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 purchase more than seven thousand five hundred milligrams of
1 11 pseudoephedrine, either separately or collectively, within a
1 12 thirty=day period a 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 logbook twelve twenty=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