Bill Text: IA HF2141 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to the prescribing of medications to treat the symptoms of erectile dysfunction, and providing penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-02-03 - Subcommittee, L. Miller, Bacon, and Wessel-Kroeschell. H.J. 160. [HF2141 Detail]
Download: Iowa-2015-HF2141-Introduced.html
House File 2141 - Introduced HOUSE FILE BY MASCHER A BILL FOR 1 An Act relating to the prescribing of medications to treat the 2 symptoms of erectile dysfunction, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5082YH (3) 86 pf/nh PAG LIN 1 1 Section 1. NEW SECTION. 146B.1 Prerequisites for 1 2 prescription to treat erectile dysfunction. 1 3 1. No person, other than a physician, shall issue to 1 4 a patient a prescription for a drug intended to treat the 1 5 symptoms of erectile dysfunction. 1 6 2. Prior to issuing a prescription for a drug intended to 1 7 treat the symptoms of erectile dysfunction, a physician shall 1 8 do all of the following: 1 9 a. Require at least one of the patient's sexual partners to 1 10 be interviewed by the physician and to certify that the patient 1 11 has experienced symptoms of erectile dysfunction in the ninety 1 12 days preceding the date of the interview. 1 13 b. Refer the patient to a person licensed to practice mental 1 14 health counseling pursuant to chapter 154D for an assessment 1 15 of the possible causes of the patient's symptoms of erectile 1 16 dysfunction and require the patient to provide a written report 1 17 in which the counselor concludes that the patient's symptoms 1 18 are not solely attributable to one or more psychological 1 19 conditions. 1 20 c. Conduct a cardiac stress test and obtain a result, 1 21 described in writing, indicating that the patient's cardiac 1 22 health is compatible with sexual activity. 1 23 d. Notify the patient, in writing, of the potential risks 1 24 and complications associated with taking drugs intended 1 25 to treat erectile dysfunction and obtain the patient's 1 26 signature on a form acknowledging the patient's receipt of the 1 27 notification. 1 28 e. Declare, in writing, under penalty of perjury, that the 1 29 drug the physician is prescribing is necessary to treat the 1 30 patient's symptoms of erectile dysfunction and attach to the 1 31 declaration a statement that clearly describes the physician's 1 32 medical rationale for issuing the prescription. 1 33 f. Place all documents described in this subsection 2 in the 1 34 patient's medical record and retain the documents as part of 1 35 that record for at least seven years. 2 1 3. To ensure the continued health of a patient to whom 2 2 a prescription for a drug intended to treat the symptoms of 2 3 erectile dysfunction has been issued, a physician shall do both 2 4 of the following as part of the physician's course of treatment 2 5 for the patient, including treatment rendered by issuing to the 2 6 patient a prescription authorizing one or more refills for the 2 7 drug originally prescribed or a prescription for another drug 2 8 intended to treat the symptoms of erectile dysfunction: 2 9 a. Require the patient to undergo a cardiac stress test 2 10 every ninety days while the patient is taking the drug to 2 11 ensure that the patient's cardiac health continues to be 2 12 compatible with sexual activity. 2 13 b. Require the patient to attend three sessions of 2 14 outpatient counseling within the period of six months after 2 15 the drug is initially prescribed for purposes of ensuring the 2 16 patient's understanding of the dangerous side effects of drugs 2 17 intended to treat the symptoms of erectile dysfunction. The 2 18 physician shall ensure these sessions include information 2 19 on nonpharmaceutical treatments for erectile dysfunction, 2 20 including sexual counseling and resources for patients to 2 21 pursue celibacy as a viable lifestyle choice. 2 22 4. As used in this section, "physician" means a person 2 23 licensed under chapter 148. 2 24 Sec. 2. Section 148.6, subsection 2, Code 2016, is amended 2 25 by adding the following new paragraph: 2 26 NEW PARAGRAPH. j. Failure to comply with the requirements 2 27 specified in section 146B.1 regarding prescribing of drugs 2 28 intended to treat the symptoms of erectile dysfunction and the 2 29 courses of treatment for patients receiving prescriptions for 2 30 those drugs. 2 31 EXPLANATION 2 32 The inclusion of this explanation does not constitute agreement with 2 33 the explanation's substance by the members of the general assembly. 2 34 This bill provides prerequisites for a prescription to treat 2 35 erectile dysfunction. The bill provides that no person, other 3 1 than a physician, shall issue to a patient a prescription for 3 2 a drug intended to treat symptoms of erectile dysfunction. 3 3 The bill specifies that prior to issuing a prescription for a 3 4 drug intended to treat the symptoms of erectile dysfunction, 3 5 a physician shall do all of the following: (1) require that 3 6 at least one of the patient's sexual partners be interviewed 3 7 by the physician and certify that the patient has experienced 3 8 symptoms of erectile dysfunction in the 90 days preceding 3 9 the date of the interview; (2) refer the patient to a person 3 10 licensed to practice mental health counseling for an assessment 3 11 of the possible causes of the patient's symptoms of erectile 3 12 dysfunction and require the patient to provide a written report 3 13 in which the counselor concludes that the patient's symptoms 3 14 are not solely attributable to one or more psychological 3 15 conditions; (3) conduct a cardiac stress test and obtain a 3 16 result, described in writing, indicating that the patient's 3 17 cardiac health is compatible with sexual activity; (4) 3 18 notify the patient, in writing, of the potential risks and 3 19 complications associated with taking drugs intended to treat 3 20 erectile dysfunction and obtain the patient's signature on a 3 21 form acknowledging the patient's receipt of the notification; 3 22 (5) declare, in writing, under penalty of perjury, that the 3 23 drug the physician is prescribing is necessary to treat the 3 24 patient's symptoms of erectile dysfunction and attach to the 3 25 declaration a statement that clearly describes the physician's 3 26 medical rationale for issuing the prescription; and (6) place 3 27 all such documents in the patient's medical record and retain 3 28 the documents as part of that record for at least seven years. 3 29 Additionally, in order to ensure the continued health 3 30 of a patient to whom a prescription for a drug intended to 3 31 treat the symptoms of erectile dysfunction has been issued, a 3 32 physician is required, as a part of the course of treatment for 3 33 the patient, including treatment rendered by issuing to the 3 34 patient a prescription authorizing one or more refills for the 3 35 drug originally prescribed or a prescription for another drug 4 1 intended to treat the symptoms of erectile dysfunction, to both 4 2 require the patient to undergo a cardiac stress test every 90 4 3 days while the patient is taking the drug to ensure that the 4 4 patient's cardiac health continues to be compatible with sexual 4 5 activity, and require the patient to attend three sessions of 4 6 outpatient counseling within the period of six months after 4 7 the drug is initially prescribed for purposes of ensuring 4 8 the patient's understanding of the dangerous side effects of 4 9 drugs intended to treat the symptoms of erectile dysfunction. 4 10 The physician is required to ensure these sessions include 4 11 information on nonpharmaceutical treatments for erectile 4 12 dysfunction, including sexual counseling and resources for 4 13 patients to pursue celibacy as a viable lifestyle choice. 4 14 The bill also provides that failure of a physician to comply 4 15 with the requirements specified regarding prescribing of drugs 4 16 intended to treat the symptoms of erectile dysfunction and the 4 17 courses of treatment for patients receiving prescriptions for 4 18 those drugs, is grounds for licensee discipline. LSB 5082YH (3) 86 pf/nh
