House
File
2266
-
Introduced
HOUSE
FILE
2266
BY
JACOBSEN
A
BILL
FOR
An
Act
relating
to
the
dispensing
of
hydroxychloroquine
and
1
ivermectin
through
a
standing
order
in
the
state.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2266
Section
1.
Section
155A.3,
Code
2022,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
10A.
“Department”
means
the
department
of
3
public
health.
4
NEW
SUBSECTION
.
45A.
“Standing
order”
means
a
preauthorized
5
medication
order
with
specific
instructions
from
the
medical
6
director
of
the
department
to
dispense
a
medication
under
7
clearly
defined
circumstances.
8
Sec.
2.
NEW
SECTION
.
155A.49
Pharmacist
dispensing
9
of
hydroxychloroquine
and
ivermectin
——
standing
order
——
10
requirements
——
limitations
of
liability.
11
1.
The
medical
director
of
the
department
shall
establish
a
12
standing
order
authorizing
the
dispensing
of
hydroxychloroquine
13
and
ivermectin
by
a
pharmacist.
14
2.
a.
Notwithstanding
any
provision
of
law
to
the
contrary,
15
a
pharmacist
shall
dispense
hydroxychloroquine
or
ivermectin
16
to
a
patient
who
is
at
least
eighteen
years
of
age,
upon
the
17
request
of
a
patient,
pursuant
to
a
standing
order
established
18
by
the
medical
director
of
the
department
in
accordance
with
19
this
section.
20
b.
A
pharmacist
who
dispenses
hydroxychloroquine
or
21
ivermectin
in
accordance
with
this
section
shall
provide
the
22
patient
with
the
manufacturer’s
label
instructions
for
the
drug
23
at
the
time
the
drug
is
dispensed.
24
c.
A
pharmacist
who
dispenses
hydroxychloroquine
or
25
ivermectin
in
accordance
with
this
section
shall
not
do
any
of
26
the
following:
27
(1)
Require
any
other
prescription
drug
order
authorized
28
by
a
practitioner
or
require
the
scheduling
of
an
appointment
29
with
the
pharmacist
prior
to
the
dispensing
of
the
30
hydroxychloroquine
or
ivermectin
to
a
patient.
31
(2)
Maintain
a
record
of
the
pharmacist’s
encounter
with
the
32
patient.
33
3.
A
pharmacist
who
dispenses
hydroxychloroquine
or
34
ivermectin
and
the
medical
director
of
the
department
35
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who
establishes
a
standing
order
in
compliance
with
this
1
section
shall
be
immune
from
criminal
and
civil
liability
2
arising
from
any
damages
caused
by
the
dispensing
or
use
of
3
hydroxychloroquine
or
ivermectin
or
the
establishment
of
the
4
standing
order.
The
medical
director
of
the
department
shall
5
be
considered
to
be
acting
within
the
scope
of
the
medical
6
director’s
office
and
employment
for
purposes
of
chapter
669
in
7
the
establishment
of
a
standing
order
in
compliance
with
this
8
section.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
requires
the
medical
director
of
the
department
13
of
public
health
to
establish
a
standing
order
authorizing
14
the
dispensing
of
hydroxychloroquine
and
ivermectin
by
a
15
pharmacist.
The
bill
requires
a
pharmacist
to
dispense
16
hydroxychloroquine
or
ivermectin
to
a
patient
who
is
at
least
17
18
years
of
age,
upon
the
request
of
a
patient,
pursuant
to
18
a
standing
order
established
by
the
medical
director.
The
19
pharmacist
shall
provide
the
patient
with
the
manufacturer’s
20
label
instructions
for
the
drug
at
the
time
the
drug
is
21
dispensed.
A
pharmacist
who
dispenses
hydroxychloroquine
or
22
ivermectin
in
accordance
with
the
bill
shall
not
require
any
23
other
prescription
drug
order
authorized
by
a
practitioner
24
or
require
a
patient
to
schedule
an
appointment
with
the
25
pharmacist
prior
to
the
dispensing
of
the
hydroxychloroquine
26
or
ivermectin
to
the
patient,
or
maintain
a
record
of
the
27
pharmacist’s
encounter
with
the
patient.
A
pharmacist
who
28
dispenses
hydroxychloroquine
or
ivermectin
and
the
medical
29
director
of
the
department
who
establishes
a
standing
order
30
in
compliance
with
the
bill
shall
be
immune
from
criminal
31
and
civil
liability
arising
from
any
damages
caused
by
the
32
dispensing
or
use
of
the
hydroxychloroquine
or
ivermectin
or
33
the
establishment
of
the
standing
order.
The
medical
director
34
of
the
department
shall
be
considered
to
be
acting
within
35
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H.F.
2266
the
scope
of
the
medical
director’s
office
and
employment
1
for
purposes
of
Code
chapter
669
(state
tort
claims)
in
the
2
establishment
of
a
standing
order
in
compliance
with
the
bill.
3
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6082YH
(2)
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pf/rh
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3