House
File
514
-
Enrolled
House
File
514
AN
ACT
RELATING
TO
THE
PRACTICE
OF
PHARMACY,
AND
PROVIDING
FOR
A
REPEAL.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
DIVISION
I
PHARMACY
TECHNICIANS
AND
PHARMACY
SUPPORT
PERSONS
——
REGISTRATION
AND
DELEGATION
OF
FUNCTIONS
Section
1.
Section
147.107,
subsection
2,
paragraph
d,
Code
2021,
is
amended
to
read
as
follows:
d.
A
pharmacist
who
dispenses
prescription
drugs,
including
but
not
limited
to
controlled
substances,
for
human
use,
may
delegate
nonjudgmental
dispensing
functions
only
when
verification
of
the
accuracy
and
completeness
of
the
dispensing
is
determined
by
the
pharmacist
in
the
pharmacist’s
physical
presence.
The
pharmacist’s
verification
of
the
accuracy
of
the
prescription
drug
dispensed
shall
not
be
required
when
verified
by
a
certified
pharmacy
technician
in
a
technician
product
verification
program
or
a
tech-check-tech
program
as
defined
in
section
155A.3
.
The
pharmacist’s
physical
presence
shall
not
be
required
when
the
pharmacist
is
remotely
supervising
pharmacy
personnel
operating
in
an
approved
a
licensed
House
File
514,
p.
2
telepharmacy
site
or
when
utilizing
an
automated
dispensing
system
that
utilizes
an
internal
quality
control
assurance
plan.
When
utilizing
a
technician
product
verification
program
or
tech-check-tech
program
,
or
when
remotely
supervising
pharmacy
personnel
operating
at
an
approved
a
licensed
telepharmacy
site,
the
pharmacist
shall
utilize
an
internal
quality
control
assurance
plan,
in
accordance
with
rules
adopted
by
the
board
of
pharmacy,
that
ensures
accuracy
for
dispensing.
Automated
dispensing
verification,
technician
product
verification,
and
telepharmacy
practice
accuracy
and
completeness
remains
the
responsibility
of
the
pharmacist
and
shall
be
determined
in
accordance
with
rules
adopted
by
the
board
of
pharmacy.
Sec.
2.
Section
155A.3,
Code
2021,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
35A.
“Pharmacy
support
person”
means
a
person,
other
than
a
licensed
pharmacist,
a
registered
pharmacist-intern,
or
a
registered
pharmacy
technician,
who
may
perform
nontechnical
duties
assigned
by
a
supervising
pharmacist
under
the
pharmacist’s
responsibility
and
supervision.
Sec.
3.
Section
155A.3,
subsection
46,
Code
2021,
is
amended
by
striking
the
subsection.
Sec.
4.
Section
155A.6A,
subsections
3
and
4,
Code
2021,
are
amended
to
read
as
follows:
3.
A
person
who
is
in
the
process
of
acquiring
national
certification
as
a
pharmacy
technician
and
who
is
in
training
to
become
a
pharmacy
technician
shall
register
with
the
board
as
a
pharmacy
technician.
The
registration
shall
be
issued
for
a
period
not
to
exceed
one
year
and
shall
not
be
renewable.
4.
The
board
shall
adopt
rules
in
accordance
with
chapter
17A
on
matters
pertaining
to
pharmacy
technician
registration,
application,
forms,
renewals,
fees,
termination
of
registration,
tech-check-tech
programs,
technician
product
verification
programs,
national
certification,
training,
and
any
other
relevant
matters.
Sec.
5.
Section
155A.33,
Code
2021,
is
amended
to
read
as
follows:
House
File
514,
p.
3
155A.33
Delegation
of
technical
functions.
A
pharmacist
may
delegate
any
technical
dispensing
functions
to
pharmacy
technicians
and
any
nontechnical
functions
to
pharmacy
support
persons
,
but
only
if
the
pharmacist
is
physically
present
available
to
verify
the
accuracy
and
completeness
provide
professional
oversight
of
the
patient’s
prescription
prior
to
the
delivery
of
the
prescription
to
the
patient
or
the
patient’s
representative
delegated
functions
performed
by
the
pharmacy
technician
or
pharmacy
support
person
.
However,
the
physical
presence
requirement
does
not
apply
when
a
pharmacist
is
utilizing
an
automated
dispensing
system
or
a
technician
product
verification
program
or
when
a
pharmacist
is
remotely
supervising
a
certified
pharmacy
technician
practicing
at
a
telepharmacy
site
approved
by
the
board.
When
using
an
automated
dispensing
system
or
a
technician
product
verification
program,
or
when
remotely
supervising
a
certified
pharmacy
technician
practicing
at
an
approved
telepharmacy
site,
the
pharmacist
shall
utilize
an
internal
quality
control
assurance
plan
that
ensures
accuracy
for
dispensing.
Verification
of
automated
dispensing,
technician
product
verification,
and
telepharmacy
practice
accuracy
and
completeness
remains
the
responsibility
of
the
pharmacist
and
shall
be
determined
in
accordance
with
rules
adopted
by
the
board.
DIVISION
II
OUTSOURCING
FACILITY
LICENSE
Sec.
6.
Section
155A.13C,
subsection
1,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
e.
Submit
evidence
of
a
satisfactory
inspection
conducted
by
the
home
state
regulatory
authority
or
an
entity
approved
by
the
board
in
the
two-year
period
immediately
preceding
the
application
which
demonstrates
compliance
with
current
good
manufacturing
practices.
In
addition,
the
applicant
shall
submit
evidence
of
correction
of
all
deficiencies
discovered
in
such
inspections
and
evidence
of
compliance
with
all
directives
from
the
home
state
regulatory
authority
or
entity
approved
by
the
board.
The
board
may
recover
from
an
outsourcing
facility,
prior
to
the
issuance
of
a
license
or
license
renewal,
the
costs
associated
with
House
File
514,
p.
4
conducting
an
inspection
by
or
on
behalf
of
the
board
for
purposes
of
satisfying
the
requirements
of
this
paragraph.
DIVISION
III
INFORMATION
SHARING
Sec.
7.
Section
155A.45,
Code
2021,
is
amended
to
read
as
follows:
155A.45
Inspection
reports
Reports
——
disclosure.
1.
Notwithstanding
section
272C.6,
subsection
4
,
paragraph
“a”
,
an
inspection
report
in
possession
of
the
board,
regardless
of
whether
the
report
is
based
on
a
routine
inspection
or
an
inspection
prompted
by
one
or
more
complaints,
may
be
disclosed
to
the
national
association
of
boards
of
pharmacy’s
inspection
network.
2.
Notwithstanding
section
272C.6,
subsection
4,
paragraph
“a”
,
any
complaints,
investigative
information,
or
data
collected
pertaining
to
compounded
human
drug
products
may
be
disclosed
to
the
United
States
food
and
drug
administration,
including
through
the
use
of
an
information
sharing
network,
in
order
to
comply
with
any
memorandum
of
understanding
with
the
United
States
food
and
drug
administration.
DIVISION
IV
PHARMACY
PILOT
OR
DEMONSTRATION
RESEARCH
PROJECTS
Sec.
8.
NEW
SECTION
.
155A.47
Pilot
or
demonstration
research
projects.
1.
Notwithstanding
any
provision
of
section
147.107,
subsection
2,
or
section
155A.33
to
the
contrary,
the
board
may
approve
a
pilot
or
demonstration
research
project
of
innovative
applications
in
the
practice
of
pharmacy
to
provide
enhanced
patient
care.
2.
The
board
shall
adopt
rules
pursuant
to
chapter
17A
for
application
for
and
approval
of
such
projects.
The
rules
may
include
exceptions
to
any
existing
rules
under
the
purview
of
the
board
as
necessary
for
completion
of
the
project,
limited
to
the
duration
of
the
project.
The
board
may
approve
a
project
for
no
more
than
eighteen
months.
The
board
may
extend
or
renew
a
project
in
accordance
with
board
rules.
All
projects
shall
comply
with
the
rules
adopted
for
such
projects.
3.
The
board
shall
not
approve
any
project
that
expands
the
practice
of
pharmacy
as
defined
in
section
155A.3.
House
File
514,
p.
5
Sec.
9.
REPEAL.
2011
Iowa
Acts,
chapter
63,
section
36,
is
repealed.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
514,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor