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PAG LIN 1 1 Section 1. Section 155A.4, subsection 2, Code 1997, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. g. A qualified individual authorized to 1 4 administer prescription drugs and employed by a home health 1 5 agency or hospice to obtain, possess, and transport emergency 1 6 prescription drugs as provided by state or federal law or by 1 7 rules of the board. 1 8 Sec. 2. Section 155A.15, subsection 2, paragraph d, 1 9 unnumbered paragraph 2, Code 1997, is amended to read as 1 10 follows: 1 11 However, this chapter does not prohibit a pharmacy from 1 12 furnishing a prescription drug or device to a licensed health 1 13 care facility for storage inasecured emergency 1 14 pharmaceutical suppliescontainercontainers maintained within 1 15 the facility in accordance with rules of the department of 1 16 inspections and appeals and rules of the board. 1 17 Sec. 3. Section 155A.27, subsection 1, unnumbered 1 18 paragraph 1, Code 1997, is amended to read as follows: 1 19 If written or electronic, shall contain: 1 20 Sec. 4. Section 155A.27, subsection 1, paragraphs d and e, 1 21 Code 1997, are amended to read as follows: 1 22 d. The directions for use and the purpose of the drug, 1 23 medicine, or device prescribed. 1 24 e. The name, address, and written or electronic signature 1 25 of the practitioner issuing the prescription. 1 26 Sec. 5. NEW SECTION. 155A.39 PROGRAMS TO AID IMPAIRED 1 27 PHARMACISTS, PHARMACIST INTERNS, OR PHARMACY TECHNICIANS – 1 28 REPORTING, CONFIDENTIALITY, IMMUNITY, FUNDING. 1 29 1. A person or pharmaceutical peer review committee may 1 30 report relevant facts to the board relating to the acts of a 1 31 pharmacist in this state, a pharmacist intern as defined in 1 32 section 155A.3, subsection 23, or a pharmacy technician in 1 33 this state if the person or peer review committee has 1 34 knowledge relating to the pharmacist, pharmacist intern, or 1 35 pharmacy technician which, in the opinion of the person or 2 1 pharmaceutical peer review committee, might impair competency 2 2 due to chemical abuse, chemical dependence, or mental or 2 3 physical illness, or which might endanger the public health 2 4 and safety, or which provide grounds for disciplinary action 2 5 as specified in this chapter and in the rules of the board. 2 6 2. A committee of a professional pharmaceutical 2 7 organization, its staff, or a district or local intervenor 2 8 participating in a program established to aid pharmacists, 2 9 pharmacist interns, or pharmacy technicians impaired by 2 10 chemical abuse, chemical dependence, or mental or physical 2 11 illness may report in writing to the board the name of the 2 12 impaired pharmacist, pharmacist intern, or pharmacy technician 2 13 together with pertinent information relating to the 2 14 impairment. The board may report to a committee of a 2 15 professional pharmaceutical organization or the organization's 2 16 designated staff information which the board receives with 2 17 regard to a pharmacist, pharmacist intern, or pharmacy 2 18 technician who may be impaired by chemical abuse, chemical 2 19 dependence, or mental or physical illness. 2 20 3. Upon determination by the board that a report submitted 2 21 by a peer review committee or a professional pharmaceutical 2 22 organization committee is without merit, the report shall be 2 23 expunged from the pharmacist's, pharmacist intern's, or 2 24 pharmacy technician's individual record in the board's office. 2 25 A pharmacist, pharmacist intern, pharmacy technician, or an 2 26 authorized representative of the pharmacist, pharmacist 2 27 intern, or pharmacy technician shall be entitled on request to 2 28 examine the peer review committee report or the pharmaceutical 2 29 organization committee report submitted to the board and to 2 30 place into the record a statement of reasonable length of the 2 31 pharmacist's, pharmacist intern's, or pharmacy technician's 2 32 view with respect to any information existing in the report. 2 33 4. Notwithstanding other provisions of the Code, the 2 34 records and proceedings of the board, its authorized agents, a 2 35 peer review committee, or a pharmaceutical organization 3 1 committee as set out in subsections 1 and 2 shall be 3 2 privileged and confidential and shall not be considered public 3 3 records or open records unless the affected pharmacist, 3 4 pharmacist intern, or pharmacy technician so requests and 3 5 shall not be subject to a subpoena or to a discovery 3 6 proceeding. The board may disclose the records and 3 7 proceedings only as follows: 3 8 a. In a criminal proceeding. 3 9 b. In a disciplinary hearing before the board or in a 3 10 subsequent trial or appeal of a board action or order. 3 11 c. To the pharmacist licensing or disciplinary authorities 3 12 of other jurisdictions. 3 13 d. To the pharmacy technician registering, licensing, or 3 14 disciplinary authorities of other jurisdictions. 3 15 e. Pursuant to an order of a court of competent 3 16 jurisdiction. 3 17 f. Pursuant to subsection 11. 3 18 g. As otherwise provided by law. 3 19 5. An employee or a member of the board, a peer review 3 20 committee member, a professional pharmaceutical organization 3 21 committee member, a professional pharmaceutical organization 3 22 district or local intervenor, or any other person who 3 23 furnishes information, data, reports, or records in good faith 3 24 for the purpose of aiding the impaired pharmacist, pharmacist 3 25 intern, or pharmacy technician, shall be immune from civil 3 26 liability. This immunity from civil liability shall be 3 27 liberally construed to accomplish the purpose of this section 3 28 and is in addition to other immunity provided by law. 3 29 6. An employee or member of the board or a committee or 3 30 intervenor program is presumed to have acted in good faith. A 3 31 person alleging a lack of good faith has the burden of proof 3 32 on that issue. 3 33 7. The board may contract with professional pharmaceutical 3 34 associations or societies to provide a program for 3 35 pharmacists, pharmacist interns, and pharmacy technicians who 4 1 are impaired by chemical abuse, chemical dependence, or mental 4 2 or physical illness. Such programs shall include, but not be 4 3 limited to, education, intervention, and posttreatment 4 4 monitoring. A contract with a professional pharmaceutical 4 5 association or society shall include the following 4 6 requirements: 4 7 a. Periodic reports to the board regarding education, 4 8 intervention, and treatment activities. 4 9 b. Immediate notification to the board's executive 4 10 secretary or director or the executive secretary's or 4 11 director's designee of the identity of the pharmacist, 4 12 pharmacist intern, or pharmacy technician who is participating 4 13 in a program to aid impaired pharmacists, pharmacist interns, 4 14 or pharmacy technicians. 4 15 c. Release to the board's executive secretary or director 4 16 or the executive secretary's or director's designee upon 4 17 written request of all treatment records of a participant. 4 18 d. Quarterly reports to the board, by case number, 4 19 regarding each participant's diagnosis, prognosis, and 4 20 recommendations for continuing care, treatment, and 4 21 supervision which maintain the anonymity of the participant. 4 22 e. Immediate reporting to the board of the name of an 4 23 impaired pharmacist, pharmacist intern, or pharmacy technician 4 24 who the treatment organization believes to be an imminent 4 25 danger to either the public or to the pharmacist, pharmacist 4 26 intern, or pharmacy technician. 4 27 f. Reporting to the board, as soon as possible, the name 4 28 of a participant who refuses to cooperate with the program, 4 29 who refuses to submit to treatment, or whose impairment is not 4 30 substantially alleviated through intervention and treatment. 4 31 g. Immediate reporting to the board of the name of a 4 32 participant where additional information is evident that known 4 33 distribution of controlled substances or legend drugs to other 4 34 individuals has taken place. 4 35 8. The board may add a surcharge of not more than ten 5 1 percent of the applicable fee to a pharmacist license fee, 5 2 pharmacist license renewal fee, pharmacist intern registration 5 3 fee, pharmacy technician registration fee, or pharmacy 5 4 technician registration renewal fee authorized under this 5 5 chapter to fund programs to aid impaired pharmacists, 5 6 pharmacist interns, or pharmacy technicians. 5 7 9. The board may accept, transfer, and expend funds made 5 8 available by the federal or state government or by another 5 9 public or private source to be used in programs authorized by 5 10 this section. The board may contract to provide funding on an 5 11 annual basis to a professional pharmaceutical association or 5 12 society for expenses incurred in management and operation of a 5 13 program to aid impaired pharmacists, pharmacist interns, or 5 14 pharmacy technicians. Documentation of the use of these funds 5 15 shall be provided to the board not less than annually for 5 16 review and comment. 5 17 10. Funds and surcharges collected under this section 5 18 shall be deposited in an account and may be used by the board 5 19 to administer programs authorized by this section, including 5 20 the provision of education, intervention, and posttreatment 5 21 monitoring to an impaired pharmacist, pharmacist intern, or 5 22 pharmacy technician and to pay the administrative costs 5 23 incurred by the board in connection with that funding and 5 24 appropriate oversight, but not for costs incurred for a 5 25 participant's initial evaluation, referral services, 5 26 treatment, or rehabilitation subsequent to intervention. 5 27 11. The board may disclose that the license of a 5 28 pharmacist, the registration of a pharmacist intern, or the 5 29 registration of a pharmacy technician who is the subject of an 5 30 order of the board that is confidential pursuant to subsection 5 31 4 is suspended, revoked, canceled, restricted, or retired; or 5 32 that the pharmacist, pharmacist intern, or pharmacy technician 5 33 is in any manner otherwise limited in the practice of 5 34 pharmacy; or other relevant information pertaining to the 5 35 pharmacist, pharmacist intern, or pharmacy technician which 6 1 the board deems appropriate. 6 2 12. The board may adopt rules necessary for the 6 3 implementation of this section. 6 4 Sec. 6. NEW SECTION. 155A.40 OATHS AND SUBPOENAS – 6 5 CONTEMPT. 6 6 1. The board shall have the power to subpoena witnesses, 6 7 to compel their appearance, to administer an oath, to examine 6 8 any person under oath, and to require the production of any 6 9 documentary or other evidence, whether or not privileged or 6 10 confidential under law, which is relevant to a matter under 6 11 investigation by the board and which is needed by the board to 6 12 determine whether it should commence a disciplinary proceeding 6 13 against a licensee. 6 14 2. Whenever any person subpoenaed pursuant to subsection 1 6 15 of this section neglects or refuses to obey the terms of such 6 16 subpoena, to produce documentary or other evidence, or to give 6 17 testimony, the board may apply to a district court having 6 18 jurisdiction for the enforcement of a subpoena or the issuance 6 19 of an order compelling compliance. The court may sustain the 6 20 subpoena to the extent that it is found to be in accordance 6 21 with the law applicable to the issuance of subpoenas or 6 22 discovery in civil actions. In proceedings for enforcement, 6 23 the court may issue an order requiring the appearance of the 6 24 witness or the production of the evidence or data within a 6 25 reasonable time under penalty of punishment for contempt in 6 26 cases of willful failure to comply. 6 27 Sec. 7. NEW SECTION. 155A.41 NITROUS OXIDE. 6 28 1. UNLAWFUL POSSESSION. Any person who possesses nitrous 6 29 oxide or any substance containing nitrous oxide, with the 6 30 intent to breathe, inhale, or ingest for the purpose of 6 31 causing a condition of intoxication, elation, euphoria, 6 32 dizziness, stupefaction, or dulling of the senses, or who 6 33 knowingly and with the intent to do so is under the influence 6 34 of nitrous oxide or any material containing nitrous oxide, is 6 35 guilty of a serious misdemeanor. This subsection shall not 7 1 apply to a person who is under the influence of nitrous oxide 7 2 or any material containing nitrous oxide for the purpose of 7 3 medical, surgical, or dental care by a person duly licensed to 7 4 administer such an agent. 7 5 2. UNLAWFUL DISTRIBUTION. Any person who distributes 7 6 nitrous oxide, or possesses nitrous oxide with intent to 7 7 distribute to any other person, if such distribution is with 7 8 the intent to induce unlawful inhaling of the substance or is 7 9 with the knowledge that the other person will unlawfully 7 10 inhale the substance, is guilty of a serious misdemeanor. 7 11 EXPLANATION 7 12 This bill permits qualified individuals who are authorized 7 13 to administer drugs and who are employed by a home health 7 14 agency or hospice to obtain, possess, and transport emergency 7 15 prescription drugs to home care or hospice patients. The bill 7 16 also permits more than one emergency drug box in a licensed 7 17 health care facility in accordance with rules of the board and 7 18 rules of the department of inspections and appeals. 7 19 Electronic signatures on prescriptions would be permitted and 7 20 the purpose of the drug prescribed would be required on 7 21 prescription drug orders under this bill. The bill 7 22 establishes programs to aid impaired pharmacists, pharmacist 7 23 interns, and pharmacy technicians and provides for reporting, 7 24 confidentiality, immunity, and funding. This bill provides 7 25 for board investigative subpoena power. The bill also 7 26 establishes penalties for the unlawful possession and unlawful 7 27 distribution of nitrous oxide. Such unlawful possession or 7 28 distribution shall constitute a serious misdemeanor. 7 29 LSB 1321DP 77 7 30 rn/jj/8.2
Text: SSB00170 Text: SSB00172 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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