
be impaired by chemical abuse, chemical dependence, or mental
or physical illness.
3. Upon determination by the board that a report submitted
by a peer review committee or a professional pharmaceutical
organization committee is without merit, the report shall
be expunged from the pharmacist's, pharmacist=intern's, or
pharmacy technician's individual record in the board's office.
A pharmacist, pharmacist=intern, pharmacy technician, or an
authorized representative of the pharmacist, pharmacist=intern,
or pharmacy technician shall be entitled on request to examine
the peer review committee report or the pharmaceutical
organization committee report submitted to the board and to
place into the record a statement of reasonable length of the
pharmacist's, pharmacist=intern's, or pharmacy technician's
view with respect to any information existing in the report.
4. Notwithstanding other provisions of the Code, the
records and proceedings of the board, its authorized agents,
a peer review committee, or a pharmaceutical organization
committee as set out in subsections 1 and 2 shall be privileged
and confidential and shall not be considered public records or
open records unless the affected pharmacist, pharmacist=intern,
or pharmacy technician so requests and shall not be subject
to a subpoena or to a discovery proceeding. The board may
disclose the records and proceedings only as follows:
a. In a criminal proceeding.
b. In a disciplinary hearing before the board or in a
subsequent trial or appeal of a board action or order.
c. To the pharmacist licensing or disciplinary authorities
of other jurisdictions.
d. To the pharmacy technician registering, licensing, or
disciplinary authorities of other jurisdictions.
e. Pursuant to an order of a court of competent
jurisdiction.
f. Pursuant to subsection 11.
g. As otherwise provided by law.
5. 2. An employee or a member of the board, a peer
review committee member, a professional pharmaceutical
organization committee member, a professional pharmaceutical
organization district or local intervenor, or any other person
who furnishes information, data, reports, or records in good
faith for the purpose of aiding the an impaired pharmacist,
pharmacist=intern, or pharmacy technician, shall be immune from
civil liability. This immunity from civil liability shall be
liberally construed to accomplish the purpose of this section
and is in addition to other immunity provided by law.
6. 3. An employee or member of the board or a review
committee or intervenor program member is presumed to have
acted in good faith. A person alleging a lack of good faith has
the burden of proof on that issue.
7. The board may contract with professional pharmaceutical
associations or societies to provide a program for pharmacists,
pharmacist=interns, and pharmacy technicians who are impaired
by chemical abuse, chemical dependence, or mental or physical
illness. Such programs shall include, but not be limited to,
education, intervention, and posttreatment monitoring. A
contract with a professional pharmaceutical association or
society shall include the following requirements:
a. Periodic reports to the board regarding education,
intervention, and treatment activities.
b. Immediate notification to the board's executive secretary
or director or the executive secretary's or director's designee
of the identity of the pharmacist, pharmacist=intern, or
pharmacy technician who is participating in a program to
aid impaired pharmacists, pharmacist=interns, or pharmacy
technicians.
c. Release to the board's executive secretary or director or
the executive secretary's or director's designee upon written
request of all treatment records of a participant.
d. Quarterly reports to the board, by case number, regarding
each participant's diagnosis, prognosis, and recommendations
for continuing care, treatment, and supervision which maintain
the anonymity of the participant.
e. Immediate reporting to the board of the name of
an impaired pharmacist, pharmacist=intern, or pharmacy
technician who the treatment organization believes to be an
imminent danger to either the public or to the pharmacist,
pharmacist=intern, or pharmacy technician.
f. Reporting to the board, as soon as possible, the name
of a participant who refuses to cooperate with the program,
who refuses to submit to treatment, or whose impairment is not
substantially alleviated through intervention and treatment.
g. Immediate reporting to the board of the name of a
participant where additional information is evident that known
distribution of controlled substances or legend drugs to other
individuals has taken place.
8. 4. The board may add a surcharge of not more than ten
percent of the applicable fee to a pharmacist license fee,
pharmacist license renewal fee, pharmacist=intern registration
fee, pharmacy technician registration fee, or pharmacy
technician registration renewal fee authorized under this
chapter to fund programs a program to aid monitor impaired
pharmacists, pharmacist=interns, or pharmacy technicians.
9. 5. The board may accept, transfer, and expend funds
made available by the federal or state government or by another
public or private source to be used in programs a program
authorized by this section. The board may contract to provide
funding on an annual basis to a professional pharmaceutical
association or society for expenses incurred in management
and operation of a program to aid impaired pharmacists,
pharmacist=interns, or pharmacy technicians. Documentation of
the use of these funds shall be provided to the board not less
than annually for review and comment.
10. 6. Funds and surcharges collected under this section
shall be deposited in an account and may be used by the
board to administer programs a program authorized by this
section, including the provision of education, intervention,
and posttreatment monitoring to an impaired pharmacist,
pharmacist=intern, or pharmacy technician and to pay the
administrative costs incurred by the board in connection with
that funding and appropriate oversight, but shall not be used
for costs incurred for a participant's initial evaluation,
referral services, treatment, or rehabilitation subsequent to
intervention.
11. 7. The board may disclose that the license of a
pharmacist, the registration of a pharmacist=intern, or the
registration of a pharmacy technician who is the subject of an
order of the board that is confidential pursuant to subsection
4 section 272C.6 is suspended, revoked, canceled, restricted,
or retired; or that the pharmacist, pharmacist=intern, or
pharmacy technician is in any manner otherwise limited in the
practice of pharmacy; or other relevant information pertaining
to the pharmacist, pharmacist=intern, or pharmacy technician
which the board deems appropriate.
12. 8. The board may adopt rules necessary for the
implementation of this section.
Sec. 4. Section 155A.43, Code 2017, is amended to read as
follows:
155A.43 Pharmaceutical collection and disposal program ==
annual allocation.
Of the fees collected by the board pursuant to sections
124.301 and 147.80 and this chapter 155A by the board of
pharmacy, and retained by the board pursuant to section 147.82,
not more than one hundred seventy=five thousand dollars may
be allocated the board may annually allocate a sum deemed by
the board to be adequate for administering the pharmaceutical
collection and disposal program originally established
pursuant to 2009 Iowa Acts, ch. 175, {9. The program shall
provide for the management and disposal of unused, excess,
and expired pharmaceuticals, including the management and
disposal of controlled substances pursuant to state and federal
regulations. The board of pharmacy may cooperate contract
with the Iowa pharmacy association and may consult with the
department and sanitary landfill operators in administering one
or more vendors for the provision of supplies and services to
manage and maintain the program and to safely and appropriately
dispose of pharmaceuticals collected through the program.
Sec. 5. REPEAL. Section 155A.13B, Code 2017, is repealed.
JACK WHITVER
LINDA UPMEYER
W. CHARLES SMITH
TERRY E. BRANSTA
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