Senate Study Bill 1103 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON HEALTH AND HUMAN SERVICES BILL BY CHAIRPERSON EDLER) A BILL FOR An Act relating to the dispensing of an epinephrine 1 auto-injector by a pharmacist without a prescription. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1836XC (4) 90 pf/rh
S.F. _____ Section 1. NEW SECTION . 155A.49 Pharmacist dispensing of 1 epinephrine auto-injectors without a prescription —— protocol —— 2 immunity. 3 1. Notwithstanding any other provision of law to the 4 contrary, in accordance with a protocol developed pursuant 5 to this section, a pharmacist may dispense an epinephrine 6 auto-injector without a prescription to a person who is at 7 least eighteen years of age if the pharmacist has a record 8 of previously dispensing epinephrine to the person in 9 accordance with a prescription issued by a licensed health care 10 professional authorized to prescribe drugs. 11 2. A pharmacist who dispenses an epinephrine auto-injector 12 under this section shall do all of the following: 13 a. Provide instruction to the person to whom the epinephrine 14 auto-injector is dispensed to summon emergency services as 15 soon as practicable either before or after administering the 16 epinephrine. 17 b. Provide notice of the dispensing to the person’s primary 18 care provider, if known, or to the prescriber who issued the 19 person the initial prescription for epinephrine. 20 3. A pharmacist may document the dispensing of an 21 epinephrine auto-injector on a prescription form for 22 recordkeeping purposes. 23 4. This section does not affect the authority of a 24 pharmacist to fill or refill a prescription for epinephrine. 25 5. A prescriber or pharmacist acting reasonably and in good 26 faith, in accordance and compliance with the protocol developed 27 under this section, shall not be subject to licensee discipline 28 or liable for any injury arising from the prescribing or 29 dispensing of an epinephrine auto-injector as provided in this 30 section. 31 6. The board of pharmacy in consultation with the board 32 of medicine shall develop the protocol to be applied under 33 this section and shall adopt rules pursuant to chapter 17A to 34 administer this section. 35 -1- LSB 1836XC (4) 90 pf/rh 1/ 3
S.F. _____ 7. For the purposes of this section, “epinephrine 1 auto-injector” and “licensed health care professional” mean the 2 same as defined in section 280.16. 3 EXPLANATION 4 The inclusion of this explanation does not constitute agreement with 5 the explanation’s substance by the members of the general assembly. 6 This bill relates to the dispensing of epinephrine 7 auto-injectors by a pharmacist without a prescription. 8 The bill provides that in accordance with a protocol 9 developed under the bill, a pharmacist may dispense an 10 epinephrine auto-injector without a prescription to a person 11 who is at least 18 years of age if the pharmacist has a 12 record of previously dispensing epinephrine to the person in 13 accordance with a prescription issued by a licensed health care 14 professional authorized to prescribe drugs. 15 A pharmacist who dispenses an epinephrine auto-injector 16 under the bill shall provide instruction to the person to 17 whom the epinephrine auto-injector is dispensed to summon 18 emergency services as soon as practicable either before or 19 after administering the epinephrine and provide notice of the 20 dispensing to the person’s primary care provider, if known, 21 or to the prescriber who issued the individual the initial 22 prescription for epinephrine. A pharmacist may document the 23 dispensing of an epinephrine auto-injector on a prescription 24 form for recordkeeping purposes. The bill does not affect the 25 authority of a pharmacist to fill or refill a prescription for 26 epinephrine. 27 A prescriber or pharmacist acting reasonably and in good 28 faith in accordance and compliance with the protocol developed 29 under the bill is not subject to licensee discipline or liable 30 for any injury arising from the prescribing or dispensing of an 31 epinephrine auto-injector under the bill. 32 The board of pharmacy in consultation with the board 33 of medicine shall develop the protocol and shall adopt 34 administrative rules to administer the bill. 35 -2- LSB 1836XC (4) 90 pf/rh 2/ 3
S.F. _____ For the purposes of the bill, “epinephrine auto-injector” 1 means a device for immediate self-administration or 2 administration by another trained individual of a measured dose 3 of epinephrine to a person at risk of anaphylaxis and “licensed 4 health care professional” means a person licensed to practice 5 medicine and surgery or osteopathic medicine and surgery, 6 an advanced registered nurse practitioner, or a physician 7 assistant. 8 -3- LSB 1836XC (4) 90 pf/rh 3/ 3