House File 2026 - Introduced HOUSE FILE 2026 BY BAUDLER A BILL FOR An Act relating to the sale of a pseudoephedrine product at a 1 pharmacy, and providing for penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5459YH (2) 83 jm/rj
H.F. 2026 Section 1. Section 124.212A, subsection 1, Code Supplement 1 2009, is amended by adding the following new paragraph: 2 NEW PARAGRAPH . ia. View the stored information in the 3 repository under section 123.212B and prevent a sale that would 4 result in a violation of section 123.213, subsection 1 or 2. 5 Sec. 2. Section 124.212B, subsection 3, Code Supplement 6 2009, is amended to read as follows: 7 3. A pharmacy, an employee of a pharmacy, or a licensed 8 pharmacist shall not be provided access to the stored 9 information in the electronic central repository for the 10 purpose of preventing a sale that would result in a violation 11 of section 124.213, subsection 1 or 2 . However, a pharmacy, 12 an employee of a pharmacy, or a licensed pharmacist shall be 13 provided access to the stored information for the limited 14 purpose of determining what sales have been made by the 15 pharmacy. A pharmacy, an employee of a pharmacy, or a licensed 16 pharmacist shall not be given the obligation or duty to view 17 the stored information. 18 Sec. 3. Section 124.213, Code Supplement 2009, is amended by 19 adding the following new subsection: 20 NEW SUBSECTION . 3. An employee of a pharmacy or a licensed 21 pharmacist who sells a pseudoephedrine product to a person 22 in violation of section 124.212A, subsection 1, paragraph 23 β€œia” , commits a simple misdemeanor punishable as a scheduled 24 violation pursuant to section 805.8C, subsection 6. It shall 25 be an affirmative defense that if at the time of sale the 26 electronic repository established in section 124.212B is not 27 functioning in order for the stored information to be viewed 28 properly. 29 Sec. 4. Section 124.213, subsection 3, Code Supplement 30 2009, is amended to read as follows: 31 3. 4. A person who violates this section subsection 1 or 32 2 commits a serious misdemeanor. 33 Sec. 5. Section 805.8C, subsection 6, unnumbered paragraph 34 1, Code Supplement 2009, is amended to read as follows: 35 -1- LSB 5459YH (2) 83 jm/rj 1/ 2
H.F. 2026 For violations of section 124.213, subsection 3, by an 1 employee of a pharmacy or licensed pharmacist, for violations 2 of section 126.23A, subsection 1, by an employee of a retailer, 3 or for violations of section 126.23A, subsection 2, paragraph 4 β€œa” , by a purchaser, the scheduled fine is as follows: 5 EXPLANATION 6 This bill relates to the sale of a pseudoephedrine product 7 at a pharmacy. 8 The bill requires an employee of a pharmacy or a licensed 9 pharmacist to view stored pseudoephedrine sale information 10 in the electronic repository to monitor and control the sale 11 of pseudoephedrine products. Under the bill, an employee 12 of a pharmacy or a licensed pharmacist is required, at the 13 point of the sale of a pseudoephedrine product, to view the 14 stored information in the electronic repository under Code 15 section 123.212B in order to prevent a sale that would result 16 in a purchaser violating the pseudoephedrine purchase limits 17 established in Code section 124.213(1) or (2). 18 An employee of a pharmacy or a licensed pharmacist who 19 violates the bill commits a simple misdemeanor punishable as 20 a scheduled violation. A scheduled fine is not punishable by 21 a term of confinement. The bill establishes the fine for a 22 first offense at $100, a second offense at $250, and a third or 23 subsequent offense at $500. 24 An employee of a pharmacy or a licensed pharmacist does not 25 violate the bill if the electronic repository established to 26 monitor and control the sale of a pseudoephedrine product is 27 not functioning at the time the pseudoephedrine product is 28 sold. 29 -2- LSB 5459YH (2) 83 jm/rj 2/ 2