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 TLSB 6082YH (2) 89 pf/rh
H.F. 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 -1- LSB 6082YH (2) 89 pf/rh 1/ 3
H.F. 2266 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 -2- LSB 6082YH (2) 89 pf/rh 2/ 3
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 -3- LSB 6082YH (2) 89 pf/rh 3/ 3