Senate Study Bill 3051 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF PHARMACY BILL) A BILL FOR An Act relating to controlled substances, including information 1 collection and reporting requirements under the Iowa 2 prescription monitoring program. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5333DP (4) 88 ss/rh
S.F. _____ H.F. _____ Section 1. Section 124.551, subsection 2, paragraph b, Code 1 2020, is amended to read as follows: 2 b. The information collected shall be used by prescribing 3 practitioners , veterinarians, and pharmacists on a need-to-know 4 basis for purposes of improving patient health care by 5 facilitating early identification of patients who may be at 6 risk for addiction, or who may be using, abusing, or diverting 7 drugs for unlawful or otherwise unauthorized purposes at risk 8 to themselves and others, or who may be appropriately using 9 controlled substances lawfully prescribed for them but unknown 10 to the practitioner. 11 Sec. 2. Section 124.553, subsection 1, paragraph a, 12 subparagraph (1), Code 2020, is amended to read as follows: 13 (1) A pharmacist , veterinarian, or prescribing practitioner 14 who requests the information and certifies in a form specified 15 by the board that it is for the purpose of providing medical 16 or pharmaceutical care to a patient of the pharmacist , 17 veterinarian, or prescribing practitioner. A pharmacist , 18 veterinarian, or a prescribing practitioner may delegate 19 program information access to another authorized individual or 20 agent only if that individual or agent registers for program 21 information access, pursuant to board rules, as an agent of the 22 pharmacist , veterinarian, or prescribing practitioner. Board 23 rules shall identify the qualifications for a pharmacist’s , 24 veterinarian’s, or prescribing practitioner’s agent and 25 shall limit the number of agents to whom each pharmacist , 26 veterinarian, or prescribing practitioner may delegate program 27 information access. 28 Sec. 3. Section 124.553, subsections 5 and 6, Code 2020, are 29 amended to read as follows: 30 5. Nothing in this section shall require a pharmacist , 31 veterinarian, or prescribing practitioner to obtain information 32 about a patient from the program. A pharmacist , veterinarian, 33 or prescribing practitioner does not have a duty and shall 34 not be held liable in damages to any person in any civil or 35 -1- LSB 5333DP (4) 88 ss/rh 1/ 3
S.F. _____ H.F. _____ derivative criminal or administrative action for injury, death, 1 or loss to person or property on the basis that the pharmacist , 2 veterinarian, or prescribing practitioner did or did not seek 3 or obtain or use information from the program. A pharmacist , 4 veterinarian, or prescribing practitioner acting reasonably 5 and in good faith is immune from any civil, criminal, or 6 administrative liability that might otherwise be incurred or 7 imposed for requesting or receiving or using information from 8 the program. 9 6. The board shall not charge a fee to a pharmacy, 10 pharmacist, veterinarian, or prescribing practitioner for the 11 establishment, maintenance, or administration of the program, 12 including costs for forms required to submit information to or 13 access information from the program, except that the board may 14 charge a fee to an individual who requests the individual’s own 15 program information. A fee charged pursuant to this subsection 16 shall not exceed the actual cost of providing the requested 17 information and shall be considered a repayment receipt as 18 defined in section 8.2 . 19 Sec. 4. Section 124.554, subsection 1, paragraph g, Code 20 2020, is amended to read as follows: 21 g. Including all schedule II , schedule III, and schedule IV 22 controlled substances , those substances in schedules III and IV 23 that the advisory council and board determine can be addictive 24 or fatal if not taken under the proper care and direction of 25 a prescribing practitioner , schedule V controlled substances 26 including when dispensed by a pharmacist without a prescription 27 except for sales of pseudoephedrine that are reported to the 28 real-time electronic repository, and opioid antagonists , and 29 other prescription substances that the advisory council and 30 board determine can be addictive or fatal if not taken under 31 the proper care and direction of a prescribing practitioner . 32 Sec. 5. Section 124.554, subsection 2, unnumbered paragraph 33 1, Code 2020, is amended to read as follows: 34 Beginning January February 1, 2007 2021 , and annually by 35 -2- LSB 5333DP (4) 88 ss/rh 2/ 3
S.F. _____ H.F. _____ January February 1 thereafter, the board and advisory council 1 shall present to the general assembly and the governor a 2 report prepared consistent with section 124.555, subsection 3 , 3 paragraph “d” , which shall include but not be limited to the 4 following: 5 Sec. 6. Section 124.554, subsection 3, paragraph a, 6 unnumbered paragraph 1, Code 2020, is amended to read as 7 follows: 8 Beginning February 1, 2019, and annually Annually by 9 February 1 thereafter , the board shall electronically, and at 10 as low a cost as possible, issue each prescribing practitioner 11 who prescribed a controlled substance reported to the program 12 as dispensed in the preceding calendar year in this state a 13 prescribing practitioner activity report which shall include 14 but not be limited to the following: 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 relates to the Iowa prescription monitoring 19 program (PMP). The bill allows veterinarians to register 20 for and access information from the PMP. The bill expands 21 PMP reporting requirements to all schedule III and schedule 22 IV controlled substances and to all schedule V controlled 23 substances except for sales of pseudoephedrine that are 24 reported to the real-time electronic repository. The bill also 25 requires the reporting of other prescription substances that 26 the PMP advisory council and board of pharmacy determine could 27 be addictive or fatal if not taken under the proper care and 28 direction of a prescribing practitioner. 29 The bill changes the due date for annual reports to the 30 governor and legislature regarding the PMP from January 1 to 31 February 1. 32 -3- LSB 5333DP (4) 88 ss/rh 3/ 3