HOUSE FILE 2136

BY  PETTENGILL

A BILL FOR

An Act relating to pharmacies, including prescription requirements and patient privacy, and making penalties applicable.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 155A.29, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A prescription for any prescription drug which is not a controlled substance may provide for a ninety-day supply of the drug.
    Sec. 2.  Section 155A.35, Code 2011, is amended to read as follows:
   155A.35  Patient medication records
 
—— confidentiality.

   1.  A licensed pharmacy shall maintain patient medication records in accordance with rules adopted by the board.

The rules may provide exceptions to the consent requirement in subsection 2 in situations where the board determines that release of a record is necessary for the patient’s health, safety, or welfare.
   2.  Confidential information in a patient medication record shall not be released to any person without the consent of the patient, except as provided in this section. Any person receiving a patient medication record is subject to the same restriction.
   3.  A patient medication record shall not be used for a commercial purpose.
   4.  As used in this section, “confidential information” means information accessed or maintained by a pharmacy in a patient’s medication records which contains personally identifiable information that could be used to identify the patient. “Confidential information” includes but is not limited to the patient’s name, address, telephone number, and social security number; the prescriber’s name and address; and prescription and drug or device information such as the therapeutic effect, diagnosis, allergies, disease state, pharmaceutical services rendered, medical information, and drug interactions, regardless of whether such information is communicated to or from the patient, is in the form of paper, is preserved on microfilm, or is stored on electronic media.
EXPLANATION
   This bill allows for 90-day prescriptions of drugs which are not controlled substances.
   The bill also establishes confidentiality requirements requiring patient consent before confidential information in a patient’s medication records can be released and provides that any recipient of a medication record is bound by the same confidentiality restriction. The bill prohibits the use of medication records for a commercial purpose. “Confidential information” includes the patient’s name, address, telephone number, and social security number; prescriber name and address; and prescription and drug information.
   The bill provides that the board of pharmacy may, by rule, provide exceptions to the consent requirement in situations where the board determines that release of a record is necessary for the patient’s health, safety, or welfare.
   Violators of the bill may be punished by the board of pharmacy with licensing sanctions or civil penalties and also commit a simple misdemeanor.