S.F. _____ H.F. _____ Section 1. NEW SECTION . 155A.2A Board of pharmacy —— 1 alternate members. 2 1. Notwithstanding sections 17A.11, 69.16, 69.16A, 147.12, 3 147.14, and 147.19, the board may have a pool of up to seven 4 alternate members, including members licensed to practice under 5 this chapter and members not licensed to practice under this 6 chapter, to substitute for board members who are disqualified 7 or become unavailable for any reason for contested case 8 hearings. 9 a. The board may recommend, subject to approval by the 10 governor, up to seven people to serve in a pool of alternate 11 members. 12 b. A person serves in the pool of alternate members at 13 the discretion of the board; however, the length of time an 14 alternate member may serve in the pool shall not exceed nine 15 years. A person who serves as an alternate member may later be 16 appointed to the board and may serve nine years, in accordance 17 with sections 147.12 and 147.19. A former board member may 18 serve in the pool of alternate members. 19 c. An alternate member licensed under this chapter shall 20 hold an active license and shall have been actively engaged in 21 the practice of pharmacy in the preceding three years, with the 22 two most recent years of practice being in Iowa. 23 d. When a sufficient number of board members are unavailable 24 to hear a contested case, the board may request alternate 25 members to serve. 26 e. Notwithstanding section 17A.11, section 147.14, 27 subsection 2, and section 272C.6, subsection 5: 28 (1) An alternate member is deemed a member of the board only 29 for the hearing panel for which the alternate member serves. 30 (2) A hearing panel containing alternate members must 31 include at least five people. 32 (3) The majority of a hearing panel containing alternate 33 members shall be members of the board. 34 (4) The majority of a hearing panel containing alternate 35 -1- LSB 1246DP (5) 87 tr/nh/rh 1/ 8

S.F. _____ H.F. _____ members shall be licensed to practice under this chapter. 1 (5) A decision of a hearing panel containing alternate 2 members is considered a final decision of the board. 3 f. An alternate member shall not receive compensation in 4 excess of that authorized by law for a board member. 5 Sec. 2. Section 155A.3, subsection 36, Code 2017, is amended 6 to read as follows: 7 36. “Practitioner” means a physician, dentist, podiatric 8 physician, prescribing psychologist, veterinarian, optometrist, 9 physician assistant, advanced registered nurse practitioner, or 10 other person licensed or registered to prescribe, distribute , 11 or dispense a prescription drug or device in the course of 12 professional practice in this state or a person licensed by 13 another state in a health field in which, under Iowa law, 14 licensees in this state may legally prescribe drugs. 15 Sec. 3. Section 155A.39, Code 2017, is amended to read as 16 follows: 17 155A.39 Programs Program to aid monitor impaired pharmacists, 18 pharmacist-interns, or pharmacy technicians —— reporting, 19 confidentiality, immunity , and funding. 20 1. A person or pharmaceutical peer review committee may 21 report relevant facts to the board relating to the acts of 22 a pharmacist in this state, a pharmacist-intern as defined 23 in section 155A.3, subsection 31 , or a pharmacy technician 24 in this state if the person or peer review committee has 25 knowledge relating to the pharmacist, pharmacist-intern, or 26 pharmacy technician which, in the opinion of the person or 27 pharmaceutical peer review committee, might impair competency 28 due to chemical abuse, chemical dependence, or mental or 29 physical illness, or which might endanger the public health 30 and safety, or which provide grounds for disciplinary action 31 as specified in this chapter and in the rules of the board. 32 The board may establish a review committee and may implement a 33 program to monitor impaired pharmacists, pharmacist-interns, 34 and pharmacy technicians pursuant to section 272C.3, subsection 35 -2- LSB 1246DP (5) 87 tr/nh/rh 2/ 8

S.F. _____ H.F. _____ 1, paragraph “k” . 1 2. A committee of a professional pharmaceutical 2 organization, its staff, or a district or local intervenor 3 participating in a program established to aid pharmacists, 4 pharmacist-interns, or pharmacy technicians impaired by 5 chemical abuse, chemical dependence, or mental or physical 6 illness may report in writing to the board the name of the 7 impaired pharmacist, pharmacist-intern, or pharmacy technician 8 together with pertinent information relating to the impairment. 9 The board may report to a committee of a professional 10 pharmaceutical organization or the organization’s designated 11 staff information which the board receives with regard to a 12 pharmacist, pharmacist-intern, or pharmacy technician who may 13 be impaired by chemical abuse, chemical dependence, or mental 14 or physical illness. 15 3. Upon determination by the board that a report submitted 16 by a peer review committee or a professional pharmaceutical 17 organization committee is without merit, the report shall 18 be expunged from the pharmacist’s, pharmacist-intern’s, or 19 pharmacy technician’s individual record in the board’s office. 20 A pharmacist, pharmacist-intern, pharmacy technician, or an 21 authorized representative of the pharmacist, pharmacist-intern, 22 or pharmacy technician shall be entitled on request to examine 23 the peer review committee report or the pharmaceutical 24 organization committee report submitted to the board and to 25 place into the record a statement of reasonable length of the 26 pharmacist’s, pharmacist-intern’s, or pharmacy technician’s 27 view with respect to any information existing in the report. 28 4. Notwithstanding other provisions of the Code, the 29 records and proceedings of the board, its authorized agents, 30 a peer review committee, or a pharmaceutical organization 31 committee as set out in subsections 1 and 2 shall be privileged 32 and confidential and shall not be considered public records or 33 open records unless the affected pharmacist, pharmacist-intern, 34 or pharmacy technician so requests and shall not be subject 35 -3- LSB 1246DP (5) 87 tr/nh/rh 3/ 8

S.F. _____ H.F. _____ to a subpoena or to a discovery proceeding. The board may 1 disclose the records and proceedings only as follows: 2 a. In a criminal proceeding. 3 b. In a disciplinary hearing before the board or in a 4 subsequent trial or appeal of a board action or order. 5 c. To the pharmacist licensing or disciplinary authorities 6 of other jurisdictions. 7 d. To the pharmacy technician registering, licensing, or 8 disciplinary authorities of other jurisdictions. 9 e. Pursuant to an order of a court of competent 10 jurisdiction. 11 f. Pursuant to subsection 11 . 12 g. As otherwise provided by law. 13 5. 2. An employee or a member of the board, a peer 14 review committee member, a professional pharmaceutical 15 organization committee member, a professional pharmaceutical 16 organization district or local intervenor, or any other person 17 who furnishes information, data, reports, or records in good 18 faith for the purpose of aiding the an impaired pharmacist, 19 pharmacist-intern, or pharmacy technician, shall be immune from 20 civil liability. This immunity from civil liability shall be 21 liberally construed to accomplish the purpose of this section 22 and is in addition to other immunity provided by law. 23 6. 3. An employee or member of the board or a review 24 committee or intervenor program member is presumed to have 25 acted in good faith. A person alleging a lack of good faith has 26 the burden of proof on that issue. 27 7. The board may contract with professional pharmaceutical 28 associations or societies to provide a program for pharmacists, 29 pharmacist-interns, and pharmacy technicians who are impaired 30 by chemical abuse, chemical dependence, or mental or physical 31 illness. Such programs shall include, but not be limited to, 32 education, intervention, and posttreatment monitoring. A 33 contract with a professional pharmaceutical association or 34 society shall include the following requirements: 35 -4- LSB 1246DP (5) 87 tr/nh/rh 4/ 8

S.F. _____ H.F. _____ a. Periodic reports to the board regarding education, 1 intervention, and treatment activities. 2 b. Immediate notification to the board’s executive secretary 3 or director or the executive secretary’s or director’s designee 4 of the identity of the pharmacist, pharmacist-intern, or 5 pharmacy technician who is participating in a program to 6 aid impaired pharmacists, pharmacist-interns, or pharmacy 7 technicians. 8 c. Release to the board’s executive secretary or director or 9 the executive secretary’s or director’s designee upon written 10 request of all treatment records of a participant. 11 d. Quarterly reports to the board, by case number, regarding 12 each participant’s diagnosis, prognosis, and recommendations 13 for continuing care, treatment, and supervision which maintain 14 the anonymity of the participant. 15 e. Immediate reporting to the board of the name of 16 an impaired pharmacist, pharmacist-intern, or pharmacy 17 technician who the treatment organization believes to be an 18 imminent danger to either the public or to the pharmacist, 19 pharmacist-intern, or pharmacy technician. 20 f. Reporting to the board, as soon as possible, the name 21 of a participant who refuses to cooperate with the program, 22 who refuses to submit to treatment, or whose impairment is not 23 substantially alleviated through intervention and treatment. 24 g. Immediate reporting to the board of the name of a 25 participant where additional information is evident that known 26 distribution of controlled substances or legend drugs to other 27 individuals has taken place. 28 8. 4. The board may add a surcharge of not more than ten 29 percent of the applicable fee to a pharmacist license fee, 30 pharmacist license renewal fee, pharmacist-intern registration 31 fee, pharmacy technician registration fee, or pharmacy 32 technician registration renewal fee authorized under this 33 chapter to fund programs a program to aid monitor impaired 34 pharmacists, pharmacist-interns, or pharmacy technicians. 35 -5- LSB 1246DP (5) 87 tr/nh/rh 5/ 8

S.F. _____ H.F. _____ 9. 5. The board may accept, transfer, and expend funds 1 made available by the federal or state government or by another 2 public or private source to be used in programs a program 3 authorized by this section . The board may contract to provide 4 funding on an annual basis to a professional pharmaceutical 5 association or society for expenses incurred in management 6 and operation of a program to aid impaired pharmacists, 7 pharmacist-interns, or pharmacy technicians. Documentation of 8 the use of these funds shall be provided to the board not less 9 than annually for review and comment. 10 10. 6. Funds and surcharges collected under this section 11 shall be deposited in an account and may be used by the 12 board to administer programs a program authorized by this 13 section , including the provision of education, intervention, 14 and posttreatment monitoring to an impaired pharmacist, 15 pharmacist-intern, or pharmacy technician and to pay the 16 administrative costs incurred by the board in connection with 17 that funding and appropriate oversight, but shall not be used 18 for costs incurred for a participant’s initial evaluation, 19 referral services, treatment, or rehabilitation subsequent to 20 intervention. 21 11. 7. The board may disclose that the license of a 22 pharmacist, the registration of a pharmacist-intern, or the 23 registration of a pharmacy technician who is the subject of an 24 order of the board that is confidential pursuant to subsection 25 4 section 272C.6 is suspended, revoked, canceled, restricted, 26 or retired; or that the pharmacist, pharmacist-intern, or 27 pharmacy technician is in any manner otherwise limited in the 28 practice of pharmacy; or other relevant information pertaining 29 to the pharmacist, pharmacist-intern, or pharmacy technician 30 which the board deems appropriate. 31 12. 8. The board may adopt rules necessary for the 32 implementation of this section . 33 Sec. 4. Section 155A.43, Code 2017, is amended to read as 34 follows: 35 -6- LSB 1246DP (5) 87 tr/nh/rh 6/ 8

S.F. _____ H.F. _____ 155A.43 Pharmaceutical collection and disposal program —— 1 annual allocation. 2 Of the fees collected by the board pursuant to sections 3 124.301 and 147.80 and this chapter 155A by the board of 4 pharmacy , and retained by the board pursuant to section 147.82 , 5 not more than one hundred seventy-five thousand dollars may 6 be allocated the board may annually allocate a sum deemed by 7 the board to be adequate for administering the pharmaceutical 8 collection and disposal program originally established 9 pursuant to 2009 Iowa Acts, ch. 175, §9 . The program shall 10 provide for the management and disposal of unused, excess, 11 and expired pharmaceuticals , including the management and 12 disposal of controlled substances pursuant to state and federal 13 regulations . The board of pharmacy may cooperate contract 14 with the Iowa pharmacy association and may consult with the 15 department and sanitary landfill operators in administering one 16 or more vendors for the provision of supplies and services to 17 manage and maintain the program and to safely and appropriately 18 dispose of pharmaceuticals collected through the program . 19 Sec. 5. REPEAL. Section 155A.13B, Code 2017, is repealed. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill permits the board of pharmacy (“board”) to 24 recommend, subject to approval by the governor, a pool of up to 25 seven qualified individuals to serve as alternate board members 26 to ensure the availability of a quorum of board members to 27 hear a contested case. The bill identifies the maximum term 28 for an alternate board member, provides that an individual 29 who previously served on the board may serve as an alternate 30 board member, provides for compensation when the alternate 31 member serves on a hearing panel, establishes requirements 32 for the composition of a hearing panel containing alternate 33 board members, and provides that the decision of a hearing 34 panel containing alternate board members is considered a final 35 -7- LSB 1246DP (5) 87 tr/nh/rh 7/ 8

S.F. _____ H.F. _____ decision of the board. 1 The bill amends the definition of “practitioner” to 2 identify the licensed health care practitioners that are 3 authorized under Iowa law to prescribe, distribute, or dispense 4 prescription drugs and devices to patients in the course of 5 professional practice in this state. 6 The bill amends provisions regarding the program to 7 aid impaired pharmacists, pharmacist-interns, or pharmacy 8 technicians by eliminating specific provisions relating to 9 reporting and establishment of the program and directing 10 that the program be implemented pursuant to Code section 11 272C.3(1)(k), relating generally to the authority of licensing 12 boards to establish licensee review committees. The bill 13 identifies the limited information that may be disclosed 14 regarding the license or registration of any individual subject 15 to monitoring under the program and authorizes the board to 16 adopt rules to implement the Code section. 17 The bill amends provisions relating to the pharmaceutical 18 collection and disposal program to authorize the board to 19 allocate a sum from fees retained by the board to support 20 board activities that the board has determined to be adequate 21 for administering the pharmaceutical collection and disposal 22 program. The bill authorizes the board to contract with one or 23 more vendors to manage and maintain the program in compliance 24 with federal and state regulations. 25 The bill repeals all provisions regarding the registration 26 and regulation of internet pharmacy sites and pharmacies 27 associated or aligned with internet pharmacy sites. 28 -8- LSB 1246DP (5) 87 tr/nh/rh 8/ 8