House File 34HOUSE FILE BY HEDDENS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the sale of a pseudoephedrine product by a 2 pharmacy or retailer, and providing penalties and contingent 3 applicability. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1251HH 83 6 jm/rj/14 PAG LIN 1 1 Section 1. Section 124.212, subsection 4, paragraph c, 1 2 Code 2009, is amended to read as follows: 1 3 c. Pseudoephedrine. A person shall present a 1 4 government=issued photo identification card when purchasing a 1 5 pseudoephedrine product from a pharmacy. A person shall not 1 6 purchase more than seven thousand five hundred milligrams of 1 7 pseudoephedrine, either separately or collectively, within a 1 8 thirty=day perioda quantity of pseudoephedrine in violation 1 9 of section 124.213 from a pharmacy, unless the person has a 1 10 prescription for a pseudoephedrine product in excess of that 1 11 quantity. A pseudoephedrine product not excepted from this 1 12 schedule shall be sold by a pharmacy as provided in section 1 13 124.212A. 1 14 Sec. 2. NEW SECTION. 124.212A PHARMACY PSEUDOEPHEDRINE 1 15 SALE == RESTRICTIONS == RECORDS == CONTINGENT APPLICABILITY. 1 16 1. A pharmacy, an employee of a pharmacy, or a licensed 1 17 pharmacist shall do the following: 1 18 a. Provide for the sale of a pseudoephedrine product in a 1 19 locked cabinet or behind the sales counter where the public is 1 20 unable to reach the product and where the public is not 1 21 permitted. 1 22 b. Require the purchaser to present a government=issued 1 23 photo identification card identifying the purchaser prior to 1 24 purchasing a pseudoephedrine product. 1 25 c. Provide an electronic logbook for purchasers of 1 26 pseudoephedrine products to sign. 1 27 d. Require the purchaser to sign the electronic logbook. 1 28 If the electronic logbook is not available, require a 1 29 signature that is associated with a transaction number. 1 30 e. Enter the purchaser's name, address, date of purchase, 1 31 time of purchase, name of the pseudoephedrine product 1 32 purchased, and the quantity sold in the electronic logbook. 1 33 If the electronic logbook is unavailable, an alternative 1 34 record shall be kept that complies with rules adopted by the 1 35 board. 2 1 f. Determine that the signature in the electronic logbook 2 2 corresponds with the name on the government=issued photo 2 3 identification card. 2 4 g. Provide notice that a purchaser entering a false 2 5 statement or misrepresentation in the electronic logbook may 2 6 subject the purchaser to criminal penalties under 18 U.S.C. } 2 7 1001. 2 8 h. Keep electronic logbook records and any other records 2 9 obtained if the electronic logbook is unavailable for 2 10 twenty=four months from the date of the last entry. 2 11 i. Disclose electronic logbook information and any other 2 12 associated records as provided by state and federal law. 2 13 j. Comply with training requirements pursuant to federal 2 14 law. 2 15 2. This section is not applicable unless sufficient 2 16 funding is received to implement and maintain the statewide 2 17 real=time central repository and the board establishes the 2 18 statewide real=time central repository. However, subsection 2 19 1, paragraph "h" is applicable upon the effective date of this 2 20 Act. 2 21 Sec. 3. NEW SECTION. 124.212B PSEUDOEPHEDRINE SALES == 2 22 TRACKING == PENALTY == CONTINGENT APPLICABILITY. 2 23 1. The board shall establish a real=time electronic 2 24 repository to monitor and control the sale of schedule V 2 25 products containing any detectible amount of pseudoephedrine, 2 26 its salts, or optical isomers, or salts of optical isomers; 2 27 ephedrine; or phenylpropanolamine. A pharmacy dispensing such 2 28 products shall report all such sales electronically to a 2 29 central repository under the control of the board. 2 30 2. The information collected in the central repository is 2 31 confidential unless otherwise ordered by a court, or released 2 32 by the lawful custodian of the records pursuant to this 2 33 section. 2 34 3. A pharmacy, an employee of a pharmacy, or a licensed 2 35 pharmacist shall not be provided access to the stored 3 1 information in the electronic central repository, except for 3 2 the purpose of obtaining sufficient information for a 3 3 pharmacy, an employee of a pharmacy, or a licensed pharmacist 3 4 to determine whether to complete the sale of the product. A 3 5 pharmacy, an employee of a pharmacy, or a licensed pharmacist 3 6 shall not be given the obligation or duty to view the stored 3 7 information. 3 8 4. A pharmacy, or an employee of a pharmacy, or a licensed 3 9 pharmacist shall not be given the obligation or duty to seek 3 10 information from the central repository if the real=time 3 11 electronic logbook becomes unavailable for use. 3 12 5. If the electronic logbook is unavailable for use, a 3 13 paper record for each sale shall be maintained including the 3 14 purchaser's signature. Any paper record maintained by the 3 15 pharmacy shall be provided to the board for inclusion in the 3 16 electronic real=time central repository as soon as 3 17 practicable. 3 18 6. A pharmacy, or an employee of a pharmacy, or a licensed 3 19 pharmacist shall not be liable, if acting reasonably and in 3 20 good faith, to any person for any claim which may arise when 3 21 reporting sales of products enumerated in subsection 1 to the 3 22 central repository. 3 23 7. A person who discloses information stored in the 3 24 central repository in violation of this section commits a 3 25 simple misdemeanor. 3 26 8. The board shall adopt rules to administer this section. 3 27 9. This section is not applicable unless sufficient 3 28 funding is received to implement and maintain this section and 3 29 the board establishes the statewide real=time central 3 30 repository. 3 31 Sec. 4. NEW SECTION. 124.212C PSEUDOEPHEDRINE ADVISORY 3 32 COUNCIL == ELECTRONIC MONITORING. 3 33 1. The board shall establish a pseudoephedrine advisory 3 34 council to provide input and advise the board regarding the 3 35 implementation and maintenance of the statewide real=time 4 1 central repository established under section 124.212B to 4 2 monitor sales of pseudoephedrine. The board shall specify the 4 3 duties, responsibilities, and other related matters of the 4 4 council. 4 5 2. The council shall consist of four licensed pharmacists. 4 6 The board shall solicit recommendations for membership on the 4 7 council from the Iowa pharmacy association and Iowa retail 4 8 federation, and shall appoint members from the 4 9 recommendations. The council shall include a member from an 4 10 independent pharmacy, a member from a regional chain pharmacy, 4 11 and a member from a national chain pharmacy. The license of 4 12 any member must be current and not subject to disciplinary 4 13 sanctions. 4 14 3. The council may make recommendations regarding the 4 15 implementation and maintenance of the statewide real=time 4 16 central repository monitoring system under section 124.212B. 4 17 4. The council shall do the following: 4 18 a. Assist the board in implementing and maintaining the 4 19 statewide real=time central repository monitoring system. 4 20 b. Assist the board in developing utilization guidance 4 21 related to the statewide real=time central repository 4 22 monitoring system and disseminating such guidance. 4 23 c. Assist the board in developing guidelines to ensure 4 24 patient confidentiality and the integrity of the relationship 4 25 established by the patient and the patient's health care 4 26 provider. 4 27 5. All members of the council shall receive actual and 4 28 necessary expenses incurred in the performance of their 4 29 duties. 4 30 Sec. 5. Section 124.213, Code 2009, is amended by striking 4 31 the section and inserting in lieu thereof the following: 4 32 124.213 PSEUDOEPHEDRINE PURCHASE RESTRICTIONS FROM 4 33 PHARMACY OR RETAILER == PENALTY. 4 34 1. A person shall not purchase more than three thousand 4 35 six hundred milligrams of pseudoephedrine, either separately 5 1 or collectively, within a twenty=four=hour period from a 5 2 pharmacy, or more than one package of a product containing 5 3 pseudoephedrine within a twenty=four=hour period from a 5 4 retailer in violation of section 126.23A. 5 5 2. A person shall not purchase more than seven thousand 5 6 five hundred milligrams of pseudoephedrine, either separately 5 7 or collectively, within a thirty=day period from a pharmacy or 5 8 from a retailer in violation of section 126.23A. 5 9 3. A person who violates this section commits a serious 5 10 misdemeanor. 5 11 Sec. 6. Section 126.23A, subsection 1, paragraph a, 5 12 subparagraph (1), Code 2009, is amended by striking the 5 13 subparagraph and inserting in lieu thereof the following: 5 14 (1) Sell more than seven thousand five hundred milligrams 5 15 of pseudoephedrine to the same person within a thirty=day 5 16 period. 5 17 Sec. 7. Section 126.23A, subsection 1, paragraph b, Code 5 18 2009, is amended to read as follows: 5 19 b. A retailer or an employee of a retailer shall do the 5 20 following: 5 21 (1) Provide for the sale of a pseudoephedrine product in a 5 22 locked cabinet or behind a sales counter where the public is 5 23 unable to reach the product and where the public is not 5 24 permitted. 5 25 (2) Require a purchaser to present a government=issued 5 26 photo identification card identifying the purchaser prior to 5 27 purchasing a pseudoephedrine product. 5 28 (3) Require the purchaser to sign a logbook and to also 5 29 require the purchaser to legibly print the purchaser's name 5 30 and address in the logbook. 5 31 (4) Print the name of the pseudoephedrine product 5 32 purchased and quantity sold next to the name of each purchaser 5 33 in the logbook. 5 34(4)(5) Determine the signature in the logbook 5 35 corresponds with the name on the government=issued photo 6 1 identification card. 6 2(5)(6) Keep the logbooktwelvetwenty=four months from 6 3 the date of the last entry. 6 4(6)(7) Provide notification in a clear and conspicuous 6 5 manner in a location where a pseudoephedrine product is 6 6 offered for sale stating the following: 6 7 Iowa law prohibits the over=the=counter purchase of more 6 8 than one package of a product containing pseudoephedrine in a 6 9 twenty=four=hour period or of more than seven thousand five 6 10 hundred milligrams of pseudoephedrine within a thirty=day 6 11 period. If you purchase a product containing pseudoephedrine, 6 12 you are required to sign a logbook which may be accessible to 6 13 law enforcement officers. 6 14 (8) Provide notification affixed to the logbook stating 6 15 that a purchaser entering a false statement or 6 16 misrepresentation in the logbook may subject the purchaser to 6 17 criminal penalties under 18 U.S.C. } 1001. 6 18 (9) Disclose logbook information as provided by state and 6 19 federal law. 6 20 (10) Comply with training requirements pursuant to federal 6 21 law. 6 22 Sec. 8. CONTINGENT APPLICABILITY == PHARMACY BOARD AND 6 23 CODE EDITOR RESPONSIBILITIES. 6 24 1. The board of pharmacy examiners shall notify the Code 6 25 editor when the establishment of the repository on a statewide 6 26 basis is complete. 6 27 2. When the establishment of the central repository on a 6 28 statewide basis is complete, the Code editor is directed to 6 29 remove section 124.212A, subsection 2, and section 124.212B, 6 30 subsection 9, from the Code and to internally renumber the 6 31 sections as necessary. 6 32 EXPLANATION 6 33 This bill relates to the sale of a pseudoephedrine product 6 34 by a pharmacy or retailer. 6 35 PENALTIES. The bill provides that a person shall not 7 1 purchase more than 3,600 milligrams of pseudoephedrine, either 7 2 collectively or separately, within a 24=hour period from a 7 3 pharmacy unless the person has a prescription. A person who 7 4 violates this provision of the bill commits a serious 7 5 misdemeanor. Under current law and the bill, a person commits 7 6 a serious misdemeanor if the person purchases more than 7,500 7 7 milligrams of pseudoephedrine within a 30=day period from a 7 8 pharmacy or retailer. 7 9 PHARMACY. The bill requires a purchaser of a 7 10 pseudoephedrine product from a pharmacy to sign an electronic 7 11 logbook. Current law does not require a signature in an 7 12 electronic logbook. The bill also provides that if the 7 13 electronic logbook is unavailable, the pharmacy is required to 7 14 keep an alternative record that complies with rules adopted by 7 15 the state board of pharmacy examiners. 7 16 The bill requires a pharmacy, an employee of a pharmacy, or 7 17 a licensed pharmacist, to enter a purchaser's name, address, 7 18 date of purchase, time of purchase, name of pseudoephedrine 7 19 product, and quantity sold into an electronic logbook. If the 7 20 electronic logbook is unavailable for use, the bill requires 7 21 the pharmacy to keep written records of the transaction 7 22 including a signature. 7 23 The bill requires a pharmacy to keep electronic logbook 7 24 records for a period of 24 months from the date of the last 7 25 entry. Current law requires the pharmacy to keep the logbook 7 26 12 months from the date of the last entry. 7 27 The bill provides that the state board of pharmacy shall 7 28 implement and maintain a statewide real=time central 7 29 repository to track pseudoephedrine product sales at 7 30 pharmacies. The bill requires a pharmacy dispensing 7 31 pseudoephedrine products to report all such sales 7 32 electronically to the central repository under the control of 7 33 the state board of pharmacy. If the pharmacy has written 7 34 records, the records are also to be reported for entry into 7 35 the repository. If the electronic logbook is unavailable for 8 1 use, the bill requires the pharmacy to keep written records of 8 2 the transaction including a signature. 8 3 The bill makes confidential the information collected in 8 4 the central repository unless otherwise ordered by a court, or 8 5 the records are released by the custodian of the records 8 6 pursuant to new Code section 124.212B. 8 7 The bill provides that a pharmacy, an employee of a 8 8 pharmacy, or a licensed pharmacist shall not be liable to any 8 9 person for any claim which may arise when reporting in good 8 10 faith pseudoephedrine sales to the central repository. 8 11 The bill also requires a pharmacy to comply with training 8 12 requirements pursuant to federal law. 8 13 A person who discloses information stored in the central 8 14 repository in violation of the bill commits a simple 8 15 misdemeanor. 8 16 RETAILER. The bill requires a retailer or an employee of a 8 17 retailer to print the name of the pseudoephedrine product 8 18 purchased and the quantity sold next to the name of each 8 19 purchaser in the logbook. 8 20 The bill requires the retailer to keep the logbook 24 8 21 months from the date of the last entry. Current law requires 8 22 the retailer to keep the logbook 12 months from the date of 8 23 the last entry. The bill does not require a retailer to keep 8 24 an electronic logbook of pseudoephedrine purchases. 8 25 The bill also requires a retailer to comply with training 8 26 requirements pursuant to federal law. 8 27 ADVISORY COMMITTEE. The bill requires the board of 8 28 pharmacy to establish a pseudoephedrine advisory council to 8 29 provide input and advise the board regarding the 8 30 implementation and maintenance of the statewide real=time 8 31 central repository. The advisory council shall consist of 8 32 four licensed pharmacists including a pharmacist from an 8 33 independent pharmacy, a regional chain pharmacy, and a 8 34 national chain pharmacy. 8 35 CONTINGENT APPLICABILITY. New Code sections 124.212A and 9 1 124.212B created in the bill do not become applicable until 9 2 sufficient funding is received and the central repository 9 3 under the control of the state board of pharmacy is 9 4 established on a statewide basis. However, Code section 9 5 124.212A, subsection 1, paragraph "h", in the bill, which 9 6 requires a pharmacy to keep logbook records 24 months from the 9 7 date of the last entry, is applicable upon the effective date 9 8 of the bill. 9 9 LSB 1251HH 83 9 10 jm/rj/14