House File 2324
HOUSE FILE
BY HEATON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to electronic and facsimile prescriptions and
2 making penalties applicable.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5341YH 80
5 pf/gg/14
PAG LIN
1 1 Section 1. Section 124.101, Code 2003, is amended by
1 2 adding the following new subsections:
1 3 NEW SUBSECTION. 13A. "Electronic prescription" means a
1 4 prescription which is transmitted by a computer device in a
1 5 secure manner, including computer=to=computer transmission and
1 6 computer=to=facsimile transmission.
1 7 NEW SUBSECTION. 13B. "Facsimile prescription" means a
1 8 prescription which is transmitted by a device which sends an
1 9 exact image to the receiver.
1 10 Sec. 2. Section 124.308, subsections 1 and 3, Code 2003,
1 11 are amended to read as follows:
1 12 1. Except when dispensed directly by a practitioner, other
1 13 than a pharmacy, to an ultimate user, no controlled substance
1 14 in schedule II may be dispensed without the written
1 15 prescription of a practitioner or without the electronic or
1 16 facsimile prescription of a practitioner in accordance with
1 17 subsection 1A.
1 18 3. Except when dispensed directly by a practitioner, other
1 19 than a pharmacy, to an ultimate user, a controlled substance
1 20 included in schedule III or IV, which is a prescription drug
1 21 as determined under chapter 155A, shall not be dispensed
1 22 without a written or oral prescription of a practitioner or
1 23 without an electronic or facsimile prescription in accordance
1 24 with subsection 3A. The prescription may not be filled or
1 25 refilled more than six months after the date thereof or be
1 26 refilled more than five times, unless renewed by the
1 27 practitioner.
1 28 Sec. 3. Section 124.308, Code 2003, is amended by adding
1 29 the following new subsections:
1 30 NEW SUBSECTION. 1A. A practitioner, other than a
1 31 pharmacy, or a practitioner's authorized agent may transmit an
1 32 electronic prescription or facsimile prescription to a
1 33 pharmacy for a schedule II controlled substance, provided that
1 34 the electronic prescription complies with section 155A.27 and
1 35 provided that the original signed prescription is presented to
2 1 the pharmacist prior to the dispensing of the schedule II
2 2 controlled substance. If permitted by federal law, and in
2 3 accordance with federal requirements, the electronic or
2 4 facsimile prescription shall serve as the original signed
2 5 prescription and the practitioner shall not provide the
2 6 patient or the patient's authorized representative with a
2 7 signed, written prescription.
2 8 NEW SUBSECTION. 3A. A practitioner, other than a
2 9 pharmacy, or the practitioner's authorized agent may transmit
2 10 an electronic prescription or a facsimile prescription to a
2 11 pharmacy for a schedule III, IV, or V controlled substance,
2 12 provided that the prescription complies with section 155A.27,
2 13 and provided that the original signed prescription is
2 14 presented to the pharmacist prior to the dispensing of the
2 15 controlled substance, or if the prescription is electronic, an
2 16 oral prescription or a facsimile prescription is provided. If
2 17 permitted by federal law, and in accordance with federal
2 18 requirements, the electronic or facsimile prescription shall
2 19 serve as the original signed prescription and the practitioner
2 20 shall not provide the patient or the patient's authorized
2 21 representative with a signed, written prescription.
2 22 Sec. 4. Section 126.2, Code 2003, is amended by adding the
2 23 following new subsections:
2 24 NEW SUBSECTION. 8A. "Electronic prescription" means a
2 25 prescription which is transmitted by a computer device in a
2 26 secure manner, including computer=to=computer transmission and
2 27 computer=to=facsimile transmission.
2 28 NEW SUBSECTION. 8B. "Facsimile prescription" means a
2 29 prescription which is transmitted by a device which sends an
2 30 exact image to the receiver.
2 31 Sec. 5. Section 126.11, subsection 3, paragraph a,
2 32 unnumbered paragraph 2, Code 2003, is amended to read as
2 33 follows:
2 34 Such a drug shall be dispensed only upon a written,
2 35 electronic, or facsimile prescription of a practitioner
3 1 licensed by law to administer the drug, or upon an oral
3 2 prescription of such a practitioner which is reduced promptly
3 3 to writing and filed by the pharmacist, or by refilling any
3 4 such written, electronic, facsimile, or oral prescription if
3 5 the refilling is authorized by the prescriber either in the
3 6 original written, electronic, or facsimile prescription or by
3 7 oral order which is reduced promptly to writing and filed by
3 8 the pharmacist. The act of dispensing a drug contrary to this
3 9 paragraph while the drug is held for sale results in the drug
3 10 being misbranded.
3 11 Sec. 6. Section 126.11, subsection 3, paragraph b, Code
3 12 2003, is amended to read as follows:
3 13 b. A drug dispensed by filling or refilling a written,
3 14 electronic, facsimile, or oral prescription of a practitioner
3 15 licensed by law to administer the drug is exempt from section
3 16 126.10, except subsection 1, subsection 9, paragraphs "b" and
3 17 "c", and subsections 11 and 12, and the packaging requirements
3 18 of subsections 7, 8, and 16, if the drug bears a label
3 19 containing the name and address of the dispenser, the date of
3 20 the prescription or of its filling, the name of the
3 21 prescriber, and, if stated in the prescription, the name of
3 22 the patient, and the directions for use and cautionary
3 23 statements, if any, contained in the prescription. This
3 24 exemption does not apply to a drug dispensed in the course of
3 25 the conduct of the business of dispensing drugs pursuant to
3 26 diagnosis by mail, or to a drug dispensed in violation of
3 27 paragraph "a" of this subsection.
3 28 Sec. 7. Section 126.11, subsection 3, Code 2003, is
3 29 amended by adding the following new paragraph:
3 30 NEW PARAGRAPH. f. All electronic or facsimile
3 31 prescriptions transmitted under this section shall comply with
3 32 section 155A.27.
3 33 Sec. 8. Section 147.107, subsection 2, unnumbered
3 34 paragraph 3, Code Supplement 2003, is amended to read as
3 35 follows:
4 1 A physician, dentist, or podiatric physician who dispenses
4 2 prescription drugs, other than drug samples, pursuant to this
4 3 subsection, shall offer to provide the patient with a written
4 4 prescription that may be dispensed from a pharmacy of the
4 5 patient's choice or offer to transmit the prescription
4 6 electronically or by facsimile in accordance with section
4 7 155A.27 to a pharmacy of the patient's choice.
4 8 Sec. 9. Section 147.108, subsection 1, Code 2003, is
4 9 amended to read as follows:
4 10 1. A person shall not dispense or adapt contact lenses
4 11 without first receiving authorization to do so by a written,
4 12 electronic, or facsimile prescription, except when authorized
4 13 orally under subsection 2, from a person licensed under
4 14 chapter 148, 150, 150A, or 154. The board of optometry
4 15 examiners shall adopt rules relating to electronic or
4 16 facsimile transmission of a prescription under this section.
4 17 Sec. 10. Section 147.109, subsection 1, Code 2003, is
4 18 amended to read as follows:
4 19 1. A person shall not dispense or adapt an ophthalmic
4 20 spectacle lens or lenses without first receiving authorization
4 21 to do so by a written, electronic, or facsimile prescription
4 22 from a person licensed under chapter 148, 150, 150A, or 154.
4 23 For the purpose of this section, "ophthalmic spectacle lens"
4 24 means one which has been fabricated to fill the requirements
4 25 of a particular spectacle lens prescription. The board of
4 26 optometry examiners shall adopt rules relating to electronic
4 27 or facsimile transmission of a prescription under this
4 28 section.
4 29 Sec. 11. Section 155A.3, Code 2003, is amended by adding
4 30 the following new subsections:
4 31 NEW SUBSECTION. 15A. "Electronic order" or "electronic
4 32 prescription" means an order or prescription which is
4 33 transmitted by a computer device in a secure manner, including
4 34 computer=to=computer transmission and computer=to=facsimile
4 35 transmission.
5 1 NEW SUBSECTION. 15B. "Facsimile order" or "facsimile
5 2 prescription" means an order or prescription which is
5 3 transmitted by a device which sends an exact image to the
5 4 receiver.
5 5 Sec. 12. Section 155A.3, subsection 31, Code 2003, is
5 6 amended to read as follows:
5 7 31. "Prescription drug order" means a written, electronic,
5 8 or facsimile order from a practitioner or an oral order from a
5 9 practitioner or the practitioner's authorized agent who
5 10 communicates the practitioner's instructions for a
5 11 prescription drug or device to be dispensed.
5 12 Sec. 13. Section 155A.23, subsection 1, paragraph b, Code
5 13 2003, is amended to read as follows:
5 14 b. Forgery or alteration of a written, electronic, or
5 15 facsimile prescription or of any written, electronic, or
5 16 facsimile order.
5 17 Sec. 14. Section 155A.23, subsection 4, Code 2003, is
5 18 amended to read as follows:
5 19 4. Make or utter any false or forged oral, written,
5 20 electronic, or facsimile prescription or oral, written,
5 21 electronic, or facsimile order.
5 22 Sec. 15. Section 155A.27, subsection 1, unnumbered
5 23 paragraph 1, Code 2003, is amended to read as follows:
5 24 If written, or electronic, or facsimile shall contain:
5 25 Sec. 16. Section 155A.27, Code 2003, is amended by adding
5 26 the following new subsections:
5 27 NEW SUBSECTION. 1A. If electronic:
5 28 a. The practitioner shall ensure that the electronic
5 29 system used to transmit the electronic prescription has
5 30 adequate security and system safeguards designed to prevent
5 31 and detect unauthorized access, modification, or manipulation
5 32 of the prescription.
5 33 b. The practitioner shall provide verbal verification of
5 34 the electronic prescription upon the request of the pharmacy.
5 35 NEW SUBSECTION. 1B. a. If facsimile, in addition to the
6 1 requirements of subsection 1, shall contain all of the
6 2 following:
6 3 (1) The identification number of the facsimile machine
6 4 which is used to transmit the prescription.
6 5 (2) The time and date of transmission of the prescription.
6 6 (3) The name, address, telephone number, and facsimile
6 7 number of the pharmacy to which the prescription is being
6 8 transmitted.
6 9 b. A practitioner shall provide verbal verification of the
6 10 facsimile prescription upon the request of the pharmacy.
6 11 Sec. 17. Section 155A.32, subsections 1 and 3, Code 2003,
6 12 are amended to read as follows:
6 13 1. If an authorized prescriber prescribes, either in
6 14 writing, electronically, by facsimile, or orally, a drug by
6 15 its brand or trade name, the pharmacist may exercise
6 16 professional judgment in the economic interest of the patient
6 17 by selecting a drug product with the same generic name and
6 18 demonstrated bioavailability as the one prescribed for
6 19 dispensing and sale to the patient. If the cost of the
6 20 prescription or any part of it will be paid by expenditure of
6 21 public funds authorized under chapter 249A, the pharmacist
6 22 shall exercise professional judgment by selecting a drug
6 23 product with the same generic name and demonstrated
6 24 bioavailability as the one prescribed for dispensing and sale.
6 25 If the pharmacist exercises drug product selection, the
6 26 pharmacist shall inform the patient of the savings which the
6 27 patient will obtain as a result of the drug product selection
6 28 and pass on to the patient no less than fifty percent of the
6 29 difference in actual acquisition costs between the drug
6 30 prescribed and the drug substituted.
6 31 3. If selection of a generically equivalent product is
6 32 made under this section, the pharmacist making the selection
6 33 shall note that fact and the name of the manufacturer of the
6 34 selected drug on the prescription presented by the patient or
6 35 the patient's adult representative or transmitted by the
7 1 prescriber or the prescriber's authorized agent.
7 2 EXPLANATION
7 3 This bill provides for the electronic and facsimile
7 4 transmission of prescriptions.
7 5 Under the controlled substances chapter of the Code, the
7 6 bill provides that a schedule II controlled substance may be
7 7 dispensed based on an electronic or facsimile prescription, if
7 8 the prescription complies with the requirements for such a
7 9 prescription established under the bill and if the original
7 10 signed prescription is presented to the pharmacist prior to
7 11 the dispensing of the controlled substance. The bill provides
7 12 that if permitted by federal law, and in accordance with
7 13 federal requirements, the electronic or facsimile prescription
7 14 shall serve as the original signed prescription.
7 15 Additionally, the bill provides that a schedule III, IV, or
7 16 V controlled substance may be dispensed based on an electronic
7 17 prescription or a facsimile prescription, provided that the
7 18 prescription complies with requirements established for such
7 19 prescriptions under the bill and provided that if the
7 20 prescription is an electronic or facsimile prescription, the
7 21 original signed prescription is presented to the pharmacist
7 22 prior to the dispensing of the controlled substance, or if the
7 23 prescription is electronic, an oral prescription or a
7 24 facsimile prescription is provided. The bill provides that if
7 25 permitted by federal law, and in accordance with federal
7 26 requirements, the electronic or facsimile prescription shall
7 27 serve as the original signed prescription.
7 28 The bill provides for the use of electronic or facsimile
7 29 prescriptions under the drugs, devices, and cosmetics Code
7 30 chapter and under the drug dispensing, supplying, and
7 31 prescribing provisions of the health=related professions
7 32 chapter of the Code, and provides for the use of electronic
7 33 and facsimile prescriptions related to contact lenses and
7 34 ophthalmic spectacle lenses.
7 35 The bill establishes requirements for the inclusion of
8 1 certain information in an electronic or facsimile transmission
8 2 under the pharmacy chapter, and makes existing penalties
8 3 currently applicable to the forgery, alteration, or falsifying
8 4 of other types of prescriptions under Code section 155A.24,
8 5 applicable to electronic and facsimile prescriptions.
8 6 LSB 5341YH 80
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