HF 2056 (LSB 5581YH (2) 91)

HOUSE FILE 2056

BY  WILLS, THOMSON, and THOMPSON

A BILL FOR

An Act relating to the dispensing of hydroxychloroquine and ivermectin through a standing order in the state.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 155A.3, Code 2026, is amended by adding the following new subsections:
   NEW SUBSECTION.  10A.  “Department” means the department of public health.
   NEW SUBSECTION.  45A.  “Standing order” means a preauthorized medication order with specific instructions from the medical director of the department to dispense a medication under clearly defined circumstances.
    Sec. 2.  NEW SECTION.  155A.49  Pharmacist dispensing of hydroxychloroquine and ivermectin —— standing order —— requirements —— limitations of liability.
   1.  The medical director of the department shall establish a standing order authorizing the dispensing of hydroxychloroquine and ivermectin by a pharmacist.
   2.  a.  Notwithstanding any provision of law to the contrary, a pharmacist shall dispense hydroxychloroquine or ivermectin to a patient who is at least eighteen years of age, upon the request of a patient, pursuant to a standing order established by the medical director of the department in accordance with this section.
   b.  A pharmacist who dispenses hydroxychloroquine or ivermectin in accordance with this section shall provide the patient with the manufacturer’s label instructions for the drug at the time the drug is dispensed.
   c.  A pharmacist who dispenses hydroxychloroquine or ivermectin in accordance with this section shall not do any of the following:
   (1)  Require any other prescription drug order authorized by a practitioner or require the scheduling of an appointment with the pharmacist prior to the dispensing of the hydroxychloroquine or ivermectin to a patient.
   (2)  Maintain a record of the pharmacist’s encounter with the patient.
   3.  A pharmacist who dispenses hydroxychloroquine or ivermectin and the medical director of the department who establishes a standing order in compliance with this section shall be immune from criminal and civil liability arising from any damages caused by the dispensing or use of hydroxychloroquine or ivermectin or the establishment of the standing order. The medical director of the department shall be considered to be acting within the scope of the medical director’s office and employment for purposes of chapter 669 in the establishment of a standing order in compliance with this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires the medical director of the department of public health to establish a standing order authorizing the dispensing of hydroxychloroquine and ivermectin by a pharmacist. The bill requires a pharmacist to dispense hydroxychloroquine or ivermectin to a patient who is at least 18 years of age, upon the request of a patient, pursuant to a standing order established by the medical director. The pharmacist shall provide the patient with the manufacturer’s label instructions for the drug at the time the drug is dispensed. A pharmacist who dispenses hydroxychloroquine or ivermectin in accordance with the bill shall not require any other prescription drug order authorized by a practitioner or require a patient to schedule an appointment with the pharmacist prior to the dispensing of the hydroxychloroquine or ivermectin to the patient, or maintain a record of the pharmacist’s encounter with the patient. A pharmacist who dispenses hydroxychloroquine or ivermectin and the medical director of the department who establishes a standing order in compliance with the bill shall be immune from criminal and civil liability arising from any damages caused by the dispensing or use of the hydroxychloroquine or ivermectin or the establishment of the standing order. The medical director of the department shall be considered to be acting within the scope of the medical director’s office and employment for purposes of Code chapter 669 (state tort claims) in the establishment of a standing order in compliance with the bill.