Text: HSB00619 Text: HSB00621 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. NEW SECTION. 126.3A PRESCRIPTION DRUGS AND
1 2 DEVICES OFFERED VIA INTERNET WEBSITES AND ELECTRONIC MAIL –
1 3 PROHIBITION – PENALTIES.
1 4 1. A person shall not in any manner distribute, sell, or
1 5 offer to distribute or sell prescription drugs or devices to
1 6 recipients or users of prescription drugs or devices in this
1 7 state via the internet, and shall not in any manner aid, abet,
1 8 promote, facilitate, or assist with the ordering, sale, or
1 9 distribution of prescription drugs or devices to recipients or
1 10 users of prescription drugs or devices in this state via the
1 11 internet unless the person either holds a valid Iowa pharmacy
1 12 license issued pursuant to section 155A.13 or a valid Iowa
1 13 nonresident pharmacy license issued pursuant to section
1 14 155A.13A. For purposes of this section, "internet" means the
1 15 same as defined in section 4.1.
1 16 2. Any person who violates this section is guilty of a
1 17 class "D" felony.
1 18 3. The board may seek relief pursuant to section 126.4
1 19 restraining any person from violating the provisions of this
1 20 section. In addition to granting a temporary or permanent
1 21 injunction, the court may impose a civil penalty not to exceed
1 22 forty thousand dollars per single transaction up to a maximum
1 23 penalty of one hundred twenty million dollars.
1 24 4. In addition to other remedies provided for in this
1 25 chapter, the court may impose a civil penalty of not more than
1 26 one hundred thousand dollars for each day of intentional
1 27 violation of a temporary restraining order, preliminary
1 28 injunction, or permanent injunction issued under the authority
1 29 of this section.
1 30 5. In addition to other remedies provided for in this
1 31 chapter, the court may order forfeiture to the state of any or
1 32 all assets or proceeds gained or acquired by any person as a
1 33 result of a violation of this section.
1 34 6. The board may refer available evidence concerning a
1 35 possible violation of this section to the attorney general.
2 1 The attorney general, with or without such a referral, may
2 2 institute appropriate criminal proceedings, may refer the case
2 3 to the appropriate county attorney, or may refer the case to
2 4 the appropriate prosecutor in another state or federal
2 5 jurisdiction. Referrals may also be made to appropriate
2 6 federal and foreign authorities.
2 7 7. This section does not apply to a newspaper or other
2 8 print medium in which an advertisement appears, or to a
2 9 broadcast station or other electronic medium which
2 10 disseminates an advertisement unless the medium knowingly
2 11 violates this section.
2 12 Sec. 2. Section 126.5, subsection 1, Code 2003, is amended
2 13 to read as follows:
2 14 1. A person who violates a provision of this chapter,
2 15 other than a violation of section 126.3, subsection 23, or a
2 16 violation of section 126.3A, is guilty of a serious
2 17 misdemeanor; but if the violation is committed after a
2 18 conviction of the person under this section has become final,
2 19 the person is guilty of an aggravated misdemeanor.
2 20 EXPLANATION
2 21 This bill provides for the addition of a new section to
2 22 Code chapter 126, which is concerned with and regulates drugs,
2 23 devices and cosmetics, limiting the sale, offering for sale,
2 24 or distribution of prescription drugs via the internet to
2 25 pharmacies licensed by the Iowa board of pharmacy examiners.
2 26 The bill provides that a person shall not in any manner
2 27 distribute, sell, or offer to distribute or sell prescription
2 28 drugs or devices to recipients or users of prescription drugs
2 29 or devices in the state of Iowa via the internet, or aid,
2 30 abet, promote, facilitate, or assist with the ordering, sale,
2 31 or distribution of such prescription drugs or devices, unless
2 32 the person either holds a valid Iowa pharmacy license issued
2 33 pursuant to Code section 155A.13 or a valid Iowa nonresident
2 34 pharmacy license issued pursuant to Code section 155A.13A.
2 35 The bill provides that the term "internet" means the same as
3 1 defined in Code section 4.1, as referring to the federated
3 2 international system that is composed of allied electronic
3 3 communication networks linked by telecommunication channels,
3 4 that uses standardized protocols, and that facilitates
3 5 electronic communication services, including but not limited
3 6 to use of the world wide web; the transmission of electronic
3 7 mail or messages; the transfer of files and data or other
3 8 electronic information; and the transmission of voice, image,
3 9 and video.
3 10 The bill provides that any person who violates the new Code
3 11 section is guilty of a class "D" felony. The bill also
3 12 provides that the board of pharmacy examiners may seek relief
3 13 pursuant to Code section 126.4 restraining any person from
3 14 violating the provisions of the new Code section, and that in
3 15 addition to injunctive relief, a civil penalty not to exceed
3 16 $40,000 per single transaction up to a maximum penalty of $120
3 17 million may be imposed. The bill also provides that in
3 18 addition to other remedies provided, a civil penalty of not
3 19 more than $100,000 may be imposed for each day of intentional
3 20 violation of a temporary restraining order, preliminary
3 21 injunction, or permanent injunction issued pursuant to the new
3 22 Code section. The bill further provides for forfeiture to the
3 23 state of any or all assets or proceeds gained or acquired by
3 24 violators as a result of a violation, and provides that the
3 25 board may refer available evidence concerning possible
3 26 violations to state or federal authorities for specified
3 27 referral or disposition alternatives.
3 28 The bill provides that these provisions do not apply to a
3 29 newspaper or other print medium in which an advertisement
3 30 appears, or to a broadcast station or other electronic medium
3 31 which disseminates an advertisement, unless the medium
3 32 knowingly violates the provisions.
3 33 LSB 5219DP 80
3 34 rn/pj/5
Text: HSB00619 Text: HSB00621 Text: HSB00600 - HSB00699 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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