Senate
Study
Bill
3051
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
PHARMACY
BILL)
A
BILL
FOR
An
Act
relating
to
controlled
substances,
including
information
1
collection
and
reporting
requirements
under
the
Iowa
2
prescription
monitoring
program.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
124.551,
subsection
2,
paragraph
b,
Code
1
2020,
is
amended
to
read
as
follows:
2
b.
The
information
collected
shall
be
used
by
prescribing
3
practitioners
,
veterinarians,
and
pharmacists
on
a
need-to-know
4
basis
for
purposes
of
improving
patient
health
care
by
5
facilitating
early
identification
of
patients
who
may
be
at
6
risk
for
addiction,
or
who
may
be
using,
abusing,
or
diverting
7
drugs
for
unlawful
or
otherwise
unauthorized
purposes
at
risk
8
to
themselves
and
others,
or
who
may
be
appropriately
using
9
controlled
substances
lawfully
prescribed
for
them
but
unknown
10
to
the
practitioner.
11
Sec.
2.
Section
124.553,
subsection
1,
paragraph
a,
12
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
13
(1)
A
pharmacist
,
veterinarian,
or
prescribing
practitioner
14
who
requests
the
information
and
certifies
in
a
form
specified
15
by
the
board
that
it
is
for
the
purpose
of
providing
medical
16
or
pharmaceutical
care
to
a
patient
of
the
pharmacist
,
17
veterinarian,
or
prescribing
practitioner.
A
pharmacist
,
18
veterinarian,
or
a
prescribing
practitioner
may
delegate
19
program
information
access
to
another
authorized
individual
or
20
agent
only
if
that
individual
or
agent
registers
for
program
21
information
access,
pursuant
to
board
rules,
as
an
agent
of
the
22
pharmacist
,
veterinarian,
or
prescribing
practitioner.
Board
23
rules
shall
identify
the
qualifications
for
a
pharmacist’s
,
24
veterinarian’s,
or
prescribing
practitioner’s
agent
and
25
shall
limit
the
number
of
agents
to
whom
each
pharmacist
,
26
veterinarian,
or
prescribing
practitioner
may
delegate
program
27
information
access.
28
Sec.
3.
Section
124.553,
subsections
5
and
6,
Code
2020,
are
29
amended
to
read
as
follows:
30
5.
Nothing
in
this
section
shall
require
a
pharmacist
,
31
veterinarian,
or
prescribing
practitioner
to
obtain
information
32
about
a
patient
from
the
program.
A
pharmacist
,
veterinarian,
33
or
prescribing
practitioner
does
not
have
a
duty
and
shall
34
not
be
held
liable
in
damages
to
any
person
in
any
civil
or
35
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derivative
criminal
or
administrative
action
for
injury,
death,
1
or
loss
to
person
or
property
on
the
basis
that
the
pharmacist
,
2
veterinarian,
or
prescribing
practitioner
did
or
did
not
seek
3
or
obtain
or
use
information
from
the
program.
A
pharmacist
,
4
veterinarian,
or
prescribing
practitioner
acting
reasonably
5
and
in
good
faith
is
immune
from
any
civil,
criminal,
or
6
administrative
liability
that
might
otherwise
be
incurred
or
7
imposed
for
requesting
or
receiving
or
using
information
from
8
the
program.
9
6.
The
board
shall
not
charge
a
fee
to
a
pharmacy,
10
pharmacist,
veterinarian,
or
prescribing
practitioner
for
the
11
establishment,
maintenance,
or
administration
of
the
program,
12
including
costs
for
forms
required
to
submit
information
to
or
13
access
information
from
the
program,
except
that
the
board
may
14
charge
a
fee
to
an
individual
who
requests
the
individual’s
own
15
program
information.
A
fee
charged
pursuant
to
this
subsection
16
shall
not
exceed
the
actual
cost
of
providing
the
requested
17
information
and
shall
be
considered
a
repayment
receipt
as
18
defined
in
section
8.2
.
19
Sec.
4.
Section
124.554,
subsection
1,
paragraph
g,
Code
20
2020,
is
amended
to
read
as
follows:
21
g.
Including
all
schedule
II
,
schedule
III,
and
schedule
IV
22
controlled
substances
,
those
substances
in
schedules
III
and
IV
23
that
the
advisory
council
and
board
determine
can
be
addictive
24
or
fatal
if
not
taken
under
the
proper
care
and
direction
of
25
a
prescribing
practitioner
,
schedule
V
controlled
substances
26
including
when
dispensed
by
a
pharmacist
without
a
prescription
27
except
for
sales
of
pseudoephedrine
that
are
reported
to
the
28
real-time
electronic
repository,
and
opioid
antagonists
,
and
29
other
prescription
substances
that
the
advisory
council
and
30
board
determine
can
be
addictive
or
fatal
if
not
taken
under
31
the
proper
care
and
direction
of
a
prescribing
practitioner
.
32
Sec.
5.
Section
124.554,
subsection
2,
unnumbered
paragraph
33
1,
Code
2020,
is
amended
to
read
as
follows:
34
Beginning
January
February
1,
2007
2021
,
and
annually
by
35
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January
February
1
thereafter,
the
board
and
advisory
council
1
shall
present
to
the
general
assembly
and
the
governor
a
2
report
prepared
consistent
with
section
124.555,
subsection
3
,
3
paragraph
“d”
,
which
shall
include
but
not
be
limited
to
the
4
following:
5
Sec.
6.
Section
124.554,
subsection
3,
paragraph
a,
6
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
7
follows:
8
Beginning
February
1,
2019,
and
annually
Annually
by
9
February
1
thereafter
,
the
board
shall
electronically,
and
at
10
as
low
a
cost
as
possible,
issue
each
prescribing
practitioner
11
who
prescribed
a
controlled
substance
reported
to
the
program
12
as
dispensed
in
the
preceding
calendar
year
in
this
state
a
13
prescribing
practitioner
activity
report
which
shall
include
14
but
not
be
limited
to
the
following:
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
Iowa
prescription
monitoring
19
program
(PMP).
The
bill
allows
veterinarians
to
register
20
for
and
access
information
from
the
PMP.
The
bill
expands
21
PMP
reporting
requirements
to
all
schedule
III
and
schedule
22
IV
controlled
substances
and
to
all
schedule
V
controlled
23
substances
except
for
sales
of
pseudoephedrine
that
are
24
reported
to
the
real-time
electronic
repository.
The
bill
also
25
requires
the
reporting
of
other
prescription
substances
that
26
the
PMP
advisory
council
and
board
of
pharmacy
determine
could
27
be
addictive
or
fatal
if
not
taken
under
the
proper
care
and
28
direction
of
a
prescribing
practitioner.
29
The
bill
changes
the
due
date
for
annual
reports
to
the
30
governor
and
legislature
regarding
the
PMP
from
January
1
to
31
February
1.
32
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