Iowa-2017-SF484-Introduced
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:
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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.39 Programs Program to aid monitor 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 33 The 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 2 2. 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 16 3. 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 29 4. 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 3 a. In a criminal proceeding.
4 4 b. In a disciplinary hearing before the board or in a
4 5 subsequent trial or appeal of a board action or order.
4 6 c. To the pharmacist licensing or disciplinary authorities
4 7 of other jurisdictions.
4 8 d. To the pharmacy technician registering, licensing, or
4 9 disciplinary authorities of other jurisdictions.
4 10 e. Pursuant to an order of a court of competent
4 11 jurisdiction.
4 12 f. Pursuant to subsection 11.
4 13 g. As otherwise provided by law.
4 14 5. 2. An employee or a member of the board, a peer
4 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 aiding the an 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 24 6. 3. An employee or member of the board or a review
4 25 committee or intervenor program member 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 28 7. 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 1 a. Periodic reports to the board regarding education,
5 2 intervention, and treatment activities.
5 3 b. 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 9 c. 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 12 d. 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 16 e. 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 21 f. 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 25 g. 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 29 8. 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 fund programs a program to aid monitor impaired
5 35 pharmacists, pharmacist=interns, or pharmacy technicians.
6 1 9. 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 in programs a 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 11 10. 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 administer programs a 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 22 11. 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 to subsection
6 26 4 section 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 32 12. 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 chapter 155A by the board of
7 5 pharmacy, and retained by the board pursuant to section 147.82,
7 6 not more than one hundred seventy=five thousand dollars may
7 7 be allocated the board may annually allocate a sum deemed by
7 8 the board to be adequate for administering the pharmaceutical
7 9 collection and disposal program originally 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 board of pharmacy may cooperate contract
7 15 with the Iowa pharmacy association and may consult with the
7 16 department and sanitary landfill operators in administering one
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.
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