Text: HF02505 Text: HF02507 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2506 1 2 1 3 AN ACT 1 4 RELATING TO ELECTRONIC AND FACSIMILE PRESCRIPTIONS AND MAKING 1 5 PENALTIES APPLICABLE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 124.101, Code 2003, is amended by 1 10 adding the following new subsections: 1 11 NEW SUBSECTION. 13A. "Electronic prescription" means a 1 12 prescription which is transmitted by a computer device in a 1 13 secure manner, including computer-to-computer transmission and 1 14 computer-to-facsimile transmission. 1 15 NEW SUBSECTION. 13B. "Facsimile prescription" means a 1 16 prescription which is transmitted by a device which sends an 1 17 exact image to the receiver. 1 18 Sec. 2. Section 124.308, subsections 1 and 3, Code 2003, 1 19 are amended to read as follows: 1 20 1. Except when dispensed directly by a practitioner, other 1 21 than a pharmacy, to an ultimate user, no controlled substance 1 22 in schedule II may be dispensed without the written 1 23 prescription of a practitioner or without the electronic or 1 24 facsimile prescription of a practitioner in accordance with 1 25 subsection 1A. 1 26 3. Except when dispensed directly by a practitioner, other 1 27 than a pharmacy, to an ultimate user, a controlled substance 1 28 included in schedule III or IV, which is a prescription drug 1 29 as determined under chapter 155A, shall not be dispensed 1 30 without a written or oral prescription of a practitioner or 1 31 without an electronic or facsimile prescription in accordance 1 32 with subsection 3A. The prescription may not be filled or 1 33 refilled more than six months after the date thereof or be 1 34 refilled more than five times, unless renewed by the 1 35 practitioner. 2 1 Sec. 3. Section 124.308, Code 2003, is amended by adding 2 2 the following new subsections: 2 3 NEW SUBSECTION. 1A. A practitioner, other than a 2 4 pharmacy, or a practitioner's authorized agent may transmit an 2 5 electronic prescription or facsimile prescription to a 2 6 pharmacy for a schedule II controlled substance, provided that 2 7 the electronic prescription complies with section 155A.27 and 2 8 provided that the original signed prescription is presented to 2 9 the pharmacist prior to the dispensing of the schedule II 2 10 controlled substance. If permitted by federal law, and in 2 11 accordance with federal requirements, the electronic or 2 12 facsimile prescription shall serve as the original signed 2 13 prescription and the practitioner shall not provide the 2 14 patient or the patient's authorized representative with a 2 15 signed, written prescription. 2 16 NEW SUBSECTION. 3A. A practitioner, other than a 2 17 pharmacy, or the practitioner's authorized agent may transmit 2 18 an electronic prescription or a facsimile prescription to a 2 19 pharmacy for a schedule III, IV, or V controlled substance, 2 20 provided that the prescription complies with section 155A.27, 2 21 and provided that the original signed prescription is 2 22 presented to the pharmacist prior to the dispensing of the 2 23 controlled substance, or if the prescription is electronic, an 2 24 oral prescription or a facsimile prescription is provided. If 2 25 permitted by federal law, and in accordance with federal 2 26 requirements, the electronic or facsimile prescription shall 2 27 serve as the original signed prescription and the practitioner 2 28 shall not provide the patient or the patient's authorized 2 29 representative with a signed, written prescription. 2 30 Sec. 4. Section 126.2, Code 2003, is amended by adding the 2 31 following new subsections: 2 32 NEW SUBSECTION. 8A. "Electronic prescription" means a 2 33 prescription which is transmitted by a computer device in a 2 34 secure manner, including computer-to-computer transmission and 2 35 computer-to-facsimile transmission. 3 1 NEW SUBSECTION. 8B. "Facsimile prescription" means a 3 2 prescription which is transmitted by a device which sends an 3 3 exact image to the receiver. 3 4 Sec. 5. Section 126.11, subsection 3, paragraph a, 3 5 unnumbered paragraph 2, Code 2003, is amended to read as 3 6 follows: 3 7 Such a drug shall be dispensed only upon a written, 3 8 electronic, or facsimile prescription of a practitioner 3 9 licensed by law to administer the drug, or upon an oral 3 10 prescription of such a practitioner which is reduced promptly 3 11 to writing and filed by the pharmacist, or by refilling any 3 12 such written, electronic, facsimile, or oral prescription if 3 13 the refilling is authorized by the prescriber either in the 3 14 original written, electronic, or facsimile prescription or by 3 15 oral order which is reduced promptly to writing and filed by 3 16 the pharmacist. The act of dispensing a drug contrary to this 3 17 paragraph while the drug is held for sale results in the drug 3 18 being misbranded. 3 19 Sec. 6. Section 126.11, subsection 3, paragraph b, Code 3 20 2003, is amended to read as follows: 3 21 b. A drug dispensed by filling or refilling a written, 3 22 electronic, facsimile, or oral prescription of a practitioner 3 23 licensed by law to administer the drug is exempt from section 3 24 126.10, except subsection 1, subsection 9, paragraphs "b" and 3 25 "c", and subsections 11 and 12, and the packaging requirements 3 26 of subsections 7, 8, and 16, if the drug bears a label 3 27 containing the name and address of the dispenser, the date of 3 28 the prescription or of its filling, the name of the 3 29 prescriber, and, if stated in the prescription, the name of 3 30 the patient, and the directions for use and cautionary 3 31 statements, if any, contained in the prescription. This 3 32 exemption does not apply to a drug dispensed in the course of 3 33 the conduct of the business of dispensing drugs pursuant to 3 34 diagnosis by mail, or to a drug dispensed in violation of 3 35 paragraph "a" of this subsection. 4 1 Sec. 7. Section 126.11, subsection 3, Code 2003, is 4 2 amended by adding the following new paragraph: 4 3 NEW PARAGRAPH. f. All electronic or facsimile 4 4 prescriptions transmitted under this section shall comply with 4 5 section 155A.27. 4 6 Sec. 8. Section 147.107, subsection 2, unnumbered 4 7 paragraph 3, Code Supplement 2003, is amended to read as 4 8 follows: 4 9 A physician, dentist, or podiatric physician who dispenses 4 10 prescription drugs, other than drug samples, pursuant to this 4 11 subsection, shall offer to provide the patient with a written 4 12 prescription that may be dispensed from a pharmacy of the 4 13 patient's choice or offer to transmit the prescription orally, 4 14 electronically, or by facsimile in accordance with section 4 15 155A.27 to a pharmacy of the patient's choice. 4 16 Sec. 9. Section 147.108, subsection 1, Code 2003, is 4 17 amended to read as follows: 4 18 1. A person shall not dispense or adapt contact lenses 4 19 without first receiving authorization to do so by a written, 4 20 electronic, or facsimile prescription, except when authorized 4 21 orally under subsection 2, from a person licensed under 4 22 chapter 148, 150, 150A, or 154. The board of optometry 4 23 examiners shall adopt rules relating to electronic or 4 24 facsimile transmission of a prescription under this section. 4 25 Sec. 10. Section 147.109, subsection 1, Code 2003, is 4 26 amended to read as follows: 4 27 1. A person shall not dispense or adapt an ophthalmic 4 28 spectacle lens or lenses without first receiving authorization 4 29 to do so by a written, electronic, or facsimile prescription 4 30 from a person licensed under chapter 148, 150, 150A, or 154. 4 31 For the purpose of this section, "ophthalmic spectacle lens" 4 32 means one which has been fabricated to fill the requirements 4 33 of a particular spectacle lens prescription. The board of 4 34 optometry examiners shall adopt rules relating to electronic 4 35 or facsimile transmission of a prescription under this 5 1 section. 5 2 Sec. 11. Section 155A.3, Code 2003, is amended by adding 5 3 the following new subsections: 5 4 NEW SUBSECTION. 15A. "Electronic order" or "electronic 5 5 prescription" means an order or prescription which is 5 6 transmitted by a computer device in a secure manner, including 5 7 computer-to-computer transmission and computer-to-facsimile 5 8 transmission. 5 9 NEW SUBSECTION. 15B. "Facsimile order" or "facsimile 5 10 prescription" means an order or prescription which is 5 11 transmitted by a device which sends an exact image to the 5 12 receiver. 5 13 Sec. 12. Section 155A.3, subsection 31, Code 2003, is 5 14 amended to read as follows: 5 15 31. "Prescription drug order" means a written, electronic, 5 16 or facsimile order from a practitioner or an oral order from a 5 17 practitioner or the practitioner's authorized agent who 5 18 communicates the practitioner's instructions for a 5 19 prescription drug or device to be dispensed. 5 20 Sec. 13. Section 155A.23, subsection 1, paragraph b, Code 5 21 2003, is amended to read as follows: 5 22 b. Forgery or alteration of a written, electronic, or 5 23 facsimile prescription or of any written, electronic, or 5 24 facsimile order. 5 25 Sec. 14. Section 155A.23, subsection 4, Code 2003, is 5 26 amended to read as follows: 5 27 4. Make or utter any false or forged oral, written, 5 28 electronic, or facsimile prescription or oral, written, 5 29 electronic, or facsimile order. 5 30 Sec. 15. Section 155A.27, subsection 1, unnumbered 5 31 paragraph 1, Code 2003, is amended to read as follows: 5 32 If written,orelectronic, or facsimile shall contain: 5 33 Sec. 16. Section 155A.27, Code 2003, is amended by adding 5 34 the following new subsections: 5 35 NEW SUBSECTION. 1A. If electronic: 6 1 a. The practitioner shall ensure that the electronic 6 2 system used to transmit the electronic prescription has 6 3 adequate security and system safeguards designed to prevent 6 4 and detect unauthorized access, modification, or manipulation 6 5 of the prescription. 6 6 b. The practitioner shall provide verbal verification of 6 7 the electronic prescription upon the request of the pharmacy. 6 8 NEW SUBSECTION. 1B. a. If facsimile, in addition to the 6 9 requirements of subsection 1, shall contain all of the 6 10 following: 6 11 (1) The identification number of the facsimile machine 6 12 which is used to transmit the prescription. 6 13 (2) The time and date of transmission of the prescription. 6 14 (3) The name, address, telephone number, and facsimile 6 15 number of the pharmacy to which the prescription is being 6 16 transmitted. 6 17 b. A practitioner shall provide verbal verification of the 6 18 facsimile prescription upon the request of the pharmacy. 6 19 Sec. 17. Section 155A.32, subsections 1 and 3, Code 2003, 6 20 are amended to read as follows: 6 21 1. If an authorized prescriber prescribes,eitherin 6 22 writing, electronically, by facsimile, or orally, a drug by 6 23 its brand or trade name, the pharmacist may exercise 6 24 professional judgment in the economic interest of the patient 6 25 by selecting a drug product with the same generic name and 6 26 demonstrated bioavailability as the one prescribed for 6 27 dispensing and sale to the patient. If the cost of the 6 28 prescription or any part of it will be paid by expenditure of 6 29 public funds authorized under chapter 249A, the pharmacist 6 30 shall exercise professional judgment by selecting a drug 6 31 product with the same generic name and demonstrated 6 32 bioavailability as the one prescribed for dispensing and sale. 6 33 If the pharmacist exercises drug product selection, the 6 34 pharmacist shall inform the patient of the savings which the 6 35 patient will obtain as a result of the drug product selection 7 1 and pass on to the patient no less than fifty percent of the 7 2 difference in actual acquisition costs between the drug 7 3 prescribed and the drug substituted. 7 4 3. If selection of a generically equivalent product is 7 5 made under this section, the pharmacist making the selection 7 6 shall note that fact and the name of the manufacturer of the 7 7 selected drug on the prescription presented by the patient or 7 8 the patient's adult representative or transmitted by the 7 9 prescriber or the prescriber's authorized agent. 7 10 7 11 7 12 7 13 CHRISTOPHER C. RANTS 7 14 Speaker of the House 7 15 7 16 7 17 7 18 JEFFREY M. LAMBERTI 7 19 President of the Senate 7 20 7 21 I hereby certify that this bill originated in the House and 7 22 is known as House File 2506, Eightieth General Assembly. 7 23 7 24 7 25 7 26 MARGARET THOMSON 7 27 Chief Clerk of the House 7 28 Approved , 2004 7 29 7 30 7 31 7 32 THOMAS J. VILSACK 7 33 Governor
Text: HF02505 Text: HF02507 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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