Text: SF00456 Text: SF00458 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 457 1 2 1 3 AN ACT 1 4 RELATING TO THE IOWA PHARMACY PRACTICE ACT BY PERMITTING 1 5 QUALIFIED INDIVIDUALS TO TRANSPORT EMERGENCY MEDICATIONS; 1 6 PERMITTING MORE THAN ONE EMERGENCY DRUG BOX IN A LICENSED 1 7 HEALTH CARE FACILITY; PROVIDING FOR ELECTRONIC SIGNATURES 1 8 ON PRESCRIPTIONS; ESTABLISHING PROGRAMS TO AID IMPAIRED 1 9 PHARMACISTS, PHARMACIST INTERNS, AND PHARMACY TECHNICIANS; 1 10 AND ESTABLISHING A PENALTY. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. Section 155A.4, subsection 2, Code 1997, is 1 15 amended by adding the following new paragraph: 1 16 NEW PARAGRAPH. g. A qualified individual authorized to 1 17 administer prescription drugs and employed by a home health 1 18 agency or hospice to obtain, possess, and transport emergency 1 19 prescription drugs as provided by state or federal law or by 1 20 rules of the board. 1 21 Sec. 2. Section 155A.15, subsection 2, paragraph d, 1 22 unnumbered paragraph 2, Code 1997, is amended to read as 1 23 follows: 1 24 However, this chapter does not prohibit a pharmacy from 1 25 furnishing a prescription drug or device to a licensed health 1 26 care facility for storage inasecured emergency 1 27 pharmaceutical suppliescontainercontainers maintained within 1 28 the facility in accordance with rules of the department of 1 29 inspections and appeals and rules of the board. 1 30 Sec. 3. Section 155A.27, subsection 1, unnumbered 1 31 paragraph 1, Code 1997, is amended to read as follows: 1 32 If written or electronic, shall contain: 1 33 Sec. 4. Section 155A.27, subsection 1, paragraph e, Code 1 34 1997, is amended to read as follows: 1 35 e. The name, address, and written or electronic signature 2 1 of the practitioner issuing the prescription. 2 2 Sec. 5. NEW SECTION. 155A.39 PROGRAMS TO AID IMPAIRED 2 3 PHARMACISTS, PHARMACIST INTERNS, OR PHARMACY TECHNICIANS – 2 4 REPORTING, CONFIDENTIALITY, IMMUNITY, FUNDING. 2 5 1. A person or pharmaceutical peer review committee may 2 6 report relevant facts to the board relating to the acts of a 2 7 pharmacist in this state, a pharmacist intern as defined in 2 8 section 155A.3, subsection 23, or a pharmacy technician in 2 9 this state if the person or peer review committee has 2 10 knowledge relating to the pharmacist, pharmacist intern, or 2 11 pharmacy technician which, in the opinion of the person or 2 12 pharmaceutical peer review committee, might impair competency 2 13 due to chemical abuse, chemical dependence, or mental or 2 14 physical illness, or which might endanger the public health 2 15 and safety, or which provide grounds for disciplinary action 2 16 as specified in this chapter and in the rules of the board. 2 17 2. A committee of a professional pharmaceutical 2 18 organization, its staff, or a district or local intervenor 2 19 participating in a program established to aid pharmacists, 2 20 pharmacist interns, or pharmacy technicians impaired by 2 21 chemical abuse, chemical dependence, or mental or physical 2 22 illness may report in writing to the board the name of the 2 23 impaired pharmacist, pharmacist intern, or pharmacy technician 2 24 together with pertinent information relating to the 2 25 impairment. The board may report to a committee of a 2 26 professional pharmaceutical organization or the organization's 2 27 designated staff information which the board receives with 2 28 regard to a pharmacist, pharmacist intern, or pharmacy 2 29 technician who may be impaired by chemical abuse, chemical 2 30 dependence, or mental or physical illness. 2 31 3. Upon determination by the board that a report submitted 2 32 by a peer review committee or a professional pharmaceutical 2 33 organization committee is without merit, the report shall be 2 34 expunged from the pharmacist's, pharmacist intern's, or 2 35 pharmacy technician's individual record in the board's office. 3 1 A pharmacist, pharmacist intern, pharmacy technician, or an 3 2 authorized representative of the pharmacist, pharmacist 3 3 intern, or pharmacy technician shall be entitled on request to 3 4 examine the peer review committee report or the pharmaceutical 3 5 organization committee report submitted to the board and to 3 6 place into the record a statement of reasonable length of the 3 7 pharmacist's, pharmacist intern's, or pharmacy technician's 3 8 view with respect to any information existing in the report. 3 9 4. Notwithstanding other provisions of the Code, the 3 10 records and proceedings of the board, its authorized agents, a 3 11 peer review committee, or a pharmaceutical organization 3 12 committee as set out in subsections 1 and 2 shall be 3 13 privileged and confidential and shall not be considered public 3 14 records or open records unless the affected pharmacist, 3 15 pharmacist intern, or pharmacy technician so requests and 3 16 shall not be subject to a subpoena or to a discovery 3 17 proceeding. The board may disclose the records and 3 18 proceedings only as follows: 3 19 a. In a criminal proceeding. 3 20 b. In a disciplinary hearing before the board or in a 3 21 subsequent trial or appeal of a board action or order. 3 22 c. To the pharmacist licensing or disciplinary authorities 3 23 of other jurisdictions. 3 24 d. To the pharmacy technician registering, licensing, or 3 25 disciplinary authorities of other jurisdictions. 3 26 e. Pursuant to an order of a court of competent 3 27 jurisdiction. 3 28 f. Pursuant to subsection 11. 3 29 g. As otherwise provided by law. 3 30 5. An employee or a member of the board, a peer review 3 31 committee member, a professional pharmaceutical organization 3 32 committee member, a professional pharmaceutical organization 3 33 district or local intervenor, or any other person who 3 34 furnishes information, data, reports, or records in good faith 3 35 for the purpose of aiding the impaired pharmacist, pharmacist 4 1 intern, or pharmacy technician, shall be immune from civil 4 2 liability. This immunity from civil liability shall be 4 3 liberally construed to accomplish the purpose of this section 4 4 and is in addition to other immunity provided by law. 4 5 6. An employee or member of the board or a committee or 4 6 intervenor program is presumed to have acted in good faith. A 4 7 person alleging a lack of good faith has the burden of proof 4 8 on that issue. 4 9 7. The board may contract with professional pharmaceutical 4 10 associations or societies to provide a program for 4 11 pharmacists, pharmacist interns, and pharmacy technicians who 4 12 are impaired by chemical abuse, chemical dependence, or mental 4 13 or physical illness. Such programs shall include, but not be 4 14 limited to, education, intervention, and posttreatment 4 15 monitoring. A contract with a professional pharmaceutical 4 16 association or society shall include the following 4 17 requirements: 4 18 a. Periodic reports to the board regarding education, 4 19 intervention, and treatment activities. 4 20 b. Immediate notification to the board's executive 4 21 secretary or director or the executive secretary's or 4 22 director's designee of the identity of the pharmacist, 4 23 pharmacist intern, or pharmacy technician who is participating 4 24 in a program to aid impaired pharmacists, pharmacist interns, 4 25 or pharmacy technicians. 4 26 c. Release to the board's executive secretary or director 4 27 or the executive secretary's or director's designee upon 4 28 written request of all treatment records of a participant. 4 29 d. Quarterly reports to the board, by case number, 4 30 regarding each participant's diagnosis, prognosis, and 4 31 recommendations for continuing care, treatment, and 4 32 supervision which maintain the anonymity of the participant. 4 33 e. Immediate reporting to the board of the name of an 4 34 impaired pharmacist, pharmacist intern, or pharmacy technician 4 35 who the treatment organization believes to be an imminent 5 1 danger to either the public or to the pharmacist, pharmacist 5 2 intern, or pharmacy technician. 5 3 f. Reporting to the board, as soon as possible, the name 5 4 of a participant who refuses to cooperate with the program, 5 5 who refuses to submit to treatment, or whose impairment is not 5 6 substantially alleviated through intervention and treatment. 5 7 g. Immediate reporting to the board of the name of a 5 8 participant where additional information is evident that known 5 9 distribution of controlled substances or legend drugs to other 5 10 individuals has taken place. 5 11 8. The board may add a surcharge of not more than ten 5 12 percent of the applicable fee to a pharmacist license fee, 5 13 pharmacist license renewal fee, pharmacist intern registration 5 14 fee, pharmacy technician registration fee, or pharmacy 5 15 technician registration renewal fee authorized under this 5 16 chapter to fund programs to aid impaired pharmacists, 5 17 pharmacist interns, or pharmacy technicians. 5 18 9. The board may accept, transfer, and expend funds made 5 19 available by the federal or state government or by another 5 20 public or private source to be used in programs authorized by 5 21 this section. The board may contract to provide funding on an 5 22 annual basis to a professional pharmaceutical association or 5 23 society for expenses incurred in management and operation of a 5 24 program to aid impaired pharmacists, pharmacist interns, or 5 25 pharmacy technicians. Documentation of the use of these funds 5 26 shall be provided to the board not less than annually for 5 27 review and comment. 5 28 10. Funds and surcharges collected under this section 5 29 shall be deposited in an account and may be used by the board 5 30 to administer programs authorized by this section, including 5 31 the provision of education, intervention, and posttreatment 5 32 monitoring to an impaired pharmacist, pharmacist intern, or 5 33 pharmacy technician and to pay the administrative costs 5 34 incurred by the board in connection with that funding and 5 35 appropriate oversight, but not for costs incurred for a 6 1 participant's initial evaluation, referral services, 6 2 treatment, or rehabilitation subsequent to intervention. 6 3 11. The board may disclose that the license of a 6 4 pharmacist, the registration of a pharmacist intern, or the 6 5 registration of a pharmacy technician who is the subject of an 6 6 order of the board that is confidential pursuant to subsection 6 7 4 is suspended, revoked, canceled, restricted, or retired; or 6 8 that the pharmacist, pharmacist intern, or pharmacy technician 6 9 is in any manner otherwise limited in the practice of 6 10 pharmacy; or other relevant information pertaining to the 6 11 pharmacist, pharmacist intern, or pharmacy technician which 6 12 the board deems appropriate. 6 13 12. The board may adopt rules necessary for the 6 14 implementation of this section. 6 15 Sec. 6. NEW SECTION. 155A.41 NITROUS OXIDE. 6 16 1. UNLAWFUL POSSESSION. Any person who possesses nitrous 6 17 oxide or any substance containing nitrous oxide, with the 6 18 intent to breathe, inhale, or ingest for the purpose of 6 19 causing a condition of intoxication, elation, euphoria, 6 20 dizziness, stupefaction, or dulling of the senses, or who 6 21 knowingly and with the intent to do so is under the influence 6 22 of nitrous oxide or any material containing nitrous oxide, is 6 23 guilty of a serious misdemeanor. This subsection shall not 6 24 apply to a person who is under the influence of nitrous oxide 6 25 or any material containing nitrous oxide for the purpose of 6 26 medical, surgical, or dental care by a person duly licensed to 6 27 administer such an agent. 6 28 2. UNLAWFUL DISTRIBUTION. Any person who distributes 6 29 nitrous oxide, or possesses nitrous oxide with intent to 6 30 distribute to any other person, if such distribution is with 6 31 the intent to induce unlawful inhaling of the substance or is 6 32 with the knowledge that the other person will unlawfully 6 33 inhale the substance, is guilty of a serious misdemeanor. 6 34 6 35 7 1 7 2 MARY E. KRAMER 7 3 President of the Senate 7 4 7 5 7 6 7 7 RON J. CORBETT 7 8 Speaker of the House 7 9 7 10 I hereby certify that this bill originated in the Senate and 7 11 is known as Senate File 457, Seventy-seventh General Assembly. 7 12 7 13 7 14 7 15 MARY PAT GUNDERSON 7 16 Secretary of the Senate 7 17 Approved , 1997 7 18 7 19 7 20 7 21 TERRY E. BRANSTAD 7 22 Governor
Text: SF00456 Text: SF00458 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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