Bill Text: IA SSB3136 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the Iowa prescription monitoring program by establishing an advisory committee.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-06 - Subcommittee Meeting: 02/06/2018 12:30PM RM 315 (Cancelled) [SSB3136 Detail]
Download: Iowa-2017-SSB3136-Introduced.html
Senate
Study
Bill
3136
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
SEGEBART)
A
BILL
FOR
An
Act
relating
to
the
Iowa
prescription
monitoring
program
by
1
establishing
an
advisory
committee.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
124.551,
subsection
1,
Code
2018,
is
1
amended
to
read
as
follows:
2
1.
Contingent
upon
the
receipt
of
funds
pursuant
to
3
section
124.557
sufficient
to
carry
out
the
purposes
of
4
this
subchapter
,
the
board,
in
conjunction
with
the
advisory
5
council
committee
created
in
section
124.555
,
shall
establish
6
and
maintain
an
information
program
for
drug
prescribing
and
7
dispensing.
8
Sec.
2.
Section
124.552,
subsection
1,
paragraph
l,
Code
9
2018,
is
amended
to
read
as
follows:
10
l.
Other
information
identified
by
the
board
and
advisory
11
council
by
rule.
12
Sec.
3.
Section
124.552,
subsection
3,
unnumbered
paragraph
13
1,
Code
2018,
is
amended
to
read
as
follows:
14
Information
shall
be
timely
transmitted
as
designated
by
the
15
board
and
advisory
council
by
rule,
unless
the
board
grants
an
16
extension.
The
board
may
grant
an
extension
if
either
of
the
17
following
occurs:
18
Sec.
4.
Section
124.553,
subsection
1,
paragraph
b,
Code
19
2018,
is
amended
to
read
as
follows:
20
b.
An
individual
who
requests
the
individual’s
own
program
21
information
in
accordance
with
the
procedure
established
in
22
rules
of
the
board
and
advisory
council
adopted
under
section
23
124.554
.
24
Sec.
5.
Section
124.553,
subsection
2,
Code
2018,
is
amended
25
to
read
as
follows:
26
2.
The
board
shall
maintain
a
record
of
each
person
that
27
requests
information
from
the
program.
Pursuant
to
rules
28
adopted
by
the
board
and
advisory
council
under
section
29
124.554
,
the
board
may
use
the
records
to
document
and
report
30
statistical
information,
and
may
provide
program
information
31
for
statistical,
public
research,
public
policy,
or
educational
32
purposes,
after
removing
personal
identifying
information
of
a
33
patient,
prescribing
practitioner,
dispenser,
or
other
person
34
who
is
identified
in
the
information.
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Sec.
6.
Section
124.554,
subsection
1,
unnumbered
paragraph
1
1,
Code
2018,
is
amended
to
read
as
follows:
2
The
board
and
advisory
council
,
in
consultation
with
the
3
advisory
committee,
shall
jointly
adopt
rules
in
accordance
4
with
chapter
17A
to
carry
out
the
purposes
of,
and
to
enforce
5
the
provisions
of,
this
subchapter
.
The
rules
shall
include
6
but
not
be
limited
to
the
development
of
procedures
relating
7
to:
8
Sec.
7.
Section
124.554,
subsection
1,
paragraphs
f
and
h,
9
Code
2018,
are
amended
to
read
as
follows:
10
f.
Use
by
the
board
or
advisory
council
committee
of
the
11
program
request
records
required
by
section
124.553,
subsection
12
2
,
to
document
and
report
statistical
information.
13
h.
Access
by
a
pharmacist
or
prescribing
practitioner
to
14
information
in
the
program
pursuant
to
a
written
agreement
with
15
the
board
and
advisory
council
.
16
Sec.
8.
Section
124.554,
subsection
2,
Code
2018,
is
amended
17
to
read
as
follows:
18
2.
Beginning
January
1,
2007
15,
2019
,
and
annually
by
19
January
1
15
thereafter,
the
board
and
advisory
council
20
committee
shall
present
to
the
general
assembly
and
the
21
governor
a
report
prepared
consistent
with
section
124.555,
22
subsection
3
,
paragraph
“d”
,
which
shall
include
but
not
be
23
limited
to
the
following:
24
a.
The
cost
to
the
state
of
implementing
and
maintaining
the
25
program.
26
b.
Information
from
pharmacies,
prescribing
practitioners,
27
the
board,
the
advisory
council
committee
,
and
others
regarding
28
the
benefits
or
detriments
of
the
program.
29
c.
Information
from
pharmacies,
prescribing
practitioners,
30
the
board,
the
advisory
council
committee
,
and
others
regarding
31
the
board’s
effectiveness
in
providing
information
from
the
32
program.
33
Sec.
9.
Section
124.555,
Code
2018,
is
amended
to
read
as
34
follows:
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124.555
Advisory
council
committee
established.
1
An
advisory
council
committee
shall
be
established
to
2
provide
oversight
to
the
board
and
the
program
and
to
comanage
3
program
activities.
The
board
and
,
in
consultation
with
4
the
advisory
council
committee,
shall
jointly
adopt
rules
5
specifying
the
duties
and
activities
of
the
advisory
council
6
committee
and
related
matters.
7
1.
The
council
committee
shall
consist
of
eight
a
minimum
8
of
four
members
appointed
by
the
governor
board
.
The
members
9
shall
include
three
but
not
be
limited
to
at
least
one
member
10
from
each
of
the
following
categories:
licensed
pharmacists,
11
four
physicians
licensed
under
chapter
148
,
and
one
licensed
12
prescribing
practitioner
practitioners
who
is
are
not
a
13
physician
physicians,
and
public
members
who
are
not
health
14
care
professionals
.
The
governor
shall
board
may
solicit
15
recommendations
for
council
committee
members
from
Iowa
health
16
professional
licensing
boards,
associations,
and
societies
,
17
and
other
interested
groups
.
The
license
of
each
health
care
18
professional
member
appointed
to
and
serving
on
the
advisory
19
council
committee
shall
be
current
and
in
good
standing
with
20
the
professional’s
licensing
board.
21
2.
The
council
committee
shall
advance
the
goals
of
the
22
program,
which
include
identification
of
misuse
and
diversion
23
of
controlled
substances
identified
pursuant
to
section
24
124.554,
subsection
1
,
paragraph
“g”
,
reduction
of
overdoses
25
and
deaths
as
a
result
of
prescription
controlled
substance
26
use
and
abuse,
and
enhancement
of
the
quality
of
health
care
27
delivery
in
this
state.
28
3.
Duties
of
the
council
committee
shall
include
but
not
be
29
limited
to
the
following:
30
a.
Ensuring
the
confidentiality
of
the
patient,
prescribing
31
practitioner,
and
dispensing
pharmacist
and
pharmacy.
32
b.
Respecting
and
preserving
the
integrity
of
the
patient’s
33
treatment
relationship
with
the
patient’s
health
care
34
providers.
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c.
Encouraging
and
facilitating
cooperative
efforts
1
among
health
care
practitioners
and
other
interested
and
2
knowledgeable
persons
in
developing
best
practices
for
3
prescribing
and
dispensing
controlled
substances
and
in
4
educating
health
care
practitioners
and
patients
regarding
5
controlled
substance
use
and
abuse.
6
d.
Making
recommendations
regarding
the
continued
benefits
7
of
maintaining
the
program
in
relationship
to
cost
and
other
8
burdens
to
the
patient,
prescribing
practitioner,
pharmacist,
9
and
the
board.
The
council’s
committee’s
recommendations
shall
10
be
included
in
reports
required
by
section
124.554,
subsection
11
2
.
12
e.
One
physician
and
one
pharmacist
member
of
the
council
13
shall
include
in
their
duties
the
responsibility
for
monitoring
14
and
ensuring
that
patient
confidentiality,
best
interests,
and
15
civil
liberties
are
at
all
times
protected
and
preserved
during
16
the
existence
of
the
program.
17
4.
Members
of
the
advisory
council
committee
shall
18
be
eligible
to
request
and
receive
actual
expenses
for
19
their
duties
as
members
of
the
advisory
council
committee
,
20
subject
to
reimbursement
limits
imposed
by
the
department
of
21
administrative
services,
and
shall
also
be
eligible
to
receive
22
a
per
diem
compensation
as
provided
in
section
7E.6,
subsection
23
1
.
24
Sec.
10.
Section
124.556,
Code
2018,
is
amended
to
read
as
25
follows:
26
124.556
Education
and
treatment.
27
The
program
for
drug
prescribing
and
dispensing
shall
28
include
education
initiatives
and
outreach
to
consumers,
29
prescribing
practitioners,
and
pharmacists,
and
shall
also
30
include
assistance
for
identifying
substance
abuse
treatment
31
programs
and
providers.
The
board
and
advisory
council
32
committee
shall
adopt
rules,
as
provided
under
section
124.554
,
33
to
implement
this
section
.
34
Sec.
11.
TRANSITION
——
APPOINTMENT
AND
TERMS
OF
ADVISORY
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COMMITTEE
MEMBERS.
This
Act’s
amendments
changing
the
name
of
1
the
“advisory
council”
to
the
“advisory
committee”
shall
not
2
affect
the
appointment
of
a
member
who
served
on
the
advisory
3
council
immediately
prior
to
the
effective
date
of
this
Act.
4
That
member
shall
continue
to
serve
on
the
advisory
committee
5
at
the
pleasure
of
the
governor.
6
Sec.
12.
TRANSITION
——
ADMINISTRATIVE
RULES
AND
OTHER
7
ACTIONS
AND
DOCUMENTS.
Any
rule,
form,
order,
or
directive
8
promulgated
by
the
advisory
council
created
in
section
124.550,
9
in
force
and
effect
immediately
prior
to
the
effective
date
of
10
this
Act,
shall
continue
in
full
force
and
effect
until
the
11
earlier
of
the
following:
12
1.
It
is
amended,
rescinded,
or
supplemented
by
the
13
affirmative
actions
of
the
board
of
pharmacy.
14
2.
It
expires
by
its
own
terms.
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
alters
the
Iowa
prescription
monitoring
program
19
(PMP)
by
establishing
an
advisory
committee.
20
The
bill
eliminates
the
PMP
advisory
council
and
creates
an
21
advisory
committee
to
assume
the
duties
of
the
advisory
council
22
which
include
providing
oversight
to
the
board
of
pharmacy
23
and
the
PMP
and
comanaging
PMP
activities.
Committee
members
24
shall
be
appointed
from
among
health
care
professionals
and
25
the
general
public
by
the
board
in
numbers
to
be
determined
26
by
the
board,
provided
the
committee
consists
of
at
least
27
four
members.
The
bill
provides
that
members
of
the
advisory
28
council
shall
continue
to
serve
on
the
advisory
committee
and
29
that
any
rule,
form,
order,
or
directive
promulgated
by
the
30
advisory
council
shall
continue
to
be
in
force
and
effect
until
31
they
are
amended,
rescinded,
or
supplemented
by
the
board
of
32
pharmacy
or
expire
by
their
own
terms.
33
The
bill
also
changes
the
due
date
for
annual
reports
to
the
34
governor
and
the
legislature
regarding
the
program
from
January
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