Senate File 237 - Enrolled




                                         SENATE FILE 237

                             AN ACT
 RELATING TO PSEUDOEPHEDRINE PRODUCT SALES BY PHARMACIES AND
    RETAILERS, AND PROVIDING PENALTIES AND CONTINGENT
    APPLICABILITY.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.101, Code 2009, is amended by
 adding the following new subsection:
    NEW SUBSECTION.  20A.  "Office" means the governor's office
 of drug control policy, as referred to in section 80E.1.
    Sec. 2.  Section 124.212, subsection 4, paragraph c, Code
 2009, is amended to read as follows:
    c.  Pseudoephedrine.  A person shall present a
 government=issued photo identification card when purchasing a
 pseudoephedrine product from a pharmacy.  A person shall not
 purchase more than seven thousand five hundred milligrams of
 pseudoephedrine, either separately or collectively, within a
 thirty=day period a quantity of pseudoephedrine in violation
 of section 124.213 from a pharmacy, unless the person has a
 prescription for a pseudoephedrine product in excess of that
 quantity.  A pseudoephedrine product not excepted from this
 schedule shall be sold by a pharmacy as provided in section
 124.212A.
    Sec. 3.  NEW SECTION.  124.212A  PHARMACY PSEUDOEPHEDRINE
 SALE == RESTRICTIONS == RECORDS == CONTINGENT APPLICABILITY.
    1.  A pharmacy, an employee of a pharmacy, or a licensed
 pharmacist shall do the following:
    a.  Provide for the sale of a pseudoephedrine product in a
 locked cabinet or behind the sales counter where the public is
 unable to reach the product and where the public is not
 permitted.
    b.  Require the purchaser to present a governmental=issued
 photo identification card identifying the purchaser prior to
 purchasing a pseudoephedrine product.
    c.  Provide an electronic logbook for purchasers of
 pseudoephedrine products to sign.
    d.  Require the purchaser to sign the electronic logbook.
 If the electronic logbook is not available, require a
 signature that is associated with a transaction number.
    e.  Enter the purchaser's name, address, date of purchase,
 time of purchase, name of the pseudoephedrine product
 purchased, and the quantity sold in the electronic logbook.
 If the electronic logbook is unavailable, an alternative
 record shall be kept that complies with the rules adopted by
 both the office and the board.
    f.  Determine that the signature in the electronic logbook
 corresponds with the name on the government=issued photo
 identification card.
    g.  Provide notice that a purchaser entering a false
 statement or misrepresentation in the electronic logbook may
 subject the purchaser to criminal penalties under 18 U.S.C. }
 1001.
    h.  Keep electronic logbook records and any other records
 obtained from pseudoephedrine purchases if the electronic
 logbook is unavailable for twenty=four months from the date of
 the last entry.
    i.  Disclose electronic logbook information and any other
 pseudoephedrine purchase records as provided by state and
 federal law.
    j.  Comply with training requirements pursuant to federal
 law.
    2.  This section is not applicable unless sufficient
 funding is received to implement and maintain the statewide
 real=time central repository and the office establishes the
 statewide real=time central repository.  However, subsection
 1, paragraph "h" is applicable upon the effective date of this
 Act.
    Sec. 4.  NEW SECTION.  124.212B  PSEUDOEPHEDRINE SALES ==
 TRACKING == PENALTY == CONTINGENT APPLICABILITY.
    1.  The office shall establish a real=time electronic
 repository to monitor and control the sale of schedule V
 products containing any detectible amount of pseudoephedrine,
 its salts, or optical isomers, or salts of optical isomers;
 ephedrine; or phenylpropanolamine.  A pharmacy dispensing such
 products shall report all such sales electronically to a
 central repository under the control of the office.
    2.  The information collected in the central repository is
 confidential unless otherwise ordered by a court, or released
 by the lawful custodian of the records pursuant to state or
 federal law.
    3.  A pharmacy, an employee of a pharmacy, or a licensed
 pharmacist shall not be provided access to the stored
 information in the electronic central repository.  However, a
 pharmacy, an employee of a pharmacy, or a licensed pharmacist
 shall be provided access to the stored information for the
 limited purpose of determining what sales have been made by
 the pharmacy.  A pharmacy, an employee of a pharmacy, or a
 licensed pharmacist shall not be given the obligation or duty
 to view the stored information.
    4.  A pharmacy, or an employee of a pharmacy, or a licensed
 pharmacist shall not be given the obligation or duty to seek
 information from the central repository if the real=time
 electronic logbook becomes unavailable for use.
    5.  If the electronic logbook is unavailable for use, a
 paper record for each sale shall be maintained including the
 purchaser's signature.  Any paper record maintained by the
 pharmacy shall be provided to the office for inclusion in the
 electronic real=time central repository as soon as
 practicable.
    6.  A pharmacy, or an employee of a pharmacy, or a licensed
 pharmacist shall not be liable, if acting reasonably and in
 good faith, to any person for any claim which may arise when
 reporting sales of products enumerated in subsection 1 to the
 central repository.
    7.  A person who discloses information stored in the
 central repository in violation of this section commits a
 simple misdemeanor.
    8.  Both the office and the board shall adopt rules to
 administer this section.
    9.  The office and the board shall report to the board on
 an annual basis, beginning January 1, 2010, regarding the
 repository, including the effectiveness of the repository in
 discovering unlawful sales of pseudoephedrine products.
    10.  This section is not applicable unless sufficient
 funding is received to implement and maintain this section and
 the office establishes the statewide real=time central
 repository.
    Sec. 5.  NEW SECTION.  124.212C  PSEUDOEPHEDRINE ADVISORY
 COUNCIL == ELECTRONIC MONITORING.
    1.  The office shall establish a pseudoephedrine advisory
 council to provide input and advise the office regarding the
 implementation and maintenance of the statewide real=time
 central repository established under section 124.212B to
 monitor sales of pseudoephedrine.  The office shall specify
 the duties, responsibilities, and other related matters of the
 advisory council.
    2.  a.  The council shall consist of four licensed
 pharmacists.  The office shall solicit recommendations for
 membership on the council from the Iowa pharmacy association
 and Iowa retail federation, and shall appoint members from the
 recommendations.  The council shall include a member from an
 independent pharmacy, a member from a regional chain pharmacy,
 and a member from a national chain pharmacy.  The license of
 any member must be current and not subject to disciplinary
 sanctions.
    b.  The council shall also consist of four members of the
 general assembly serving as ex officio, nonvoting members, one
 representative to be appointed by the speaker of the house of
 representatives, one representative to be appointed by the
 minority leader of the house of representatives, one senator
 to be appointed by the majority leader of the senate after
 consultation with the president of the senate, and one senator
 to be appointed by the minority leader of the senate.
    3.  The council may make recommendations regarding the
 implementation and maintenance of the statewide real=time
 central repository monitoring system under section 124.212B.
    4.  The council shall do the following:
    a.  Assist the office in implementing and maintaining the
 statewide real=time central repository monitoring system.
    b.  Assist the office in developing utilization guidance
 related to the statewide real=time central repository
 monitoring system and disseminating such guidance.
    c.  Assist the office in developing guidelines to ensure
 patient confidentiality and the integrity of the relationship
 established by the patient and the patient's health care
 provider.
    5.  All members of the council shall receive actual and
 necessary expenses incurred in the performance of their
 duties.
    Sec. 6.  Section 124.213, Code 2009, is amended by striking
 the section and inserting in lieu thereof the following:
    124.213  PSEUDOEPHEDRINE PURCHASE RESTRICTIONS FROM
 PHARMACY OR RETAILER == PENALTY.
    1.  A person shall not purchase more than three thousand
 six hundred milligrams of pseudoephedrine, either separately
 or collectively, within a twenty=four=hour period from a
 pharmacy, or more than one package of a product containing
 pseudoephedrine within a twenty=four hour period from a
 retailer in violation of section 126.23A.
    2.  A person shall not purchase more than seven thousand
 five hundred milligrams of pseudoephedrine, either separately
 or collectively, within a thirty=day period from a pharmacy or
 from a retailer in violation of section 126.23A.
    3.  A person who violates this section commits a serious
 misdemeanor.
    Sec. 7.  Section 126.23A, subsection 1, paragraph a,
 subparagraph (1), Code 2009, is amended by striking the
 subparagraph and inserting in lieu thereof the following:
    (1)  Sell more than seven thousand five hundred milligrams
 of pseudoephedrine to the same person within a thirty=day
 period.
    Sec. 8.  Section 126.23A, subsection 1, paragraph b, Code
 2009, is amended to read as follows:
    b.  A retailer or an employee of a retailer shall do the
 following:
    (1)  Provide for the sale of a pseudoephedrine product in a
 locked cabinet or behind a sales counter where the public is
 unable to reach the product and where the public is not
 permitted.
    (2)  Require a purchaser to present a government=issued
 photo identification card identifying the purchaser prior to
 purchasing a pseudoephedrine product.
    (3)  Require the purchaser to sign a logbook and to also
 require the purchaser to legibly print the purchaser's name
 and address in the logbook.
    (4)  Print the name of the pseudoephedrine product
 purchased and quantity sold next to the name of each purchaser
 in the logbook.
    (4)  (5)  Determine the signature in the logbook
 corresponds with the name on the government=issued photo
 identification card.
    (5)  (6)  Keep the logbook twelve twenty=four months from
 the date of the last entry.
    (6)  (7)  Provide notification in a clear and conspicuous
 manner in a location where a pseudoephedrine product is
 offered for sale stating the following:
    Iowa law prohibits the over=the=counter purchase of more
 than one package of a product containing pseudoephedrine in a
 twenty=four=hour period or of more than seven thousand five
 hundred milligrams of pseudoephedrine within a thirty=day
 period.  If you purchase a product containing pseudoephedrine,
 you are required to sign a logbook which may be accessible to
 law enforcement officers.
    (8)  Provide notification affixed to the logbook stating
 that a purchaser entering a false statement or
 misrepresentation in the logbook may subject the purchaser to
 criminal penalties under 18 U.S.C. } 1001.
    (9)  Disclose logbook information as provided by state and
 federal law.
    (10)  Comply with training requirements pursuant to federal
 law.
    Sec. 9.  CONTINGENT APPLICABILITY == GOVERNOR'S OFFICE OF
 DRUG CONTROL POLICY AND CODE EDITOR RESPONSIBILITIES.
    1.  The governor's office of drug control policy shall
 notify the Code editor when the establishment of the
 repository on a statewide basis is complete.
    2.  When the establishment of the central repository on a
 statewide basis is complete, the Code editor is directed to
 remove section 124.212A, subsection 2, and section 124.212B,
 subsection 10, from the Code and to internally renumber the
 sections as necessary.


                                                             
                               JOHN P. KIBBIE
                               President of the Senate


                                                             
                               PATRICK J. MURPHY
                               Speaker of the House

    I hereby certify that this bill originated in the Senate and
 is known as Senate File 237, Eighty=third General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2009


                                
 CHESTER J. CULVER
 Governor

                             -1-