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
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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
βiaβ
,
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
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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
βaβ
,
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
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