SF 117 (LSB 1531XS (2) 91)

SENATE FILE 117

BY  SALMON, CAMPBELL, WESTRICH, ALONS, GREEN, GUTH, EVANS, PIKE, ROWLEY, TAYLOR, and LOFGREN

A BILL FOR

An Act relating to the prescribing, ordering, dispensing, and administering authority of pharmacists and practitioners.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  155A.49  Restrictions on prescribing, ordering, dispensing, and administering authority by board or employer.
   1.  The board or any board created under chapter 147 that licenses a pharmacist or a practitioner and any employer of a pharmacist or practitioner shall not restrict the prescribing, ordering, dispensing, or administering authority of a pharmacist or practitioner, consistent with the pharmacist’s or practitioner’s scope of practice, in a way that acts as a deterrent for a pharmacist or practitioner to use a medication or treatment in accordance with the pharmacist’s or practitioner’s best professional judgment.
   2.  Any restriction by an employer of a pharmacist or practitioner that is prohibited under subsection 1, whether or not documented by the employer as part of a contract, agreement, or employee handbook, by an amendment to any such document, or by any other means, is unenforceable and shall not be the basis for any disciplinary action by the employer.
   3.  A pharmacist or practitioner who uses a medication or treatment in accordance with the pharmacist’s or practitioner’s best professional judgment and consistent with the pharmacist’s or practitioner’s scope of practice under this section shall not be subject to licensee discipline.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the prescribing, ordering, dispensing, and administering authority of practitioners and pharmacists.
   The bill prohibits the board of pharmacy and any health-related professional board under Code chapter 147 (general provisions, health-related professions) (boards) that license a pharmacist or practitioner and any employer of a pharmacist or practitioner from restricting the prescribing, ordering, dispensing, or administering authority of a pharmacist or practitioner, consistent with the pharmacist’s or practitioner’s scope of practice, in a way that acts as a deterrent for the pharmacist or practitioner to use a medication or treatment in accordance with the pharmacist’s or practitioner’s best professional judgment. The bill also provides that any restriction by an employer of a pharmacist or practitioner that is prohibited under the bill, whether or not documented by the employer as part of a contract, agreement, or employee handbook, by an amendment to any such document, or by any other means, is unenforceable and shall not be the basis for any disciplinary action by the employer. The bill also provides that a pharmacist or practitioner who uses a medication or treatment in accordance with the pharmacist’s or practitioner’s best professional judgment and consistent with the pharmacist’s or practitioner’s scope of practice under the bill, shall not be subject to licensee discipline.
   Code section 155A.3 defines “pharmacist” as a person licensed by the board of pharmacy to practice pharmacy; and “practitioner” as a physician, dentist, podiatric physician, prescribing psychologist, veterinarian, optometrist, physician assistant, advanced registered nurse practitioner, or other person licensed or registered to prescribe, distribute, or dispense a prescription drug or device in the course of professional practice in this state or a person licensed by another state in a health field in which, under Iowa law, licensees in this state may legally prescribe drugs.