ARC 1407C
PHARMACY BOARD[657]
Notice of Intended Action
Twenty-five interested persons, a governmental subdivision, an agency or association of 25 or more persons may demand an oral presentation hereon as provided in Iowa Code section 17A.4(1)“b.”
Notice is also given to the public that the Administrative Rules Review Committee may, on its own motion or on written request by any individual or group, review this proposed action under section 17A.8(6) at a regular or special meeting where the public or interested persons may be heard.
Pursuant to the authority of Iowa Code sections 124.301 and 147.76, the Board of Pharmacy hereby gives Notice of Intended Action to amend Chapter 10, “Controlled Substances,” Iowa Administrative Code.
The amendments were approved at the March 12, 2014, regular meeting of the Board of Pharmacy.
The proposed amendments provide pharmacies with flexibility in the date on which the required annual inventory of controlled substances may be completed and clarify when a controlled substances inventory must be completed upon a change of ownership of a pharmacy. The proposed amendments also amend the implementation clause at the end of the chapter to remove references to sections of the Iowa Code that have been repealed.
Requests for waiver or variance of the discretionary provisions of Board rules will be considered pursuant to 657—Chapter 34.
Any interested person may present written comments, data, views, and arguments on the proposed amendments not later than 4:30 p.m.	on April 22, 2014. Such written materials may be sent to Terry Witkowski, Executive Officer, Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688; or by e-mail to terry.witkowski@iowa.gov.
After analysis and review of this rule making, no impact on jobs has been found.
These amendments are intended to implement Iowa Code sections 124.301, 124.306, and 155A.13.
The following amendments are proposed.
	Item 1. Amend subrule 10.35(3) as follows:
	10.35(3) Annual inventory. After the initial inventory is taken, a registrant shall take a new inventory of all stocks of controlled substances on hand at least annually. The annual inventory may be taken on any date that is within one year seven days before or after the date of the previous annual inventory date.
	Item 2. Amend subrule 10.35(4) as follows:
	10.35(4) Change of ownership. Both the current owner and the prospective owner shall be responsible for ensuring that an inventory of all controlled substances is timely completed whenever there is a change of ownership of any pharmacy or drug wholesaler licensed pursuant to Iowa Code section 155A.13 or 155A.17, respectively. The inventory shall be taken following the close of business the last day under terminating ownership and prior to opening for business the first day under the new ownership. The inventory shall serve as the ending inventory for the terminating owner as well as a record of beginning inventory for the new owner.
	Item 3. Amend 657—Chapter 10, implementation sentence, as follows:
These rules are intended to implement Iowa Code sections 124.201, 124.301 to 124.308, 124.402, 124.403, 124.501, 126.2, 126.11, 147.88, 147.95, 147.99, 155A.13, 155A.17, 155A.26, 155A.37, and 205.3.