Senate Study Bill 3003 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF PHARMACY BILL) A BILL FOR An Act relating to access to the information program for drug 1 prescribing and dispensing administered by the board of 2 pharmacy. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5148DP (6) 86 jm/nh

S.F. _____ H.F. _____ Section 1. NEW SECTION . 124.550 Definitions. 1 For purposes of this division, unless the context otherwise 2 requires: 3 1. “Pharmacist” means a practicing pharmacist who is 4 actively engaged in and responsible for the pharmaceutical care 5 of the patient about whom information is requested. 6 2. “Prescribing practitioner” means a practitioner who 7 has prescribed or is contemplating the authorization of 8 a prescription for the patient about whom information is 9 requested. 10 Sec. 2. Section 124.551, Code 2016, is amended to read as 11 follows: 12 124.551 Information program for drug prescribing and 13 dispensing. 14 1. Contingent upon the receipt of funds pursuant to section 15 124.557 sufficient to carry out the purposes of this division , 16 the board, in conjunction with the advisory council created in 17 section 124.555 , shall establish and maintain an information 18 program for drug prescribing and dispensing. 19 2. The program shall collect from pharmacies dispensing 20 information for controlled substances identified pursuant to 21 section 124.554, subsection 1 , paragraph “g” . The information 22 collected shall be used by prescribing practitioners and 23 pharmacists on a need-to-know basis for purposes of improving 24 patient health care by facilitating early identification of 25 patients who may be at risk for addiction, or who may be 26 using, abusing, or diverting drugs for unlawful or otherwise 27 unauthorized purposes at risk to themselves and others, or 28 who may be appropriately using controlled substances lawfully 29 prescribed for them but unknown to the practitioner. For 30 purposes of this division , “prescribing practitioner” means 31 a practitioner who has prescribed or is contemplating the 32 authorization of a prescription for the patient about whom 33 information is requested, and “pharmacist” means a practicing 34 pharmacist who is actively engaged in and responsible for the 35 -1- LSB 5148DP (6) 86 jm/nh 1/ 3

S.F. _____ H.F. _____ pharmaceutical care of the patient about whom information is 1 requested. 2 3. The board shall implement technological improvements 3 to facilitate secure access to the program through electronic 4 health and pharmacy information systems. The board shall 5 collect, store, and disseminate program information consistent 6 with security criteria established by rule, including use of 7 appropriate encryption or other industry-recognized security 8 technology. 9 4. The board shall seek any federal waiver necessary to 10 implement the provisions of the program. 11 Sec. 3. Section 124.553, subsection 1, Code 2016, is amended 12 by adding the following new paragraph: 13 NEW PARAGRAPH . e. An institutional user established by 14 the board to facilitate the secure access of a prescribing 15 practitioner or pharmacist to the program through electronic 16 health and pharmacy information systems. 17 Sec. 4. Section 124.553, subsection 2, Code 2016, is amended 18 to read as follows: 19 2. The board shall maintain a record of each person that 20 requests information from the program. Pursuant to rules 21 adopted by the board and advisory council under section 22 124.554 , the board may use the records to document and report 23 statistical information , and may provide program information 24 for statistical, public research, public policy, or educational 25 purposes, after removing personal identifying information of a 26 patient, prescribing practitioner, dispenser, or other person 27 who is identified in the information . 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to the information program for drug 32 prescribing and dispensing administered by the board of 33 pharmacy. The information program for drug prescribing and 34 dispensing is also known as the Iowa prescription monitoring 35 -2- LSB 5148DP (6) 86 jm/nh 2/ 3

S.F. _____ H.F. _____ program. 1 The bill enhances the readability of Code section 124.551 2 by reorganizing the section into subsections and striking the 3 definitions for “pharmacist” and “prescribing practitioner” 4 applicable to division VI of Code chapter 124 and reinserting 5 these definitions in new Code section 124.550. 6 The bill also directs the board of pharmacy to implement 7 improvements to facilitate secure access to the Iowa 8 prescription monitoring program through electronic health and 9 pharmacy information systems. The bill authorizes the board 10 of pharmacy to provide Iowa prescription monitoring program 11 information to an institutional user established by the board 12 to facilitate the secure access of a prescribing practitioner 13 or pharmacist to the program through electronic health and 14 pharmacy information systems. 15 The bill also authorizes the release of Iowa prescription 16 monitoring program information for statistical, public 17 research, public policy, or educational purposes, if all 18 patient, prescribing practitioner, dispenser, or other personal 19 identifying information has first been removed. 20 -3- LSB 5148DP (6) 86 jm/nh 3/ 3