Text: SSB01107 Text: SSB01109 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 155A.40 CONTINUOUS QUALITY 1 2 IMPROVEMENT PROGRAM. 1 3 1. Each licensed pharmacy shall implement a continuous 1 4 quality improvement program to review pharmacy procedures in 1 5 order to identify methods for addressing pharmacy medication 1 6 errors and for improving patient use of medications and 1 7 patient care services. Under the program, each pharmacy shall 1 8 assess its practices and identify areas for quality 1 9 improvement. 1 10 2. The board shall adopt rules for the administration of a 1 11 continuous quality improvement program. The rules shall 1 12 address all of the following: 1 13 a. Program requirements and procedures. 1 14 b. Program record and reporting requirements. 1 15 c. Any other provisions necessary for the administration 1 16 of a program. 1 17 3. Any record or report generated solely for and 1 18 maintained by a pharmacy as a component of the pharmacy's 1 19 continuous quality improvement program shall not be subject to 1 20 discovery in any civil proceeding. However, this subsection 1 21 shall not prohibit the board or other authorized government 1 22 agency from reviewing or having access to the record or report 1 23 as necessary to protect the public health and safety. 1 24 Sec. 2. NEW SECTION. 155A.41 INTERNET DRUG DELIVERY 1 25 CITATIONS. 1 26 1. A licensee or other person or entity shall not 1 27 dispense, furnish, or cause to be dispensed or furnished a 1 28 prescription drug as defined in section 155A.3, via the 1 29 internet for delivery in this state without a valid 1 30 prescription drug order as defined in section 155A.3, nor with 1 31 a prescription drug order if the licensee, person, or entity 1 32 either knew or reasonably should have known that the 1 33 prescription drug order was not issued pursuant to a valid 1 34 physician-patient relationship, or if the licensee, person, or 1 35 entity did not act in accordance with the requirements of 2 1 section 205.3 and rules established by the board. 2 2 2. The board shall establish by rule procedures relating 2 3 to the investigation of complaints regarding internet drug 2 4 deliveries that do not comply with the provisions of 2 5 subsection 1, and the issuance of citations and imposition of 2 6 penalties for noncompliance. Citations issued by the board 2 7 for noncompliance with subsection 1 shall be in writing, and 2 8 shall specify the violation or violations that have been the 2 9 subject of the allegation of noncompliance, the findings of 2 10 the board, an order of abatement fixing a reasonable time for 2 11 such abatement prior to the issuance of an injunction pursuant 2 12 to section 155A.5, when appropriate, and the imposition of any 2 13 fines, civil penalties, or other disciplinary actions. The 2 14 contested case procedures of chapter 17, the provisions of 2 15 sections 155A.18 and 272C.3, and rules adopted by the board 2 16 shall apply regarding board authority, investigative 2 17 procedures and hearings, and the imposition of fines and 2 18 penalties. Notwithstanding any other provision of law to the 2 19 contrary, a violation of this section may subject the 2 20 licensee, person, or entity to a fine or civil penalty of up 2 21 to twenty-five thousand dollars per occurrence. In assessing 2 22 a fine for a violation of subsection 1, the board shall give 2 23 due consideration to the gravity of the violation, good faith 2 24 of the licensee, person, or entity, and history of previous 2 25 internet drug delivery violations by the licensee, person, or 2 26 entity in this or any other state. 2 27 3. In the event that a citation has been issued to a 2 28 licensee and a fine imposed pursuant to this section, and the 2 29 licensee has not contested the citation nor paid in full the 2 30 fine within thirty days of receipt of the citation, the full 2 31 amount of the assessed fine shall be added to the fee for 2 32 license renewal and the person's license shall not be renewed 2 33 by the board until full payment is received. Any amount due 2 34 under this section may be set off against any claims due the 2 35 licensee, person, or entity as provided in section 421.17, 3 1 subsection 29, and any amount transferred to the board under 3 2 that provision shall be deposited in the fund established 3 3 pursuant to subsection 4. 3 4 4. Fines and civil penalties collected pursuant to this 3 5 section shall be deposited in a special fund established 3 6 within the state treasury under the authority of the board. 3 7 Moneys deposited in the special fund shall be considered 3 8 repayment receipts as defined in section 8.2 and shall be 3 9 utilized by the board for administration and enforcement of 3 10 this section. Funds may be used by the board to investigate 3 11 allegations of noncompliance with this section, to enforce 3 12 orders, and for payment of personal services and related 3 13 expenses of an investigator, attorney general fees and costs, 3 14 and administrative costs incurred by the board. 3 15 Notwithstanding section 8.33, moneys deposited in the special 3 16 fund that remain unencumbered or unobligated at the close of 3 17 the fiscal year shall not revert to any other fund but shall 3 18 remain available for expenditure for the purposes designated 3 19 in future fiscal years. Notwithstanding section 12C.7, 3 20 subsection 2, interest or earnings on moneys deposited into 3 21 the special fund shall be credited to and remain a part of the 3 22 special fund. 3 23 Sec. 3. NEW SECTION. 155A.42 PHARMACY ADVANCEMENT FUND. 3 24 A pharmacy advancement fund is created in the state 3 25 treasury under the control of the board to assist the board in 3 26 promoting, preserving, and protecting the public health, 3 27 safety, and welfare through the effective regulation of the 3 28 practice of pharmacy and the distribution of prescription 3 29 drugs and devices in the state. Amounts appropriated to, 3 30 received by, and deposited in the fund are appropriated to the 3 31 board to assist with the regulation of pharmacy operations, 3 32 the appropriate utilization of pharmacy technicians and other 3 33 pharmacy assistants, and pharmacist education and training. 3 34 Notwithstanding any other provision to the contrary, the board 3 35 may accept, transfer, or expend funds appropriated or made 4 1 available by any public or private source to be used in 4 2 furtherance of the objectives stated in this section. 4 3 Notwithstanding section 8.33, moneys deposited in the fund 4 4 that remain unencumbered or unobligated at the close of the 4 5 fiscal year shall not revert but shall remain available for 4 6 expenditure for the purposes designated in future fiscal 4 7 years. The board shall adopt rules necessary for the 4 8 implementation of this section. 4 9 Sec. 4. Section 272C.6, subsection 6, unnumbered paragraph 4 10 1, Code 2003, is amended to read as follows: 4 11 A board created pursuant to chapter 147, 154A, 155, 169, 4 12 542, 542B, 543B, 543D, 544A, or 544B may charge a fee not to 4 13 exceedseventy-fivetwo hundred fifty dollars for conducting a 4 14 disciplinary hearing pursuant to this chapter which results in 4 15 disciplinary action taken against the licensee by the board, 4 16 and in addition to the fee, may recover from a licensee the 4 17 costs for the following procedures and associated personnel: 4 18 EXPLANATION 4 19 This bill provides for several changes relating to 4 20 pharmaceutical practice and the regulation of licensed 4 21 pharmacists and pharmacies. 4 22 The bill provides that each licensed pharmacy shall 4 23 implement a continuous quality improvement program to review 4 24 pharmacy procedures in order to identify methods for 4 25 addressing pharmacy medication errors and for improving 4 26 patient use of medications and patient care services. The 4 27 bill provides that the board of pharmacy examiners shall adopt 4 28 rules for the administration of the program. 4 29 The bill also establishes a new Code section relating to 4 30 internet prescription drug deliveries. The bill provides that 4 31 a licensee, person, or entity shall not dispense, furnish, or 4 32 cause to be dispensed or furnished a prescription drug via the 4 33 internet for delivery within the state without a prescription 4 34 drug order, nor with a prescription drug order if the 4 35 licensee, person, or entity either knew or reasonably should 5 1 have known that the prescription drug order was not issued 5 2 pursuant to a valid physician-patient relationship, or if the 5 3 licensee, person, or entity did not act in accordance with the 5 4 requirements of Code section 205.3 and rules established by 5 5 the board. Code section 205.3 provides for written 5 6 prescriptions being dispensed only under specified 5 7 circumstances relating to a medical, dental, or veterinary 5 8 purpose. The bill provides that the board of pharmacy 5 9 examiners shall establish by rule procedures relating to the 5 10 investigation of complaints regarding internet drug deliveries 5 11 and the issuance of citations and imposition of penalties for 5 12 noncompliance. The bill provides that the contested case 5 13 procedures of Code chapter 17, penalty provisions of Code 5 14 sections 155A.18 and 272C.3, and rules adopted by the board 5 15 shall apply regarding board authority, investigative 5 16 procedures and hearings, and the imposition of and amount of 5 17 fines and penalties. The bill provides that a fine or penalty 5 18 of up to $25,000 per occurrence could be imposed by the board. 5 19 The bill provides that in assessing a fine, the board shall 5 20 give due consideration to the gravity of the violation, good 5 21 faith of the licensee, person, or entity, and history of 5 22 previous internet drug delivery violations. 5 23 The bill additionally provides that if a licensee has not 5 24 contested a citation and has not paid in full a fine within 30 5 25 days of receipt of a citation, the full amount of the assessed 5 26 fine shall be added to the fee for license renewal and a 5 27 license shall not be renewed by the board until full payment 5 28 is received. The bill further provides that any amount due 5 29 may be set off against any claims for tax refunds or lottery 5 30 winnings due the licensee, person, or entity pursuant to Code 5 31 section 421.17, subsection 29, and the amount transferred to 5 32 the board and deposited in a fund established for 5 33 administration and enforcement of this new Code section. The 5 34 bill provides that the fund would contain the fines and civil 5 35 penalties collected for violation of the internet drug 6 1 delivery policy, and would be used by the board to investigate 6 2 allegations of noncompliance, to enforce orders, and for 6 3 payment of personal services and related expenses of an 6 4 investigator, attorney general fees and costs, and 6 5 administrative costs. The bill provides that the amounts 6 6 deposited would be considered repayment receipts pursuant to 6 7 Code section 8.2. 6 8 The bill provides for the creation of a pharmacy 6 9 advancement fund in the state treasury under the control of 6 10 the board of pharmacy examiners. The bill provides that the 6 11 fund would assist the board in promoting, preserving, and 6 12 protecting the public health, safety, and welfare through the 6 13 effective regulation of the practice of pharmacy and the 6 14 distribution of prescription drugs and devices in the state. 6 15 The bill provides that amounts appropriated to, received by, 6 16 and deposited in the fund are appropriated to the board to 6 17 assist with the regulation of pharmacy operations, the 6 18 appropriate utilization of pharmacy technicians and other 6 19 pharmacy assistants, and pharmacist education and training. 6 20 The bill provides that notwithstanding any other provision to 6 21 the contrary, the board may accept, transfer, and expend funds 6 22 appropriated or made available by any public or private source 6 23 to be used in furtherance of these objectives. The bill 6 24 provides for the adoption by the board of rules relating to 6 25 implementation of provisions relating to the fund. 6 26 The bill also provides for an increase in the amount of the 6 27 fee authorized in Code section 272C.6 to be charged by 6 28 specified boards for conducting a disciplinary hearing from 6 29 $75 to $250. 6 30 LSB 1185DP 80 6 31 rn/cl/14.1
Text: SSB01107 Text: SSB01109 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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