Senate File 453 H-8141 Amend the amendment, H-8086, to Senate File 453, as 1 passed by the Senate, as follows: 2 1. Page 2, after line 9 by inserting: 3 < c. The board shall not issue a special or 4 limited-use pharmacy license to a proposed telepharmacy 5 site if a licensed pharmacy that dispenses prescription 6 drugs to outpatients is located within ten miles of 7 the proposed telepharmacy site unless the proposed 8 telepharmacy site is located on property owned, 9 operated, or leased by the state or unless the proposed 10 telepharmacy site is located within a hospital campus 11 and is limited to inpatient dispensing. The mileage 12 requirement does not apply to a telepharmacy site that 13 has been approved by the board and is operating as a 14 telepharmacy prior to July 1, 2016. 15 d. An applicant seeking a special or limited-use 16 pharmacy licensed for a proposed telepharmacy site that 17 does not meet the mileage requirement established in 18 paragraph “c” and is not statutorily exempt from the 19 mileage requirement may apply to the board for a waiver 20 of the mileage requirement. A waiver request shall 21 only be granted if the applicant can demonstrate to the 22 board that the proposed telepharmacy site is located 23 in an area where there is limited access to pharmacy 24 services and can establish the existence of compelling 25 circumstances that justify waiving the mileage 26 requirement. The board’s decision to grant or deny a 27 waiver request shall be a proposed decision subject to 28 mandatory review by the director of the department of 29 public health. The director shall review a proposed 30 decision and shall have the power to approve, modify, 31 or veto a proposed decision. The director’s decision 32 on a waiver request shall be considered final agency 33 action subject to judicial review under chapter 17A. > 34 2. Page 2, line 10, by striking < c. > and inserting 35 -1- H8086.3189 (2) 86 tr/sc 1/ 2 #1.