Senate Study Bill 1268 



                                       SENATE FILE       
                                       BY  (PROPOSED COMMITTEE ON
                                            REBUILD IOWA BILL BY
                                            CHAIRPERSON HOGG)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the prescription drug donation repository
  2    program.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 2414SC 83
  5 pf/nh/14

PAG LIN



  1  1    Section 1.  Section 135M.1, Code 2009, is amended to read
  1  2 as follows:
  1  3    135M.1  PURPOSE.
  1  4    The purpose of this chapter is to improve the health of
  1  5 low=income and vulnerable Iowans through a prescription drug
  1  6 donation repository that authorizes medical facilities, and
  1  7 pharmacies, and the department to redispense prescription
  1  8 drugs and supplies that would otherwise be destroyed.
  1  9    Sec. 2.  Section 135M.3, subsections 2 and 4, Code 2009,
  1 10 are amended to read as follows:
  1 11    2.  Donations of prescription drugs and supplies under the
  1 12 program may be made on the premises of a medical facility or
  1 13 pharmacy that elects to participate in the program and meets
  1 14 the requirements established by the department or may be made
  1 15 directly to the department at locations authorized by rule.
  1 16    4.  a.  A medical facility or pharmacy that receives
  1 17 prescription drugs or supplies may distribute the prescription
  1 18 drugs or supplies to another eligible medical facility or
  1 19 pharmacy for use pursuant to the program.
  1 20    b.  The department may distribute prescription drugs or
  1 21 supplies received under this chapter to a department employee,
  1 22 agent, or volunteer, or directly to an eligible individual,
  1 23 for use by an eligible individual pursuant to the program.
  1 24    Sec. 3.  Section 135M.4, subsection 1, paragraph c, Code
  1 25 2009, is amended to read as follows:
  1 26    c.  The prescription drug or supplies are inspected before
  1 27 the prescription drug or supplies are dispensed by a licensed
  1 28 pharmacist employed by or under contract with the medical
  1 29 facility, or pharmacy, or the department and the licensed
  1 30 pharmacist determines that the prescription drug or supplies
  1 31 are not adulterated or misbranded.
  1 32    Sec. 4.  Section 135M.4, subsection 3, Code 2009, is
  1 33 amended to read as follows:
  1 34    3.  a.  If a person who donates prescription drugs under
  1 35 this chapter to a medical facility, or pharmacy, or the
  2  1 department receives a notice from a pharmacy that a
  2  2 prescription drug has been recalled, the person shall inform
  2  3 the medical facility, or pharmacy, or the department of the
  2  4 recall.
  2  5    b.  If a medical facility, or pharmacy, or the department
  2  6 receives a recall notification from a person who donated
  2  7 prescription drugs under this chapter, the medical facility,
  2  8 or pharmacy, or the department shall perform a uniform
  2  9 destruction of all of the recalled prescription drugs in the
  2 10 medical facility, or pharmacy, or the department.
  2 11    Sec. 5.  Section 135M.4, subsection 5, paragraph a,
  2 12 unnumbered paragraph 1, Code 2009, is amended to read as
  2 13 follows:
  2 14    Requirements for medical facilities, and pharmacies, and
  2 15 the department to accept and dispense donated prescription
  2 16 drugs and supplies, including all of the following:
  2 17    Sec. 6.  Section 135M.4, subsection 5, paragraph b, Code
  2 18 2009, is amended to read as follows:
  2 19    b.  (1)  Eligibility criteria for individuals to receive
  2 20 donated prescription drugs and supplies dispensed by medical
  2 21 facilities and pharmacies under the program.  The standards
  2 22 shall prioritize dispensing to individuals who are indigent or
  2 23 uninsured, but may permit dispensing to other individuals if
  2 24 an uninsured or indigent individual is unavailable.
  2 25    (2)  Eligibility criteria for individuals to receive
  2 26 donated prescription drugs and supplies dispensed directly by
  2 27 the department or the department's employees, agents, or
  2 28 volunteers.  The department shall accept and dispense donated
  2 29 prescription drugs and supplies during or in preparation for a
  2 30 state of disaster emergency proclaimed by the governor
  2 31 pursuant to section 29C.6 or during or in preparation for a
  2 32 public health disaster as defined in section 135.140,
  2 33 subsection 6.
  2 34    Sec. 7.  Section 135M.5, subsection 2, Code 2009, is
  2 35 amended to read as follows:
  3  1    2.  Except as provided in subsection 3, a person other
  3  2 than, including the department or the department's employees,
  3  3 agents, or volunteers but not a drug manufacturer subject to
  3  4 subsection 1, acting reasonably and in good faith, is immune
  3  5 from civil liability and criminal prosecution for injury to or
  3  6 the death of an individual to whom a donated prescription drug
  3  7 is dispensed under this chapter and shall be exempt from
  3  8 disciplinary action related to the person's acts or omissions
  3  9 related to the donation, acceptance, distribution, or
  3 10 dispensing of a donated prescription drug under this chapter.
  3 11                           EXPLANATION
  3 12    This bill provides that in addition to pharmacies and
  3 13 medical facilities that participate in the prescription drug
  3 14 donation repository (Code chapter 135M), the department of
  3 15 public health may also receive donations of prescription drugs
  3 16 and supplies to redispense.  The bill provides that the
  3 17 department may distribute prescription drugs and supplies
  3 18 received through the program to a department employee, agent,
  3 19 or volunteer, or directly to an eligible individual, for use
  3 20 by eligible individuals as provided by rule under the program.
  3 21 The bill also directs the department to adopt rules that
  3 22 specify eligibility criteria for individuals to receive
  3 23 donated prescription drugs and supplies dispensed directly
  3 24 from the department, its employees, agents, or volunteers,
  3 25 during or in preparation for a proclaimed state of disaster
  3 26 emergency or a public health disaster.
  3 27 LSB 2414SC 83
  3 28 pf/nh/14.1