Bill Text: IA SF484 | 2017-2018 | 87th General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
Senate File 484 - Introduced SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1074) A BILL FOR 1 An Act relating to pharmacy regulation, including alternate 2 board of pharmacy members, drug disposal program funding, an 3 impaired professionals program, and pharmacy internet sites. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1246SV (1) 87 tr/nh/rh PAG LIN 1 1 Section 1. NEW SECTION. 155A.2A Board of pharmacy == 1 2 alternate members. 1 3 1. Notwithstanding sections 17A.11, 69.16, 69.16A, 147.12, 1 4 147.14, and 147.19, the board may have a pool of up to seven 1 5 alternate members, including members licensed to practice under 1 6 this chapter and members not licensed to practice under this 1 7 chapter, to substitute for board members who are disqualified 1 8 or become unavailable for any reason for contested case 1 9 hearings. 1 10 a. The board may recommend, subject to approval by the 1 11 governor, up to seven people to serve in a pool of alternate 1 12 members. 1 13 b. A person serves in the pool of alternate members at 1 14 the discretion of the board; however, the length of time an 1 15 alternate member may serve in the pool shall not exceed nine 1 16 years. A person who serves as an alternate member may later be 1 17 appointed to the board and may serve nine years, in accordance 1 18 with sections 147.12 and 147.19. A former board member may 1 19 serve in the pool of alternate members. 1 20 c. An alternate member licensed under this chapter shall 1 21 hold an active license and shall have been actively engaged in 1 22 the practice of pharmacy in the preceding three years, with the 1 23 two most recent years of practice being in Iowa. 1 24 d. When a sufficient number of board members are unavailable 1 25 to hear a contested case, the board may request alternate 1 26 members to serve. 1 27 e. Notwithstanding section 17A.11, section 147.14, 1 28 subsection 2, and section 272C.6, subsection 5: 1 29 (1) An alternate member is deemed a member of the board only 1 30 for the hearing panel for which the alternate member serves. 1 31 (2) A hearing panel containing alternate members must 1 32 include at least five people. 1 33 (3) The majority of a hearing panel containing alternate 1 34 members shall be members of the board. 1 35 (4) The majority of a hearing panel containing alternate 2 1 members shall be licensed to practice under this chapter. 2 2 (5) A decision of a hearing panel containing alternate 2 3 members is considered a final decision of the board. 2 4 f. An alternate member shall not receive compensation in 2 5 excess of that authorized by law for a board member. 2 6 Sec. 2. Section 155A.3, subsection 36, Code 2017, is amended 2 7 to read as follows: 2 8 36. "Practitioner" means a physician, dentist, podiatric 2 9 physician, prescribing psychologist, veterinarian, optometrist, 2 10 physician assistant, advanced registered nurse practitioner, or 2 11 other person licensed or registered to prescribe, distribute, 2 12 or dispense a prescription drug or device in the course of 2 13 professional practice in this state or a person licensed by 2 14 another state in a health field in which, under Iowa law, 2 15 licensees in this state may legally prescribe drugs. 2 16 Sec. 3. Section 155A.39, Code 2017, is amended to read as 2 17 follows: 2 18 155A.39ProgramsProgram toaidmonitor impaired pharmacists, 2 19 pharmacist=interns, or pharmacy technicians ==reporting, 2 20 confidentiality,immunity,and funding. 2 21 1.A person or pharmaceutical peer review committee may 2 22 report relevant facts to the board relating to the acts of 2 23 a pharmacist in this state, a pharmacist=intern as defined 2 24 in section 155A.3, subsection 31, or a pharmacy technician 2 25 in this state if the person or peer review committee has 2 26 knowledge relating to the pharmacist, pharmacist=intern, or 2 27 pharmacy technician which, in the opinion of the person or 2 28 pharmaceutical peer review committee, might impair competency 2 29 due to chemical abuse, chemical dependence, or mental or 2 30 physical illness, or which might endanger the public health 2 31 and safety, or which provide grounds for disciplinary action 2 32 as specified in this chapter and in the rules of the board. 2 33The board may establish a review committee and may implement a 2 34 program to monitor impaired pharmacists, pharmacist=interns, 2 35 and pharmacy technicians pursuant to section 272C.3, subsection 3 1 1, paragraph "k". 3 22. A committee of a professional pharmaceutical 3 3 organization, its staff, or a district or local intervenor 3 4 participating in a program established to aid pharmacists, 3 5 pharmacist=interns, or pharmacy technicians impaired by 3 6 chemical abuse, chemical dependence, or mental or physical 3 7 illness may report in writing to the board the name of the 3 8 impaired pharmacist, pharmacist=intern, or pharmacy technician 3 9 together with pertinent information relating to the impairment. 3 10 The board may report to a committee of a professional 3 11 pharmaceutical organization or the organization's designated 3 12 staff information which the board receives with regard to a 3 13 pharmacist, pharmacist=intern, or pharmacy technician who may 3 14 be impaired by chemical abuse, chemical dependence, or mental 3 15 or physical illness.3 163. Upon determination by the board that a report submitted 3 17 by a peer review committee or a professional pharmaceutical 3 18 organization committee is without merit, the report shall 3 19 be expunged from the pharmacist's, pharmacist=intern's, or 3 20 pharmacy technician's individual record in the board's office. 3 21 A pharmacist, pharmacist=intern, pharmacy technician, or an 3 22 authorized representative of the pharmacist, pharmacist=intern, 3 23 or pharmacy technician shall be entitled on request to examine 3 24 the peer review committee report or the pharmaceutical 3 25 organization committee report submitted to the board and to 3 26 place into the record a statement of reasonable length of the 3 27 pharmacist's, pharmacist=intern's, or pharmacy technician's 3 28 view with respect to any information existing in the report.3 294. Notwithstanding other provisions of the Code, the 3 30 records and proceedings of the board, its authorized agents, 3 31 a peer review committee, or a pharmaceutical organization 3 32 committee as set out in subsections 1 and 2 shall be privileged 3 33 and confidential and shall not be considered public records or 3 34 open records unless the affected pharmacist, pharmacist=intern, 3 35 or pharmacy technician so requests and shall not be subject 4 1 to a subpoena or to a discovery proceeding. The board may 4 2 disclose the records and proceedings only as follows:4 3a. In a criminal proceeding.4 4b. In a disciplinary hearing before the board or in a 4 5 subsequent trial or appeal of a board action or order.4 6c. To the pharmacist licensing or disciplinary authorities 4 7 of other jurisdictions.4 8d. To the pharmacy technician registering, licensing, or 4 9 disciplinary authorities of other jurisdictions.4 10e. Pursuant to an order of a court of competent 4 11 jurisdiction.4 12f. Pursuant to subsection 11.4 13g. As otherwise provided by law.4 145.2. An employee or a member of the board, apeer4 15 review committee member,a professional pharmaceutical 4 16 organization committee member, a professional pharmaceutical 4 17 organization district or local intervenor,or any other person 4 18 who furnishes information, data, reports, or records in good 4 19 faith for the purpose of aidingthean impaired pharmacist, 4 20 pharmacist=intern, or pharmacy technician, shall be immune from 4 21 civil liability. This immunity from civil liability shall be 4 22 liberally construed to accomplish the purpose of this section 4 23 and is in addition to other immunity provided by law. 4 246.3. An employee or member of the board or a review 4 25 committeeor intervenor programmember is presumed to have 4 26 acted in good faith. A person alleging a lack of good faith has 4 27 the burden of proof on that issue. 4 287. The board may contract with professional pharmaceutical 4 29 associations or societies to provide a program for pharmacists, 4 30 pharmacist=interns, and pharmacy technicians who are impaired 4 31 by chemical abuse, chemical dependence, or mental or physical 4 32 illness. Such programs shall include, but not be limited to, 4 33 education, intervention, and posttreatment monitoring. A 4 34 contract with a professional pharmaceutical association or 4 35 society shall include the following requirements:5 1a. Periodic reports to the board regarding education, 5 2 intervention, and treatment activities.5 3b. Immediate notification to the board's executive secretary 5 4 or director or the executive secretary's or director's designee 5 5 of the identity of the pharmacist, pharmacist=intern, or 5 6 pharmacy technician who is participating in a program to 5 7 aid impaired pharmacists, pharmacist=interns, or pharmacy 5 8 technicians.5 9c. Release to the board's executive secretary or director or 5 10 the executive secretary's or director's designee upon written 5 11 request of all treatment records of a participant.5 12d. Quarterly reports to the board, by case number, regarding 5 13 each participant's diagnosis, prognosis, and recommendations 5 14 for continuing care, treatment, and supervision which maintain 5 15 the anonymity of the participant.5 16e. Immediate reporting to the board of the name of 5 17 an impaired pharmacist, pharmacist=intern, or pharmacy 5 18 technician who the treatment organization believes to be an 5 19 imminent danger to either the public or to the pharmacist, 5 20 pharmacist=intern, or pharmacy technician.5 21f. Reporting to the board, as soon as possible, the name 5 22 of a participant who refuses to cooperate with the program, 5 23 who refuses to submit to treatment, or whose impairment is not 5 24 substantially alleviated through intervention and treatment.5 25g. Immediate reporting to the board of the name of a 5 26 participant where additional information is evident that known 5 27 distribution of controlled substances or legend drugs to other 5 28 individuals has taken place.5 298.4. The board may add a surcharge of not more than ten 5 30 percent of the applicable fee to a pharmacist license fee, 5 31 pharmacist license renewal fee, pharmacist=intern registration 5 32 fee, pharmacy technician registration fee, or pharmacy 5 33 technician registration renewal fee authorized under this 5 34 chapter to fundprogramsa program toaidmonitor impaired 5 35 pharmacists, pharmacist=interns, or pharmacy technicians. 6 19.5. The board may accept, transfer, and expend funds 6 2 made available by the federal or state government or by another 6 3 public or private source to be used inprogramsa program 6 4 authorized by this section.The board may contract to provide 6 5 funding on an annual basis to a professional pharmaceutical 6 6 association or society for expenses incurred in management 6 7 and operation of a program to aid impaired pharmacists, 6 8 pharmacist=interns, or pharmacy technicians. Documentation of 6 9 the use of these funds shall be provided to the board not less 6 10 than annually for review and comment.6 1110.6. Funds and surcharges collected under this section 6 12 shall be deposited in an account and may be used by the 6 13 board to administerprogramsa program authorized by this 6 14 section,including the provision of education, intervention, 6 15 and posttreatment monitoring to an impaired pharmacist, 6 16 pharmacist=intern, or pharmacy technician and to pay the 6 17 administrative costs incurred by the board in connection with 6 18 that funding and appropriate oversight,but shall not be used 6 19 for costs incurred for a participant's initial evaluation, 6 20 referral services, treatment, or rehabilitation subsequent to 6 21 intervention. 6 2211.7. The board may disclose that the license of a 6 23 pharmacist, the registration of a pharmacist=intern, or the 6 24 registration of a pharmacy technician who is the subject of an 6 25 order of the board that is confidential pursuant tosubsection 6 26 4section 272C.6 is suspended, revoked, canceled, restricted, 6 27 or retired; or that the pharmacist, pharmacist=intern, or 6 28 pharmacy technician is in any manner otherwise limited in the 6 29 practice of pharmacy; or other relevant information pertaining 6 30 to the pharmacist, pharmacist=intern, or pharmacy technician 6 31 which the board deems appropriate. 6 3212.8. The board may adopt rules necessary for the 6 33 implementation of this section. 6 34 Sec. 4. Section 155A.43, Code 2017, is amended to read as 6 35 follows: 7 1 155A.43 Pharmaceutical collection and disposal program == 7 2 annual allocation. 7 3 Of the fees collected by the board pursuant to sections 7 4 124.301 and 147.80 and this chapter155Aby the board of 7 5 pharmacy, and retained by the board pursuant to section 147.82, 7 6not more than one hundred seventy=five thousand dollars may 7 7 be allocatedthe board may annually allocate a sum deemed by 7 8 the board to be adequate for administering the pharmaceutical 7 9 collection and disposal programoriginally established 7 10 pursuant to 2009 Iowa Acts, ch. 175, {9. The program shall 7 11 provide for the management and disposal of unused, excess, 7 12 and expired pharmaceuticals, including the management and 7 13 disposal of controlled substances pursuant to state and federal 7 14 regulations. The boardof pharmacymaycooperatecontract 7 15 withthe Iowa pharmacy association and may consult with the 7 16 department and sanitary landfill operators in administeringone 7 17 or more vendors for the provision of supplies and services to 7 18 manage and maintain the program and to safely and appropriately 7 19 dispose of pharmaceuticals collected through the program. 7 20 Sec. 5. REPEAL. Section 155A.13B, Code 2017, is repealed. 7 21 EXPLANATION 7 22 The inclusion of this explanation does not constitute agreement with 7 23 the explanation's substance by the members of the general assembly. 7 24 This bill permits the board of pharmacy ("board") to 7 25 recommend, subject to approval by the governor, a pool of up to 7 26 seven qualified individuals to serve as alternate board members 7 27 to ensure the availability of a quorum of board members to 7 28 hear a contested case. The bill identifies the maximum term 7 29 for an alternate board member, provides that an individual 7 30 who previously served on the board may serve as an alternate 7 31 board member, provides for compensation when the alternate 7 32 member serves on a hearing panel, establishes requirements 7 33 for the composition of a hearing panel containing alternate 7 34 board members, and provides that the decision of a hearing 7 35 panel containing alternate board members is considered a final 8 1 decision of the board. 8 2 The bill amends the definition of "practitioner" to 8 3 identify the licensed health care practitioners that are 8 4 authorized under Iowa law to prescribe, distribute, or dispense 8 5 prescription drugs and devices to patients in the course of 8 6 professional practice in this state. 8 7 The bill amends provisions regarding the program to 8 8 aid impaired pharmacists, pharmacist=interns, or pharmacy 8 9 technicians by eliminating specific provisions relating to 8 10 reporting and establishment of the program and directing 8 11 that the program be implemented pursuant to Code section 8 12 272C.3(1)(k), relating generally to the authority of licensing 8 13 boards to establish licensee review committees. The bill 8 14 identifies the limited information that may be disclosed 8 15 regarding the license or registration of any individual subject 8 16 to monitoring under the program and authorizes the board to 8 17 adopt rules to implement the Code section. 8 18 The bill amends provisions relating to the pharmaceutical 8 19 collection and disposal program to authorize the board to 8 20 allocate a sum from fees retained by the board to support 8 21 board activities that the board has determined to be adequate 8 22 for administering the pharmaceutical collection and disposal 8 23 program. The bill authorizes the board to contract with one or 8 24 more vendors to manage and maintain the program in compliance 8 25 with federal and state regulations. 8 26 The bill repeals all provisions regarding the registration 8 27 and regulation of internet pharmacy sites and pharmacies 8 28 associated or aligned with internet pharmacy sites. LSB 1246SV (1) 87 tr/nh/rh