Text: HF02451 Text: HF02453 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 155A.3, Code 2001, is amended by adding
1 2 the following new subsections:
1 3 NEW SUBSECTION. 15A. "Electronic mail" means any message
1 4 transmitted through the international network of
1 5 interconnected government, educational, and commercial
1 6 computer networks, including but not limited to messages
1 7 transmitted from or to any address affiliated with an internet
1 8 site.
1 9 NEW SUBSECTION. 16A. "Internet site" means a specific
1 10 location on the international network of interconnected
1 11 government, educational, and commercial computer networks that
1 12 is determined by internet protocol numbers, by a domain name,
1 13 or by both, including but not limited to domain names that use
1 14 the designations ".com", ".edu", ".gov", ".org", and ".net".
1 15 Sec. 2. NEW SECTION. 155A.40 INTERNET SALES –
1 16 REQUIREMENTS.
1 17 1. A pharmacy shall not sell, dispense, distribute, or
1 18 deliver a prescription drug to an ultimate user in this state
1 19 through an internet site or by electronic mail unless all of
1 20 the following apply:
1 21 a. The pharmacy is licensed pursuant to section 155A.13 or
1 22 155A.13A.
1 23 b. The internet site or electronic mail is in compliance
1 24 with any applicable federal requirements and displays in a
1 25 clear and conspicuous manner the identifying information
1 26 specified in section 155A.13, subsection 6.
1 27 c. The pharmacy is certified pursuant to the verified
1 28 internet pharmacy practice site program developed by the
1 29 national association of boards of pharmacy. This
1 30 certification requirement shall not apply, however, to
1 31 pharmacies located in Iowa and licensed pursuant to section
1 32 155A.13.
1 33 d. A pharmacist or practitioner who sells, dispenses,
1 34 distributes, or delivers a prescription drug, or writes a
1 35 prescription order through the internet site or electronic
2 1 mail is licensed by the applicable licensing board.
2 2 2. The internet site or electronic mail subject to this
2 3 section shall not contain or issue any waiver, disclaimer, or
2 4 limitation of liability to which the pharmacy, pharmacist, or
2 5 practitioner would otherwise be subject.
2 6 3. A pharmacy, pharmacist, or practitioner who violates a
2 7 provision of this section shall be subject to the penalty
2 8 provisions contained in section 155A.18.
2 9 EXPLANATION
2 10 This bill provides for the regulation of pharmacies
2 11 utilizing an internet site or electronic mail.
2 12 The bill defines "internet site" as a specific location on
2 13 the international network of interconnected government,
2 14 educational, and commercial computer networks that is
2 15 determined by internet protocol numbers, by a domain name, or
2 16 by both. The bill defines "electronic mail" as any message
2 17 transmitted through the international network of
2 18 interconnected government, educational, and commercial
2 19 computer networks, including but not limited to messages
2 20 transmitted from or to any address affiliated with an internet
2 21 site.
2 22 The bill provides that a pharmacy shall not sell, dispense,
2 23 distribute, or deliver a prescription drug through an internet
2 24 site or by electronic mail unless the pharmacy is licensed
2 25 either as an "in-state" or nonresident pharmacy, and if the
2 26 internet site or electronic mail is in compliance with any
2 27 applicable federal requirements and displays identifying
2 28 information in a clear and conspicuous manner. The bill
2 29 provides that a pharmacy, other than a pharmacy licensed
2 30 pursuant to Code section 155A.13, shall also be certified
2 31 pursuant to the verified internet pharmacy practice sites
2 32 program. The bill additionally provides that a pharmacist or
2 33 practitioner who sells, dispenses, distributes, or delivers a
2 34 prescription drug, or writes a prescription order through an
2 35 internet site or electronic mail, must be licensed by the
3 1 applicable licensing board. The bill provides that an
3 2 internet site or electronic mail shall not contain or issue
3 3 any waiver, disclaimer, or limitation of liability to which
3 4 the pharmacy, pharmacist, or practitioner would otherwise be
3 5 subject.
3 6 The bill provides that the penalty provisions of Code
3 7 section 155A.18 shall apply to a pharmacy, pharmacist, or
3 8 practitioner in violation of Code section 155A.40.
3 9 Accordingly, a violation could result in various license-
3 10 related sanctions pursuant to Code section 272C.3, or in the
3 11 imposition of a civil penalty not to exceed $25,000.
3 12 LSB 5378HV 79
3 13 rn/hk/91
Text: HF02451 Text: HF02453 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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