Senate File 2158 - Introduced SENATE FILE 2158 BY CAMPBELL A BILL FOR An Act relating to the inspection of compounding pharmacies, 1 and making penalties applicable. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5293XS (2) 91 ss/ko
S.F. 2158 Section 1. Section 22.7, Code 2026, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 78. Records relating to the investigation 3 and remediation of an infraction at a compounding facility 4 engaging in the compounding of nonsterile preparations as 5 provided in section 155A.15A. 6 Sec. 2. NEW SECTION . 155A.15A Compounding facilities —— 7 inspections —— penalties. 8 1. a. If an inspector employed by the board discovers 9 during the course of an inspection that a compounding facility 10 engaging in the compounding of nonsterile preparations is 11 out of compliance with the requirements of United States 12 pharmacopeia general chapter 795, the inspector shall notify 13 the pharmacist in charge of the compounding facility of the 14 infraction that the pharmacist in charge must correct. 15 b. If an inspector employed by the board discovers 16 during the course of an inspection conducted not less than 17 thirty days, or more than ninety days, after the date of an 18 inspection described in paragraph “a” that the infraction 19 identified pursuant to paragraph “a” has not been corrected, 20 the inspector shall provide comprehensive instruction regarding 21 the infraction and the correction of the infraction to the 22 pharmacist in charge. 23 c. If an inspector employed by the board discovers during 24 the course of an inspection conducted not less than thirty 25 days, or more than ninety days, after an inspection described 26 in paragraph “b” that the infraction identified pursuant to 27 paragraph “a” has not been corrected, the inspector shall 28 prescribe mandatory education for the pharmacist in charge for 29 the correction of the infraction. 30 2. If a compounding facility engaging in the compounding 31 of nonsterile preparations does not correct an infraction as 32 provided in subsection 1, the board may impose a single fine 33 not to exceed five hundred dollars, which shall be adjusted for 34 inflation, as that term is defined in section 668.15A, by the 35 -1- LSB 5293XS (2) 91 ss/ko 1/ 2
S.F. 2158 board by rule on January 1 of each even-numbered year. The 1 board shall not impose any other fine or remedy for a violation 2 of this section. This subsection shall not affect damages 3 available in tort, contract, or otherwise for a violation of 4 this section. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the investigation and remediation of 9 infractions at compounding facilities (facility) engaging in 10 the compounding of nonsterile preparations. The bill requires 11 an inspector employed by the board of pharmacy (board) who 12 discovers during the course of an inspection that a facility 13 engaging in the compounding of nonsterile preparations 14 is out of compliance with the United States pharmacopeia 15 general chapter 795 to notify the pharmacist in charge of 16 the infraction. If an inspector discovers at a subsequent 17 inspection that the infraction has not been corrected, the bill 18 requires the inspector to provide comprehensive instruction 19 regarding the infraction and the correction of the infraction 20 to the pharmacist in charge. If an inspector discovers at a 21 third inspection that an infraction has not been corrected, the 22 bill requires the inspector to prescribe mandatory education 23 for the correction of the infraction to the pharmacist in 24 charge. 25 The bill allows the board to impose a single fee of not more 26 than $500, adjusted for inflation, on a facility that fails 27 to correct an infraction as provided in the bill. The bill 28 makes records relating to the investigation and remediation of 29 infractions pursuant to the bill confidential records that are 30 not subject to examination by the public. 31 -2- LSB 5293XS (2) 91 ss/ko 2/ 2