Senate
File
2120
-
Enrolled
Senate
File
2120
AN
ACT
RELATING
TO
CONTROLLED
SUBSTANCES,
INCLUDING
INFORMATION
COLLECTION
AND
REPORTING
REQUIREMENTS
UNDER
THE
IOWA
PRESCRIPTION
MONITORING
PROGRAM.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
124.551,
subsection
2,
paragraph
b,
Code
2020,
is
amended
to
read
as
follows:
b.
The
information
collected
shall
be
used
by
prescribing
practitioners
,
veterinarians,
and
pharmacists
on
a
need-to-know
basis
for
purposes
of
improving
patient
health
care
by
facilitating
early
identification
of
patients
who
may
be
at
Senate
File
2120,
p.
2
risk
for
addiction,
or
who
may
be
using,
abusing,
or
diverting
drugs
for
unlawful
or
otherwise
unauthorized
purposes
at
risk
to
themselves
and
others,
or
who
may
be
appropriately
using
controlled
substances
lawfully
prescribed
for
them
but
unknown
to
the
practitioner.
Sec.
2.
Section
124.553,
subsection
1,
paragraph
a,
subparagraph
(1),
Code
2020,
is
amended
to
read
as
follows:
(1)
A
pharmacist
,
veterinarian,
or
prescribing
practitioner
who
requests
the
information
and
certifies
in
a
form
specified
by
the
board
that
it
is
for
the
purpose
of
providing
medical
or
pharmaceutical
care
to
a
patient
of
the
pharmacist
,
veterinarian,
or
prescribing
practitioner.
A
pharmacist
,
veterinarian,
or
a
prescribing
practitioner
may
delegate
program
information
access
to
another
authorized
individual
or
agent
only
if
that
individual
or
agent
registers
for
program
information
access,
pursuant
to
board
rules,
as
an
agent
of
the
pharmacist
,
veterinarian,
or
prescribing
practitioner.
Board
rules
shall
identify
the
qualifications
for
a
pharmacist’s
,
veterinarian’s,
or
prescribing
practitioner’s
agent
and
shall
limit
the
number
of
agents
to
whom
each
pharmacist
,
veterinarian,
or
prescribing
practitioner
may
delegate
program
information
access.
Sec.
3.
Section
124.553,
subsections
5
and
6,
Code
2020,
are
amended
to
read
as
follows:
5.
Nothing
in
this
section
shall
require
a
pharmacist
,
veterinarian,
or
prescribing
practitioner
to
obtain
information
about
a
patient
from
the
program.
A
pharmacist
,
veterinarian,
or
prescribing
practitioner
does
not
have
a
duty
and
shall
not
be
held
liable
in
damages
to
any
person
in
any
civil
or
derivative
criminal
or
administrative
action
for
injury,
death,
or
loss
to
person
or
property
on
the
basis
that
the
pharmacist
,
veterinarian,
or
prescribing
practitioner
did
or
did
not
seek
or
obtain
or
use
information
from
the
program.
A
pharmacist
,
veterinarian,
or
prescribing
practitioner
acting
reasonably
and
in
good
faith
is
immune
from
any
civil,
criminal,
or
administrative
liability
that
might
otherwise
be
incurred
or
imposed
for
requesting
or
receiving
or
using
information
from
the
program.
Senate
File
2120,
p.
3
6.
The
board
shall
not
charge
a
fee
to
a
pharmacy,
pharmacist,
veterinarian,
or
prescribing
practitioner
for
the
establishment,
maintenance,
or
administration
of
the
program,
including
costs
for
forms
required
to
submit
information
to
or
access
information
from
the
program,
except
that
the
board
may
charge
a
fee
to
an
individual
who
requests
the
individual’s
own
program
information.
A
fee
charged
pursuant
to
this
subsection
shall
not
exceed
the
actual
cost
of
providing
the
requested
information
and
shall
be
considered
a
repayment
receipt
as
defined
in
section
8.2
.
Sec.
4.
Section
124.554,
subsection
1,
paragraph
g,
Code
2020,
is
amended
to
read
as
follows:
g.
Including
all
schedule
II
,
schedule
III,
and
schedule
IV
controlled
substances
,
those
substances
in
schedules
III
and
IV
that
the
advisory
council
and
board
determine
can
be
addictive
or
fatal
if
not
taken
under
the
proper
care
and
direction
of
a
prescribing
practitioner
,
schedule
V
controlled
substances
including
when
dispensed
by
a
pharmacist
without
a
prescription
except
for
sales
of
pseudoephedrine
that
are
reported
to
the
real-time
electronic
repository,
and
opioid
antagonists
,
and
other
prescription
substances
that
the
advisory
council
and
board
determine
can
be
addictive
or
fatal
if
not
taken
under
the
proper
care
and
direction
of
a
prescribing
practitioner
.
Sec.
5.
Section
124.554,
subsection
2,
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
Beginning
January
February
1,
2007
2021
,
and
annually
by
January
February
1
thereafter,
the
board
and
advisory
council
shall
present
to
the
general
assembly
and
the
governor
a
report
prepared
consistent
with
section
124.555,
subsection
3
,
paragraph
“d”
,
which
shall
include
but
not
be
limited
to
the
following:
Sec.
6.
Section
124.554,
subsection
3,
paragraph
a,
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
follows:
Beginning
February
1,
2019,
and
annually
Annually
by
February
1
thereafter
,
the
board
shall
electronically,
and
at
as
low
a
cost
as
possible,
issue
each
prescribing
practitioner
who
prescribed
a
controlled
substance
reported
to
the
program
as
dispensed
in
the
preceding
calendar
year
in
this
state
a
Senate
File
2120,
p.
4
prescribing
practitioner
activity
report
which
shall
include
but
not
be
limited
to
the
following:
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2120,
Eighty-eighth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2020
______________________________
KIM
REYNOLDS
Governor