Senate Study Bill 1018 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC HEALTH/BOARD OF PHARMACY BILL) A BILL FOR An Act relating to the Iowa prescription monitoring program and 1 including an effective date provision. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1292DP (3) 84 jr/nh
S.F. _____ H.F. _____ Section 1. Section 124.553, subsection 1, paragraph a, Code 1 2011, is amended to read as follows: 2 a. (1) A pharmacist or prescribing practitioner who 3 requests the information and certifies in a form specified 4 by the board that it is for the purpose of providing medical 5 or pharmaceutical care to a patient of the pharmacist or 6 prescribing practitioner. Neither a A pharmacist nor or a 7 prescribing practitioner may delegate program information 8 access to another authorized individual or agent only if that 9 individual or agent registers for program information access, 10 pursuant to board rules, as an agent of the pharmacist or 11 prescribing practitioner. Board rules shall identify the 12 qualifications for a pharmacist’s or prescribing practitioner’s 13 agent and shall limit the number of agents to whom each 14 pharmacist or prescribing practitioner may delegate program 15 information access . 16 (2) Notwithstanding subparagraph (1), a prescribing 17 practitioner may delegate program information access to another 18 licensed health care professional only in emergency situations 19 where the patient would be placed in greater jeopardy if the 20 prescribing practitioner was required to access the information 21 personally. 22 Sec. 2. Section 124.558, subsection 1, Code 2011, is amended 23 to read as follows: 24 1. Failure to comply with requirements. A pharmacist, 25 pharmacy, or prescribing practitioner , or agent of a pharmacist 26 or prescribing practitioner who knowingly fails to comply 27 with the confidentiality requirements of this division 28 or who delegates program information access to another 29 individual except as provided in section 124.553, is subject to 30 disciplinary action by the appropriate professional licensing 31 board. A pharmacist or pharmacy that knowingly fails to 32 comply with other requirements of this division is subject to 33 disciplinary action by the board. Each licensing board may 34 adopt rules in accordance with chapter 17A to implement the 35 -1- LSB 1292DP (3) 84 jr/nh 1/ 2
S.F. _____ H.F. _____ provisions of this section . 1 Sec. 3. REPEAL. 2009 Iowa Acts, Chapter 36, section 3, if 2 enacted, is repealed. 3 Sec. 4. EFFECTIVE UPON ENACTMENT. The following provision 4 or provisions of this Act, being deemed of immediate 5 importance, take effect upon enactment: 6 1. Section 3 of this Act repealing 2009 Iowa Acts, chapter 7 36, section 3. 8 EXPLANATION 9 This bill relates to the information program for drug 10 prescribing and dispensing known as the Iowa prescription 11 monitoring program (PMP). The Iowa PMP is a prescription 12 drug database program containing records of the dispensing of 13 prescriptions for identified controlled substances. 14 The bill provides that a pharmacist or prescribing 15 practitioner who has registered for access to the Iowa PMP 16 may delegate access to one or more agents of the pharmacist 17 or prescribing practitioner pursuant to rules of the board of 18 pharmacy. An agent of a pharmacist or prescribing practitioner 19 shall register as such for access to the Iowa PMP and shall 20 be bound by the same program provisions and confidentiality 21 requirements as the supervising pharmacist or prescribing 22 practitioner. 23 The bill also repeals a provision terminating the Iowa PMP 24 on June 30, 2011. 25 -2- LSB 1292DP (3) 84 jr/nh 2/ 2