Senate
File
2322
-
Introduced
SENATE
FILE
2322
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
3146)
A
BILL
FOR
An
Act
relating
to
the
practice
of
pharmacy,
including
the
1
administration
of
certain
drugs
and
vaccines
and
the
2
establishment
of
technician
product
verification
programs.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
147.107,
subsection
2,
Code
2018,
is
1
amended
to
read
as
follows:
2
2.
a.
A
pharmacist,
physician,
dentist,
podiatric
3
physician,
or
prescribing
psychologist
who
dispenses
4
prescription
drugs,
including
but
not
limited
to
controlled
5
substances,
for
human
use,
may
delegate
nonjudgmental
6
dispensing
functions
to
staff
assistants
only
when
verification
7
of
the
accuracy
and
completeness
of
the
dispensing
is
8
determined
by
the
pharmacist
or
practitioner
in
the
9
pharmacist’s
or
practitioner’s
physical
presence.
However,
the
10
physical
presence
requirement
does
not
apply
when
a
pharmacist
11
or
practitioner
is
utilizing
an
automated
dispensing
system
;
12
when
a
pharmacist
is
utilizing
a
tech-check-tech
program,
as
13
defined
in
section
155A.3
;
or
when
a
pharmacist
is
remotely
14
supervising
a
certified
pharmacy
technician
practicing
15
at
a
telepharmacy
site
approved
by
the
board
of
pharmacy
.
16
When
using
an
automated
dispensing
system
,
the
pharmacist
17
or
practitioner
shall
utilize
an
internal
quality
control
18
assurance
plan
that
ensures
accuracy
for
dispensing.
When
19
using
a
tech-check-tech
program
or
when
remotely
supervising
20
a
certified
pharmacy
technician
practicing
at
an
approved
21
telepharmacy
site,
the
pharmacist
shall
utilize
an
internal
22
quality
control
assurance
plan,
in
accordance
with
rules
23
adopted
by
the
board
of
pharmacy,
that
ensures
accuracy
24
for
dispensing.
Verification
of
automated
dispensing
,
25
tech-check-tech,
and
telepharmacy
practice
accuracy
and
26
completeness
remains
the
responsibility
of
the
pharmacist
27
or
practitioner
and
shall
be
determined
in
accordance
with
28
rules
adopted
by
the
board
of
pharmacy,
the
board
of
medicine,
29
the
dental
board,
the
board
of
podiatry,
and
the
board
of
30
psychology
for
their
respective
licensees.
31
b.
A
dentist,
physician,
podiatric
physician,
or
prescribing
32
psychologist
who
dispenses
prescription
drugs,
other
than
drug
33
samples,
pursuant
to
this
subsection
,
shall
report
the
fact
34
that
they
dispense
prescription
drugs
with
the
practitioner’s
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respective
board
at
least
biennially.
1
c.
A
physician,
dentist,
podiatric
physician,
or
prescribing
2
psychologist
who
dispenses
prescription
drugs,
other
than
drug
3
samples,
pursuant
to
this
subsection
,
shall
offer
to
provide
4
the
patient
with
a
written
prescription
that
may
be
dispensed
5
from
a
pharmacy
of
the
patient’s
choice
or
offer
to
transmit
6
the
prescription
orally,
electronically,
or
by
facsimile
in
7
accordance
with
section
155A.27
to
a
pharmacy
of
the
patient’s
8
choice.
9
d.
A
pharmacist
who
dispenses
prescription
drugs,
including
10
but
not
limited
to
controlled
substances,
for
human
use,
may
11
delegate
nonjudgmental
dispensing
functions
to
a
certified
12
pharmacy
technician
only
when
verification
of
the
accuracy
and
13
completeness
of
the
dispensing
is
determined
by
the
pharmacist
14
in
the
pharmacist’s
physical
presence.
The
pharmacist’s
15
verification
of
the
accuracy
of
the
prescription
drug
dispensed
16
shall
not
be
required
when
verified
by
a
certified
pharmacy
17
technician
in
a
technician
product
verification
program
or
a
18
tech-check-tech
program
as
defined
in
section
155A.3.
The
19
pharmacist’s
physical
presence
shall
not
be
required
when
20
the
pharmacist
is
remotely
supervising
pharmacy
personnel
21
operating
in
an
approved
telepharmacy
site
or
when
utilizing
22
an
automated
dispensing
system
that
utilizes
an
internal
23
quality
control
assurance
plan.
When
utilizing
a
technician
24
product
verification
program
or
tech-check-tech
program,
or
25
when
remotely
supervising
pharmacy
personnel
operating
at
an
26
approved
telepharmacy
site,
the
pharmacist
shall
utilize
an
27
internal
quality
control
assurance
plan,
in
accordance
with
28
rules
adopted
by
the
board
of
pharmacy,
that
ensures
accuracy
29
for
dispensing.
Automated
dispensing
verification,
technician
30
product
verification,
and
telepharmacy
practice
accuracy
and
31
completeness
remains
the
responsibility
of
the
pharmacist
and
32
shall
be
determined
in
accordance
with
rules
adopted
by
the
33
board
of
pharmacy.
34
Sec.
2.
Section
155A.3,
Code
2018,
is
amended
by
adding
the
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following
new
subsections:
1
NEW
SUBSECTION
.
42A.
“Statewide
protocol”
means
a
framework
2
developed
and
issued
by
the
board
that
specifies
the
conditions
3
under
which
pharmacists
are
authorized
to
dispense
a
medication
4
or
category
of
medications
when
providing
a
clinical
service.
5
NEW
SUBSECTION
.
43A.
“Technician
product
verification”
6
means
the
process
by
which
a
certified
pharmacy
technician
7
provides
the
final
product
verification
for
prescription
8
drugs
or
devices
filled
or
prepared
by
a
registered
pharmacy
9
technician,
pharmacist-intern,
or
with
an
automated
dispensing
10
system.
11
Sec.
3.
Section
155A.6A,
subsection
4,
Code
2018,
is
amended
12
to
read
as
follows:
13
4.
The
board
shall
adopt
rules
in
accordance
with
14
chapter
17A
on
matters
pertaining
to
pharmacy
technician
15
registration,
application,
forms,
renewals,
fees,
termination
16
of
registration,
tech-check-tech
programs,
technician
product
17
verification
programs,
national
certification,
training,
and
18
any
other
relevant
matters.
19
Sec.
4.
Section
155A.33,
Code
2018,
is
amended
to
read
as
20
follows:
21
155A.33
Delegation
of
technical
functions.
22
A
pharmacist
may
delegate
technical
dispensing
functions
23
to
pharmacy
technicians,
but
only
if
the
pharmacist
is
24
physically
present
to
verify
the
accuracy
and
completeness
25
of
the
patient’s
prescription
prior
to
the
delivery
of
the
26
prescription
to
the
patient
or
the
patient’s
representative.
27
However,
the
physical
presence
requirement
does
not
apply
28
when
a
pharmacist
is
utilizing
an
automated
dispensing
system
29
or
a
tech-check-tech
technician
product
verification
program
30
or
when
a
pharmacist
is
remotely
supervising
a
certified
31
pharmacy
technician
practicing
at
a
telepharmacy
site
approved
32
by
the
board.
When
using
an
automated
dispensing
system
or
33
a
tech-check-tech
technician
product
verification
program,
34
or
when
remotely
supervising
a
certified
pharmacy
technician
35
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practicing
at
an
approved
telepharmacy
site,
the
pharmacist
1
shall
utilize
an
internal
quality
control
assurance
plan
that
2
ensures
accuracy
for
dispensing.
Verification
of
automated
3
dispensing,
tech-check-tech
technician
product
verification
,
4
and
telepharmacy
practice
accuracy
and
completeness
remains
the
5
responsibility
of
the
pharmacist
and
shall
be
determined
in
6
accordance
with
rules
adopted
by
the
board.
7
Sec.
5.
NEW
SECTION
.
155A.33A
Technician
product
8
verification
programs.
9
1.
A
pharmacist
in
charge
of
a
pharmacy
located
in
this
10
state
may
formally
establish
a
technician
product
verification
11
program
to
optimize
the
provision
of
pharmacist
patient
care
12
services.
The
board
shall
require
a
pharmacist
in
charge
13
intending
to
implement
a
technician
product
verification
14
program
to
submit
a
program
plan
for
board
consideration
and
15
approval.
The
plan
shall
demonstrate
that
onsite
practice
16
hours
for
a
pharmacist
will
not
be
reduced
but
will
be
17
redistributed
directly
to
patient
care
activities.
18
2.
The
board
shall
adopt
rules
for
the
development,
19
implementation,
and
oversight
of
technician
product
20
verification
programs.
The
rules
shall
address
program
policy
21
and
procedures,
pharmacist
and
pharmacy
technician
training,
22
program
quality
assurance
and
evaluation,
recordkeeping,
23
redistribution
of
pharmacist
activities,
and
other
matters
24
necessary
for
the
development,
implementation,
and
oversight
25
of
the
program.
26
Sec.
6.
NEW
SECTION
.
155A.46
Statewide
protocols.
27
1.
a.
A
pharmacist
may,
pursuant
to
statewide
protocols
28
developed
by
the
board
in
consultation
with
the
department
29
of
public
health
and
consistent
with
subsection
2,
order
and
30
administer
the
following
to
patients
ages
eighteen
years
and
31
older:
32
(1)
Naloxone.
33
(2)
Nicotine
replacement
tobacco
cessation
products.
34
(3)
An
immunization
or
vaccination
recommended
by
the
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United
States
centers
for
disease
control
and
prevention
1
advisory
committee
on
immunization
practices
in
its
approved
2
vaccination
schedule
for
adults.
3
(4)
An
immunization
or
vaccination
recommended
by
the
4
United
States
centers
for
disease
control
and
prevention
for
5
international
travel.
6
(5)
A
Tdap
(tetanus,
diphtheria,
acellular
pertussis)
7
vaccination
in
a
booster
application.
8
(6)
Other
emergency
immunizations
or
vaccinations
in
9
response
to
a
public
health
emergency.
10
b.
A
pharmacist
may,
pursuant
to
statewide
protocols
11
developed
by
the
board
in
consultation
with
the
department
12
of
public
health
and
consistent
with
subsection
2,
order
and
13
administer
the
following
to
patients
ages
six
months
and
older:
14
(1)
A
vaccine
or
immunization
for
influenza.
15
(2)
Other
emergency
immunizations
or
vaccines
in
response
16
to
a
public
health
emergency.
17
c.
A
pharmacist
may,
pursuant
to
statewide
protocols
18
developed
by
the
board
in
consultation
with
the
department
19
of
public
health
and
consistent
with
subsection
2,
order
and
20
administer
the
final
two
doses
in
a
course
of
vaccinations
for
21
HPV
to
patients
ages
eleven
years
and
older.
22
d.
Prior
to
the
ordering
and
administration
of
a
vaccination
23
or
immunization
authorized
by
this
subsection,
pursuant
to
24
statewide
protocols,
a
licensed
pharmacist
shall
consult
25
and
review
the
statewide
immunization
registry
or
health
26
information
network.
The
board
shall
adopt
rules
requiring
the
27
reporting
of
the
administration
of
vaccines
and
immunizations
28
authorized
by
this
subsection
to
a
patient’s
primary
health
29
care
provider,
primary
physician,
and
a
statewide
immunization
30
registry
or
health
information
network.
31
2.
A
pharmacist
administering
a
prescription
drug,
product,
32
test,
or
treatment
pursuant
to
subsection
1
shall
do
all
of
the
33
following:
34
a.
Maintain
a
record
of
all
prescription
drugs,
products,
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tests,
and
treatments
administered
pursuant
to
this
section.
1
b.
Notify
the
patient’s
primary
health
care
provider
2
of
any
prescription
drugs,
products,
tests,
or
treatments
3
administered
to
the
patient,
or
enter
such
information
in
a
4
patient
record
system
also
used
by
the
primary
health
care
5
provider,
as
permitted
by
the
primary
health
care
provider.
If
6
the
patient
does
not
have
a
primary
health
care
provider,
the
7
pharmacist
shall
provide
the
patient
with
a
written
record
of
8
the
prescription
drugs,
products,
tests,
or
treatment
provided
9
to
the
patient
and
shall
advise
the
patient
to
consult
a
10
physician.
11
c.
Complete
annual
continuing
pharmacy
education
related
to
12
administration
protocols
recognized
and
approved
by
the
board.
13
Sec.
7.
REPEAL.
Sections
155A.34
and
155A.44,
Code
2018,
14
are
repealed.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
alters
the
practice
of
pharmacy
by
modifying
19
the
circumstances
under
which
a
pharmacist
can
delegate
20
prescription
verification
duties
to
employees.
The
bill
21
also
permits
pharmacists
to
prescribe
and
administer
certain
22
medications
and
treatments.
23
The
bill
creates
a
technician
product
verification
program
24
by
which
a
pharmacist
can
instruct
a
pharmacy
technician
25
to
verify
the
accuracy
of
any
dispensed
prescriptions
and
26
undertake
other
technical
functions
for
the
purpose
of
27
allowing
the
pharmacist
to
spend
more
time
on
patient
care
28
activities.
The
bill
directs
the
board
of
pharmacy
to
adopt
29
rules
establishing
the
requirements
for
technician
product
30
verification
programs.
31
The
bill
also
permits
pharmacists
to
order
and
administer
32
to
a
person
18
years
of
age
or
older
naloxone,
nicotine
33
replacement,
tobacco
cessation
products,
immunizations
34
or
vaccinations
recommended
by
the
United
States
centers
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for
disease
control
and
prevention
advisory
committee
on
1
immunization
practices
in
its
approved
vaccination
schedule
2
for
adults,
immunizations
recommended
by
the
United
States
3
centers
for
disease
control
and
prevention
for
international
4
travel,
Tdap
vaccinations
in
booster
applications,
and
other
5
emergency
immunizations
or
vaccinations
in
response
to
a
6
public
health
emergency,
pursuant
to
statewide
protocols
7
adopted
by
the
board
of
pharmacy
in
consultation
with
the
8
department
of
public
health.
A
pharmacist
may
also
administer,
9
pursuant
to
statewide
protocols,
to
patients
six
months
of
10
age
or
older
a
vaccine
or
immunization
for
influenza
and
11
other
emergency
immunizations
or
vaccinations
in
response
to
12
a
public
health
emergency.
A
pharmacist
may
administer
to
13
patients
11
years
of
age
or
older
the
final
two
doses
in
a
14
course
of
vaccinations
for
HPV
pursuant
to
statewide
protocols.
15
A
pharmacist
must
keep
a
record
of
all
prescription
drugs,
16
products,
and
treatments
administered,
notify
the
patient’s
17
primary
health
care
provider
or
provide
a
written
record
to
the
18
patient,
consult
the
statewide
immunization
registry
or
health
19
information
network,
and
complete
annual
continuing
pharmacy
20
education
related
to
the
protocols
adopted
by
the
board.
21
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