Bill Text: IA HF2136 | 2011-2012 | 84th General Assembly | Introduced


Bill Title: A bill for an act relating to pharmacies, including prescription requirements and patient privacy, and making penalties applicable.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-30 - Subcommittee, Schulte, Iverson, and Wolfe. H.J. 162. [HF2136 Detail]

Download: Iowa-2011-HF2136-Introduced.html
House File 2136 - Introduced HOUSE FILE 2136 BY PETTENGILL A BILL FOR An Act relating to pharmacies, including prescription 1 requirements and patient privacy, and making penalties 2 applicable. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5586HH (2) 84 jr/nh
H.F. 2136 Section 1. Section 155A.29, Code 2011, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. A prescription for any prescription 3 drug which is not a controlled substance may provide for a 4 ninety-day supply of the drug. 5 Sec. 2. Section 155A.35, Code 2011, is amended to read as 6 follows: 7 155A.35 Patient medication records —— confidentiality . 8 1. A licensed pharmacy shall maintain patient medication 9 records in accordance with rules adopted by the board. The 10 rules may provide exceptions to the consent requirement in 11 subsection 2 in situations where the board determines that 12 release of a record is necessary for the patient’s health, 13 safety, or welfare. 14 2. Confidential information in a patient medication record 15 shall not be released to any person without the consent of 16 the patient, except as provided in this section. Any person 17 receiving a patient medication record is subject to the same 18 restriction. 19 3. A patient medication record shall not be used for a 20 commercial purpose. 21 4. As used in this section, “confidential information” means 22 information accessed or maintained by a pharmacy in a patient’s 23 medication records which contains personally identifiable 24 information that could be used to identify the patient. 25 “Confidential information” includes but is not limited to the 26 patient’s name, address, telephone number, and social security 27 number; the prescriber’s name and address; and prescription 28 and drug or device information such as the therapeutic 29 effect, diagnosis, allergies, disease state, pharmaceutical 30 services rendered, medical information, and drug interactions, 31 regardless of whether such information is communicated to or 32 from the patient, is in the form of paper, is preserved on 33 microfilm, or is stored on electronic media. 34 EXPLANATION 35 -1- LSB 5586HH (2) 84 jr/nh 1/ 2
H.F. 2136 This bill allows for 90-day prescriptions of drugs which are 1 not controlled substances. 2 The bill also establishes confidentiality requirements 3 requiring patient consent before confidential information in 4 a patient’s medication records can be released and provides 5 that any recipient of a medication record is bound by the same 6 confidentiality restriction. The bill prohibits the use of 7 medication records for a commercial purpose. “Confidential 8 information” includes the patient’s name, address, telephone 9 number, and social security number; prescriber name and 10 address; and prescription and drug information. 11 The bill provides that the board of pharmacy may, by rule, 12 provide exceptions to the consent requirement in situations 13 where the board determines that release of a record is 14 necessary for the patient’s health, safety, or welfare. 15 Violators of the bill may be punished by the board of 16 pharmacy with licensing sanctions or civil penalties and also 17 commit a simple misdemeanor. 18 -2- LSB 5586HH (2) 84 jr/nh 2/ 2
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