Senate Study Bill 3136 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HUMAN RESOURCES BILL BY CHAIRPERSON SEGEBART) A BILL FOR An Act relating to the Iowa prescription monitoring program by 1 establishing an advisory committee. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 6147XC (3) 87 ss/rh
S.F. _____ Section 1. Section 124.551, subsection 1, Code 2018, is 1 amended to read as follows: 2 1. Contingent upon the receipt of funds pursuant to 3 section 124.557 sufficient to carry out the purposes of 4 this subchapter , the board, in conjunction with the advisory 5 council committee created in section 124.555 , shall establish 6 and maintain an information program for drug prescribing and 7 dispensing. 8 Sec. 2. Section 124.552, subsection 1, paragraph l, Code 9 2018, is amended to read as follows: 10 l. Other information identified by the board and advisory 11 council by rule. 12 Sec. 3. Section 124.552, subsection 3, unnumbered paragraph 13 1, Code 2018, is amended to read as follows: 14 Information shall be timely transmitted as designated by the 15 board and advisory council by rule, unless the board grants an 16 extension. The board may grant an extension if either of the 17 following occurs: 18 Sec. 4. Section 124.553, subsection 1, paragraph b, Code 19 2018, is amended to read as follows: 20 b. An individual who requests the individual’s own program 21 information in accordance with the procedure established in 22 rules of the board and advisory council adopted under section 23 124.554 . 24 Sec. 5. Section 124.553, subsection 2, Code 2018, is amended 25 to read as follows: 26 2. The board shall maintain a record of each person that 27 requests information from the program. Pursuant to rules 28 adopted by the board and advisory council under section 29 124.554 , the board may use the records to document and report 30 statistical information, and may provide program information 31 for statistical, public research, public policy, or educational 32 purposes, after removing personal identifying information of a 33 patient, prescribing practitioner, dispenser, or other person 34 who is identified in the information. 35 -1- LSB 6147XC (3) 87 ss/rh 1/ 6
S.F. _____ Sec. 6. Section 124.554, subsection 1, unnumbered paragraph 1 1, Code 2018, is amended to read as follows: 2 The board and advisory council , in consultation with the 3 advisory committee, shall jointly adopt rules in accordance 4 with chapter 17A to carry out the purposes of, and to enforce 5 the provisions of, this subchapter . The rules shall include 6 but not be limited to the development of procedures relating 7 to: 8 Sec. 7. Section 124.554, subsection 1, paragraphs f and h, 9 Code 2018, are amended to read as follows: 10 f. Use by the board or advisory council committee of the 11 program request records required by section 124.553, subsection 12 2 , to document and report statistical information. 13 h. Access by a pharmacist or prescribing practitioner to 14 information in the program pursuant to a written agreement with 15 the board and advisory council . 16 Sec. 8. Section 124.554, subsection 2, Code 2018, is amended 17 to read as follows: 18 2. Beginning January 1, 2007 15, 2019 , and annually by 19 January 1 15 thereafter, the board and advisory council 20 committee shall present to the general assembly and the 21 governor a report prepared consistent with section 124.555, 22 subsection 3 , paragraph “d” , which shall include but not be 23 limited to the following: 24 a. The cost to the state of implementing and maintaining the 25 program. 26 b. Information from pharmacies, prescribing practitioners, 27 the board, the advisory council committee , and others regarding 28 the benefits or detriments of the program. 29 c. Information from pharmacies, prescribing practitioners, 30 the board, the advisory council committee , and others regarding 31 the board’s effectiveness in providing information from the 32 program. 33 Sec. 9. Section 124.555, Code 2018, is amended to read as 34 follows: 35 -2- LSB 6147XC (3) 87 ss/rh 2/ 6
S.F. _____ 124.555 Advisory council committee established. 1 An advisory council committee shall be established to 2 provide oversight to the board and the program and to comanage 3 program activities. The board and , in consultation with 4 the advisory council committee, shall jointly adopt rules 5 specifying the duties and activities of the advisory council 6 committee and related matters. 7 1. The council committee shall consist of eight a minimum 8 of four members appointed by the governor board . The members 9 shall include three but not be limited to at least one member 10 from each of the following categories: licensed pharmacists, 11 four physicians licensed under chapter 148 , and one licensed 12 prescribing practitioner practitioners who is are not a 13 physician physicians, and public members who are not health 14 care professionals . The governor shall board may solicit 15 recommendations for council committee members from Iowa health 16 professional licensing boards, associations, and societies , 17 and other interested groups . The license of each health care 18 professional member appointed to and serving on the advisory 19 council committee shall be current and in good standing with 20 the professional’s licensing board. 21 2. The council committee shall advance the goals of the 22 program, which include identification of misuse and diversion 23 of controlled substances identified pursuant to section 24 124.554, subsection 1 , paragraph “g” , reduction of overdoses 25 and deaths as a result of prescription controlled substance 26 use and abuse, and enhancement of the quality of health care 27 delivery in this state. 28 3. Duties of the council committee shall include but not be 29 limited to the following: 30 a. Ensuring the confidentiality of the patient, prescribing 31 practitioner, and dispensing pharmacist and pharmacy. 32 b. Respecting and preserving the integrity of the patient’s 33 treatment relationship with the patient’s health care 34 providers. 35 -3- LSB 6147XC (3) 87 ss/rh 3/ 6
S.F. _____ c. Encouraging and facilitating cooperative efforts 1 among health care practitioners and other interested and 2 knowledgeable persons in developing best practices for 3 prescribing and dispensing controlled substances and in 4 educating health care practitioners and patients regarding 5 controlled substance use and abuse. 6 d. Making recommendations regarding the continued benefits 7 of maintaining the program in relationship to cost and other 8 burdens to the patient, prescribing practitioner, pharmacist, 9 and the board. The council’s committee’s recommendations shall 10 be included in reports required by section 124.554, subsection 11 2 . 12 e. One physician and one pharmacist member of the council 13 shall include in their duties the responsibility for monitoring 14 and ensuring that patient confidentiality, best interests, and 15 civil liberties are at all times protected and preserved during 16 the existence of the program. 17 4. Members of the advisory council committee shall 18 be eligible to request and receive actual expenses for 19 their duties as members of the advisory council committee , 20 subject to reimbursement limits imposed by the department of 21 administrative services, and shall also be eligible to receive 22 a per diem compensation as provided in section 7E.6, subsection 23 1 . 24 Sec. 10. Section 124.556, Code 2018, is amended to read as 25 follows: 26 124.556 Education and treatment. 27 The program for drug prescribing and dispensing shall 28 include education initiatives and outreach to consumers, 29 prescribing practitioners, and pharmacists, and shall also 30 include assistance for identifying substance abuse treatment 31 programs and providers. The board and advisory council 32 committee shall adopt rules, as provided under section 124.554 , 33 to implement this section . 34 Sec. 11. TRANSITION —— APPOINTMENT AND TERMS OF ADVISORY 35 -4- LSB 6147XC (3) 87 ss/rh 4/ 6
S.F. _____ COMMITTEE MEMBERS. This Act’s amendments changing the name of 1 the “advisory council” to the “advisory committee” shall not 2 affect the appointment of a member who served on the advisory 3 council immediately prior to the effective date of this Act. 4 That member shall continue to serve on the advisory committee 5 at the pleasure of the governor. 6 Sec. 12. TRANSITION —— ADMINISTRATIVE RULES AND OTHER 7 ACTIONS AND DOCUMENTS. Any rule, form, order, or directive 8 promulgated by the advisory council created in section 124.550, 9 in force and effect immediately prior to the effective date of 10 this Act, shall continue in full force and effect until the 11 earlier of the following: 12 1. It is amended, rescinded, or supplemented by the 13 affirmative actions of the board of pharmacy. 14 2. It expires by its own terms. 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 Iowa prescription monitoring program 19 (PMP) by establishing an advisory committee. 20 The bill eliminates the PMP advisory council and creates an 21 advisory committee to assume the duties of the advisory council 22 which include providing oversight to the board of pharmacy 23 and the PMP and comanaging PMP activities. Committee members 24 shall be appointed from among health care professionals and 25 the general public by the board in numbers to be determined 26 by the board, provided the committee consists of at least 27 four members. The bill provides that members of the advisory 28 council shall continue to serve on the advisory committee and 29 that any rule, form, order, or directive promulgated by the 30 advisory council shall continue to be in force and effect until 31 they are amended, rescinded, or supplemented by the board of 32 pharmacy or expire by their own terms. 33 The bill also changes the due date for annual reports to the 34 governor and the legislature regarding the program from January 35 -5- LSB 6147XC (3) 87 ss/rh 5/ 6
S.F. _____ 1 to January 15. 1 -6- LSB 6147XC (3) 87 ss/rh 6/ 6