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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