Senate Study Bill 1020 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF MEDICINE BILL) A BILL FOR An Act relating to the Iowa information program for drug 1 prescribing and dispensing. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1298DP (2) 86 jm/nh

S.F. _____ H.F. _____ Section 1. Section 124.553, subsection 6, Code 2015, is 1 amended to read as follows: 2 6. a. Nothing in this section shall require a A pharmacist 3 or prescribing practitioner to shall obtain information about 4 a patient from the program before prescribing or renewing 5 a prescription for a controlled substance or filling a 6 prescription for a controlled substance if the pharmacist or 7 prescribing practitioner believes or has reason to believe that 8 a patient is at risk of controlled substance diversion, misuse, 9 or abuse . The licensing board for a pharmacist or prescribing 10 practitioner may adopt rules to implement this subsection. 11 b. A pharmacist or prescribing practitioner does not have 12 a duty and acting reasonably and in good faith shall not be 13 held liable in damages to any person in any civil or derivative 14 criminal or administrative action for injury, death, or loss 15 to person or property on the basis that the pharmacist or 16 prescribing practitioner did or did not seek or obtain or use 17 information from the program. A pharmacist or prescribing 18 practitioner acting reasonably and in good faith is immune from 19 any civil, criminal, or administrative liability that might 20 otherwise be incurred or imposed for requesting or receiving or 21 using information from the program. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to the information program for drug 26 prescribing and dispensing (Iowa prescription monitoring 27 program). 28 The bill requires a pharmacist or prescribing practitioner 29 to obtain information about a patient from the information 30 program for drug prescribing and dispensing before prescribing 31 or renewing a prescription for a controlled substance if the 32 pharmacist or prescribing practitioner believes or has reason 33 to believe the patient is at risk of drug diversion, misuse, 34 or abuse. However, the bill provides that a pharmacist or 35 -1- LSB 1298DP (2) 86 jm/nh 1/ 2

S.F. _____ H.F. _____ prescribing practitioner who acts reasonably and in good faith 1 is not liable for damages on the basis that the pharmacist or 2 prescribing practitioner did or did not seek information from 3 the program. 4 The bill allows the licensing board for a pharmacist or 5 prescribing practitioner to adopt rules to implement the bill. 6 The bill also strikes provisions relating to pharmacist or 7 prescribing practitioner liability. 8 -2- LSB 1298DP (2) 86 jm/nh 2/ 2