Senate File 237 - Introduced SENATE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 104) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to pseudoephedrine product sales by pharmacies 2 and retailers, and providing penalties and contingent 3 applicability. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2046SV 83 6 jm/rj/14 PAG LIN 1 1 Section 1. Section 124.101, Code 2009, is amended by 1 2 adding the following new subsection: 1 3 NEW SUBSECTION. 20A. "Office" means the governor's office 1 4 of drug control policy, as referred to in section 80E.1. 1 5 Sec. 2. Section 124.212, subsection 4, paragraph c, Code 1 6 2009, is amended to read as follows: 1 7 c. Pseudoephedrine. A person shall present a 1 8 government=issued photo identification card when purchasing a 1 9 pseudoephedrine product from a pharmacy. A person shall not 1 10 purchasemore than seven thousand five hundred milligrams of 1 11 pseudoephedrine, either separately or collectively, within a 1 12 thirty=day perioda quantity of pseudoephedrine in violation 1 13 of section 124.213 from a pharmacy, unless the person has a 1 14 prescription for a pseudoephedrine product in excess of that 1 15 quantity. A pseudoephedrine product not excepted from this 1 16 schedule shall be sold by a pharmacy as provided in section 1 17 124.212A. 1 18 Sec. 3. NEW SECTION. 124.212A PHARMACY PSEUDOEPHEDRINE 1 19 SALE == RESTRICTIONS == RECORDS == CONTINGENT APPLICABILITY. 1 20 1. A pharmacy, an employee of a pharmacy, or a licensed 1 21 pharmacist shall do the following: 1 22 a. Provide for the sale of a pseudoephedrine product in a 1 23 locked cabinet or behind the sales counter where the public is 1 24 unable to reach the product and where the public is not 1 25 permitted. 1 26 b. Require the purchaser to present a governmental=issued 1 27 photo identification card identifying the purchaser prior to 1 28 purchasing a pseudoephedrine product. 1 29 c. Provide an electronic logbook for purchasers of 1 30 pseudoephedrine products to sign. 1 31 d. Require the purchaser to sign the electronic logbook. 1 32 If the electronic logbook is not available, require a 1 33 signature that is associated with a transaction number. 1 34 e. Enter the purchaser's name, address, date of purchase, 1 35 time of purchase, name of the pseudoephedrine product 2 1 purchased, and the quantity sold in the electronic logbook. 2 2 If the electronic logbook is unavailable, an alternative 2 3 record shall be kept that complies with the rules adopted by 2 4 both the office and the board. 2 5 f. Determine that the signature in the electronic logbook 2 6 corresponds with the name on the government=issued photo 2 7 identification card. 2 8 g. Provide notice that a purchaser entering a false 2 9 statement or misrepresentation in the electronic logbook may 2 10 subject the purchaser to criminal penalties under 18 U.S.C. } 2 11 1001. 2 12 h. Keep electronic logbook records and any other records 2 13 obtained from pseudoephedrine purchases if the electronic 2 14 logbook is unavailable for twenty=four months from the date of 2 15 the last entry. 2 16 i. Disclose electronic logbook information and any other 2 17 pseudoephedrine purchase records as provided by state and 2 18 federal law. 2 19 j. Comply with training requirements pursuant to federal 2 20 law. 2 21 2. This section is not applicable unless sufficient 2 22 funding is received to implement and maintain the statewide 2 23 real=time central repository and the office establishes the 2 24 statewide real=time central repository. However, subsection 2 25 1, paragraph "h" is applicable upon the effective date of this 2 26 Act. 2 27 Sec. 4. NEW SECTION. 124.212B PSEUDOEPHEDRINE SALES == 2 28 TRACKING == PENALTY == CONTINGENT APPLICABILITY. 2 29 1. The office shall establish a real=time electronic 2 30 repository to monitor and control the sale of schedule V 2 31 products containing any detectible amount of pseudoephedrine, 2 32 its salts, or optical isomers, or salts of optical isomers; 2 33 ephedrine; or phenylpropanolamine. A pharmacy dispensing such 2 34 products shall report all such sales electronically to a 2 35 central repository under the control of the office. 3 1 2. The information collected in the central repository is 3 2 confidential unless otherwise ordered by a court, or released 3 3 by the lawful custodian of the records pursuant to state or 3 4 federal law. 3 5 3. A pharmacy, an employee of a pharmacy, or a licensed 3 6 pharmacist shall not be provided access to the stored 3 7 information in the electronic central repository. However, a 3 8 pharmacy, an employee of a pharmacy, or a licensed pharmacist 3 9 shall be provided access to the stored information for the 3 10 limited purpose of determining what sales have been made by 3 11 the pharmacy. A pharmacy, an employee of a pharmacy, or a 3 12 licensed pharmacist shall not be given the obligation or duty 3 13 to view the stored information. 3 14 4. A pharmacy, or an employee of a pharmacy, or a licensed 3 15 pharmacist shall not be given the obligation or duty to seek 3 16 information from the central repository if the real=time 3 17 electronic logbook becomes unavailable for use. 3 18 5. If the electronic logbook is unavailable for use, a 3 19 paper record for each sale shall be maintained including the 3 20 purchaser's signature. Any paper record maintained by the 3 21 pharmacy shall be provided to the office for inclusion in the 3 22 electronic real=time central repository as soon as 3 23 practicable. 3 24 6. A pharmacy, or an employee of a pharmacy, or a licensed 3 25 pharmacist shall not be liable, if acting reasonably and in 3 26 good faith, to any person for any claim which may arise when 3 27 reporting sales of products enumerated in subsection 1 to the 3 28 central repository. 3 29 7. A person who discloses information stored in the 3 30 central repository in violation of this section commits a 3 31 simple misdemeanor. 3 32 8. Both the office and the board shall adopt rules to 3 33 administer this section. 3 34 9. The office and the board shall report to the board on 3 35 an annual basis, beginning January 1, 2010, regarding the 4 1 repository, including the effectiveness of the repository in 4 2 discovering unlawful sales of pseudoephedrine products. 4 3 10. This section is not applicable unless sufficient 4 4 funding is received to implement and maintain this section and 4 5 the office establishes the statewide real=time central 4 6 repository. 4 7 Sec. 5. NEW SECTION. 124.212C PSEUDOEPHEDRINE ADVISORY 4 8 COUNCIL == ELECTRONIC MONITORING. 4 9 1. The office shall establish a pseudoephedrine advisory 4 10 council to provide input and advise the office regarding the 4 11 implementation and maintenance of the statewide real=time 4 12 central repository established under section 124.212B to 4 13 monitor sales of pseudoephedrine. The office shall specify 4 14 the duties, responsibilities, and other related matters of the 4 15 advisory council. 4 16 2. a. The council shall consist of four licensed 4 17 pharmacists. The office shall solicit recommendations for 4 18 membership on the council from the Iowa pharmacy association 4 19 and Iowa retail federation, and shall appoint members from the 4 20 recommendations. The council shall include a member from an 4 21 independent pharmacy, a member from a regional chain pharmacy, 4 22 and a member from a national chain pharmacy. The license of 4 23 any member must be current and not subject to disciplinary 4 24 sanctions. 4 25 b. The council shall also consist of four members of the 4 26 general assembly serving as ex officio, nonvoting members, one 4 27 representative to be appointed by the speaker of the house of 4 28 representatives, one representative to be appointed by the 4 29 minority leader of the house of representatives, one senator 4 30 to be appointed by the majority leader of the senate after 4 31 consultation with the president of the senate, and one senator 4 32 to be appointed by the minority leader of the senate. 4 33 3. The council may make recommendations regarding the 4 34 implementation and maintenance of the statewide real=time 4 35 central repository monitoring system under section 124.212B. 5 1 4. The council shall do the following: 5 2 a. Assist the office in implementing and maintaining the 5 3 statewide real=time central repository monitoring system. 5 4 b. Assist the office in developing utilization guidance 5 5 related to the statewide real=time central repository 5 6 monitoring system and disseminating such guidance. 5 7 c. Assist the office in developing guidelines to ensure 5 8 patient confidentiality and the integrity of the relationship 5 9 established by the patient and the patient's health care 5 10 provider. 5 11 5. All members of the council shall receive actual and 5 12 necessary expenses incurred in the performance of their 5 13 duties. 5 14 Sec. 6. Section 124.213, Code 2009, is amended by striking 5 15 the section and inserting in lieu thereof the following: 5 16 124.213 PSEUDOEPHEDRINE PURCHASE RESTRICTIONS FROM 5 17 PHARMACY OR RETAILER == PENALTY. 5 18 1. A person shall not purchase more than three thousand 5 19 six hundred milligrams of pseudoephedrine, either separately 5 20 or collectively, within a twenty=four=hour period from a 5 21 pharmacy, or more than one package of a product containing 5 22 pseudoephedrine within a twenty=four hour period from a 5 23 retailer in violation of section 126.23A. 5 24 2. A person shall not purchase more than seven thousand 5 25 five hundred milligrams of pseudoephedrine, either separately 5 26 or collectively, within a thirty=day period from a pharmacy or 5 27 from a retailer in violation of section 126.23A. 5 28 3. A person who violates this section commits a serious 5 29 misdemeanor. 5 30 Sec. 7. Section 126.23A, subsection 1, paragraph a, 5 31 subparagraph (1), Code 2009, is amended by striking the 5 32 subparagraph and inserting in lieu thereof the following: 5 33 (1) Sell more than seven thousand five hundred milligrams 5 34 of pseudoephedrine to the same person within a thirty=day 5 35 period. 6 1 Sec. 8. Section 126.23A, subsection 1, paragraph b, Code 6 2 2009, is amended to read as follows: 6 3 b. A retailer or an employee of a retailer shall do the 6 4 following: 6 5 (1) Provide for the sale of a pseudoephedrine product in a 6 6 locked cabinet or behind a sales counter where the public is 6 7 unable to reach the product and where the public is not 6 8 permitted. 6 9 (2) Require a purchaser to present a government=issued 6 10 photo identification card identifying the purchaser prior to 6 11 purchasing a pseudoephedrine product. 6 12 (3) Require the purchaser to sign a logbook and to also 6 13 require the purchaser to legibly print the purchaser's name 6 14 and address in the logbook. 6 15 (4) Print the name of the pseudoephedrine product 6 16 purchased and quantity sold next to the name of each purchaser 6 17 in the logbook. 6 18(4)(5) Determine the signature in the logbook 6 19 corresponds with the name on the government=issued photo 6 20 identification card. 6 21(5)(6) Keep the logbooktwelvetwenty=four months from 6 22 the date of the last entry. 6 23(6)(7) Provide notification in a clear and conspicuous 6 24 manner in a location where a pseudoephedrine product is 6 25 offered for sale stating the following: 6 26 Iowa law prohibits the over=the=counter purchase of more 6 27 than one package of a product containing pseudoephedrine in a 6 28 twenty=four=hour period or of more than seven thousand five 6 29 hundred milligrams of pseudoephedrine within a thirty=day 6 30 period. If you purchase a product containing pseudoephedrine, 6 31 you are required to sign a logbook which may be accessible to 6 32 law enforcement officers. 6 33 (8) Provide notification affixed to the logbook stating 6 34 that a purchaser entering a false statement or 6 35 misrepresentation in the logbook may subject the purchaser to 7 1 criminal penalties under 18 U.S.C. } 1001. 7 2 (9) Disclose logbook information as provided by state and 7 3 federal law. 7 4 (10) Comply with training requirements pursuant to federal 7 5 law. 7 6 Sec. 9. CONTINGENT APPLICABILITY == GOVERNOR'S OFFICE OF 7 7 DRUG CONTROL POLICY AND CODE EDITOR RESPONSIBILITIES. 7 8 1. The governor's office of drug control policy shall 7 9 notify the Code editor when the establishment of the 7 10 repository on a statewide basis is complete. 7 11 2. When the establishment of the central repository on a 7 12 statewide basis is complete, the Code editor is directed to 7 13 remove section 124.212A, subsection 2, and section 124.212B, 7 14 subsection 10, from the Code and to internally renumber the 7 15 sections as necessary. 7 16 EXPLANATION 7 17 This bill relates to the sale of a pseudoephedrine product 7 18 by a pharmacy or retailer. 7 19 PENALTIES. The bill provides that a person shall not 7 20 purchase more than 3,600 milligrams of pseudoephedrine, either 7 21 collectively or separately, within a 24=hour period from a 7 22 pharmacy unless the person has a prescription. A person who 7 23 violates this provision of the bill commits a serious 7 24 misdemeanor. Under current law and the bill, a person commits 7 25 a serious misdemeanor if the person purchases more than 7,500 7 26 milligrams of pseudoephedrine within a 30=day period from a 7 27 pharmacy or retailer. 7 28 PHARMACY. The bill requires a purchaser of a 7 29 pseudoephedrine product from a pharmacy to sign an electronic 7 30 logbook. Current law does not require a signature in an 7 31 electronic logbook. The bill also provides that if the 7 32 electronic logbook is unavailable, the pharmacy is required to 7 33 keep an alternative record that complies with rules adopted by 7 34 both the governor's office of drug control policy and the 7 35 state board of pharmacy. 8 1 The bill requires a pharmacy, an employee of a pharmacy, or 8 2 a licensed pharmacist, to enter a purchaser's name, address, 8 3 date of purchase, time of purchase, name of pseudoephedrine 8 4 product, and quantity sold into an electronic logbook. If the 8 5 electronic logbook is unavailable for use, the bill requires 8 6 the pharmacy to keep written records of the transaction 8 7 including a signature. 8 8 The bill requires a pharmacy to keep electronic logbook 8 9 records for a period of 24 months from the date of the last 8 10 entry. Current law requires the pharmacy to keep the logbook 8 11 12 months from the date of the last entry. 8 12 The bill provides that the office of governor's drug 8 13 control policy shall implement and maintain a statewide 8 14 real=time central repository to track pseudoephedrine product 8 15 sales at pharmacies. The bill requires a pharmacy dispensing 8 16 pseudoephedrine products to report all such sales 8 17 electronically to the central repository under the control of 8 18 the office of governor's drug control policy. If the pharmacy 8 19 has written records, the records are also to be reported for 8 20 entry into the repository. If the electronic logbook is 8 21 unavailable for use, the bill requires the pharmacy to keep 8 22 written records of the transaction including a signature. 8 23 The bill makes confidential the information collected in 8 24 the central repository unless otherwise ordered by a court, or 8 25 the records are released by the custodian of the records 8 26 pursuant to state or federal law. 8 27 The bill provides that a pharmacy, an employee of a 8 28 pharmacy, or a licensed pharmacist shall not be liable to any 8 29 person for any claim which may arise when reporting in good 8 30 faith pseudoephedrine sales to the central repository. 8 31 The bill also requires a pharmacy to comply with training 8 32 requirements pursuant to federal law. 8 33 Under the bill, a pharmacy, an employee of a pharmacy, or a 8 34 licensed pharmacist shall not be provided access to the stored 8 35 information in the electronic central repository, except for 9 1 the limited purpose of determining what sales have been made 9 2 by the pharmacy. 9 3 The governor's office of drug control policy and the board 9 4 of pharmacy shall both adopt rules to implement the bill. 9 5 A person who discloses information stored in the central 9 6 repository in violation of the bill commits a simple 9 7 misdemeanor. 9 8 RETAILER. The bill requires a retailer or an employee of a 9 9 retailer to print the name of the pseudoephedrine product 9 10 purchased and the quantity sold next to the name of each 9 11 purchaser in the logbook. 9 12 The bill requires the retailer to keep the logbook 24 9 13 months from the date of the last entry. Current law requires 9 14 the retailer to keep the logbook 12 months from the date of 9 15 the last entry. The bill does not require a retailer to keep 9 16 an electronic logbook of pseudoephedrine purchases. 9 17 The bill also requires a retailer to comply with training 9 18 requirements pursuant to federal law. 9 19 ADVISORY COMMITTEE. The bill requires the office of drug 9 20 control policy to establish a pseudoephedrine advisory 9 21 committee to provide input and advise the office regarding the 9 22 implementation and maintenance of the statewide real=time 9 23 central repository. The advisory committee shall consist of 9 24 four licensed pharmacists including a pharmacist from an 9 25 independent pharmacy, a regional chain pharmacy, and a 9 26 national chain pharmacy. The bill requires the office of drug 9 27 control policy to solicit recommendations for membership on 9 28 the council from the Iowa pharmacy association and Iowa retail 9 29 federation. 9 30 The bill also provides that the council shall also consist 9 31 of four members of the general assembly serving as ex officio, 9 32 nonvoting members. 9 33 CONTINGENT APPLICABILITY. New Code sections 124.212A and 9 34 124.212B created in the bill do not become applicable until 9 35 sufficient funding is received and the central repository 10 1 under the control of the office of drug control policy is 10 2 established on a statewide basis. However, Code section 10 3 124.212A, subsection 1, paragraph "h", in the bill, which 10 4 requires a pharmacy to keep logbook records 24 months from the 10 5 date of the last entry, is applicable upon the effective date 10 6 of the bill. 10 7 LSB 2046SV 83 10 8 jm/rj/14