HSB 532 (LSB 5333DP (4) 88)

SENATE/HOUSE FILE _____

BY  (PROPOSED BOARD OF PHARMACY BILL)

A BILL FOR

An Act relating to controlled substances, including information collection and reporting requirements under the Iowa prescription monitoring program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.551, subsection 2, paragraph b, Code 2020, is amended to read as follows:
   b.  The information collected shall be used by prescribing practitioners, veterinarians, and pharmacists on a need-to-know basis for purposes of improving patient health care by facilitating early identification of patients who may be at risk for addiction, or who may be using, abusing, or diverting drugs for unlawful or otherwise unauthorized purposes at risk to themselves and others, or who may be appropriately using controlled substances lawfully prescribed for them but unknown to the practitioner.
    Sec. 2.  Section 124.553, subsection 1, paragraph a, subparagraph (1), Code 2020, is amended to read as follows:
   (1)  A pharmacist, veterinarian, or prescribing practitioner who requests the information and certifies in a form specified by the board that it is for the purpose of providing medical or pharmaceutical care to a patient of the pharmacist, veterinarian, or prescribing practitioner. A pharmacist, veterinarian, or a prescribing practitioner may delegate program information access to another authorized individual or agent only if that individual or agent registers for program information access, pursuant to board rules, as an agent of the pharmacist, veterinarian, or prescribing practitioner. Board rules shall identify the qualifications for a pharmacist’s, veterinarian’s, or prescribing practitioner’s agent and shall limit the number of agents to whom each pharmacist, veterinarian, or prescribing practitioner may delegate program information access.
    Sec. 3.  Section 124.553, subsections 5 and 6, Code 2020, are amended to read as follows:
   5.  Nothing in this section shall require a pharmacist, veterinarian, or prescribing practitioner to obtain information about a patient from the program. A pharmacist, veterinarian, or prescribing practitioner does not have a duty and shall not be held liable in damages to any person in any civil or derivative criminal or administrative action for injury, death, or loss to person or property on the basis that the pharmacist, veterinarian, or prescribing practitioner did or did not seek or obtain or use information from the program. A pharmacist, veterinarian, or prescribing practitioner acting reasonably and in good faith is immune from any civil, criminal, or administrative liability that might otherwise be incurred or imposed for requesting or receiving or using information from the program.
   6.  The board shall not charge a fee to a pharmacy, pharmacist, veterinarian, or prescribing practitioner for the establishment, maintenance, or administration of the program, including costs for forms required to submit information to or access information from the program, except that the board may charge a fee to an individual who requests the individual’s own program information. A fee charged pursuant to this subsection shall not exceed the actual cost of providing the requested information and shall be considered a repayment receipt as defined in section 8.2.
    Sec. 4.  Section 124.554, subsection 1, paragraph g, Code 2020, is amended to read as follows:
   g.  Including all schedule II, schedule III, and schedule IV controlled substances, those substances in schedules III and IV that the advisory council and board determine can be addictive or fatal if not taken under the proper care and direction of a prescribing practitioner, schedule V controlled substances including when dispensed by a pharmacist without a prescription except for sales of pseudoephedrine that are reported to the real-time electronic repository, and opioid antagonists, and other prescription substances that the advisory council and board determine can be addictive or fatal if not taken under the proper care and direction of a prescribing practitioner.
    Sec. 5.  Section 124.554, subsection 2, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Beginning January February 1, 2007 2021, and annually by January February 1 thereafter, the board and advisory council shall present to the general assembly and the governor a report prepared consistent with section 124.555, subsection 3, paragraph “d”, which shall include but not be limited to the following:
    Sec. 6.  Section 124.554, subsection 3, paragraph a, unnumbered paragraph 1, Code 2020, is amended to read as follows:
   Beginning February 1, 2019, and annually Annually by February 1 thereafter, the board shall electronically, and at as low a cost as possible, issue each prescribing practitioner who prescribed a controlled substance reported to the program as dispensed in the preceding calendar year in this state a prescribing practitioner activity report which shall include but not be limited to the following:
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the Iowa prescription monitoring program (PMP). The bill allows veterinarians to register for and access information from the PMP. The bill expands PMP reporting requirements to all schedule III and schedule IV controlled substances and to all schedule V controlled substances except for sales of pseudoephedrine that are reported to the real-time electronic repository. The bill also requires the reporting of other prescription substances that the PMP advisory council and board of pharmacy determine could be addictive or fatal if not taken under the proper care and direction of a prescribing practitioner.
   The bill changes the due date for annual reports to the governor and legislature regarding the PMP from January 1 to February 1.