Bill Text: IA HF2299 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the regulation of the practice of pharmacy, providing penalties, and including effective date provisions. (See HF 2377.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-26 - Withdrawn. H.J. 393. [HF2299 Detail]
Download: Iowa-2017-HF2299-Introduced.html
House File 2299 - Introduced HOUSE FILE BY LUNDGREN A BILL FOR 1 An Act relating to the regulation of the practice of pharmacy, 2 providing penalties, and including effective date 3 provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6028YH (10) 87 ss/rh PAG LIN 1 1 DIVISION I 1 2 REGULATION OF THE PRESCRIPTION MONITORING PROGRAM 1 3 Section 1. Section 124.550, Code 2018, is amended by adding 1 4 the following new subsection: 1 5 NEW SUBSECTION. 3. "Program" means the information program 1 6 for drug prescribing and dispensing. 1 7 Sec. 2. Section 124.551, subsection 2, Code 2018, is amended 1 8 to read as follows: 1 9 2. The program shall collect from pharmacies dispensing 1 10 information for controlled substances identified pursuant 1 11 to section 124.554, subsection 1, paragraph "g", and from 1 12 first responders as defined in section 147A.1 administration 1 13 information for opioid antagonists. The information collected 1 14 shall be used by prescribing practitioners and pharmacists on 1 15 a need=to=know basis for purposes of improving patient health 1 16 care by facilitating early identification of patients who may 1 17 be at risk for addiction, or who may be using, abusing, or 1 18 diverting drugs for unlawful or otherwise unauthorized purposes 1 19 at risk to themselves and others, or who may be appropriately 1 20 using controlled substances lawfully prescribed for them but 1 21 unknown to the practitioner. 1 22 Sec. 3. NEW SECTION. 124.551A Prescribing practitioner 1 23 program registration. 1 24 A prescribing practitioner shall register for the program at 1 25 the same time the practitioner applies to the board to register 1 26 or renews registration to prescribe controlled substances as 1 27 required by the board. Once the prescribing practitioner 1 28 registers for the program, the practitioner shall utilize 1 29 the program database as prescribed by rule to assist the 1 30 prescribing practitioner in determining appropriate treatment 1 31 options and to improve the quality of patient care. 1 32 Sec. 4. Section 124.552, Code 2018, is amended to read as 1 33 follows: 1 34 124.552 Information reporting. 1 35 1.EachUnless otherwise prohibited by federal or state law, 2 1 each licensed pharmacy that dispenses controlled substances 2 2 identified pursuant to section 124.554, subsection 1, paragraph 2 3 "g", to patients in the state,andeach licensed pharmacy 2 4 located in the state that dispenses such controlled substances 2 5 identified pursuant to section 124.554, subsection 1, 2 6 paragraph "g", to patients inside or outside the state, unless 2 7 specifically excepted in this section or by rule, and each 2 8 prescribing practitioner furnishing, dispensing, or supplying 2 9 controlled substances to the prescribing practitioner's 2 10 patient, shall submit the following prescription information 2 11 to the program: 2 12 a. Pharmacy identification. 2 13 b. Patient identification. 2 14 c. Prescribing practitioner identification. 2 15 d. The date the prescription was issued by the prescribing 2 16 practitioner. 2 17 e. The date the prescription was dispensed. 2 18 f. An indication of whether the prescription dispensed is 2 19 new or a refill. 2 20 g. Identification of the drug dispensed. 2 21 h. Quantity of the drug dispensed. 2 22 i. The number of days' supply of the drug dispensed. 2 23 j. Serial or prescription number assigned by the pharmacy. 2 24 k. Type of payment for the prescription. 2 25 l. Other information identified by the boardand advisory 2 26 councilby rule. 2 27 2. Information shall be submitted electronically in a 2 28 secure format specified by the board unless the board has 2 29 granted a waiver and approved an alternate secure format. 2 30 3. Information shall be timely transmittedas designated 2 31 by the board and advisory council by rulewithin twenty=four 2 32 hours of the dispensing of the controlled substance, unless the 2 33 board grants an extension. The board may grant an extension if 2 34 either of the following occurs: 2 35 a. The pharmacy or prescribing practitioner suffers 3 1 a mechanical or electronic failure, or cannot meet the 3 2 deadline established by the board for other reasons beyond the 3 3 pharmacy's or practitioner's control. 3 4 b. The board is unable to receive electronic submissions. 3 5 4. This section shall not apply toa prescribing 3 6 practitioner furnishing, dispensing, supplying, or 3 7 administering drugs to the prescribing practitioner's patient, 3 8 or todispensing by a licensed pharmacy for the purposes of 3 9inpatient hospital care,inpatient hospice care,or long=term 3 10 residential facility patient care. 3 11 Sec. 5. Section 124.553, subsection 4, Code 2018, is amended 3 12 by striking the subsection. 3 13 Sec. 6. Section 124.554, subsection 1, paragraphs b, c, d, 3 14 and g, Code 2018, are amended to read as follows: 3 15 b. An electronic format for the submission of information 3 16 from pharmacies and prescribing practitioners. 3 17 c. A waiver to submit information in another format for 3 18 a pharmacy or prescribing practitioner unable to submit 3 19 information electronically. 3 20 d. An application by a pharmacy or prescribing practitioner 3 21 for an extension of time for transmitting information to the 3 22 program. 3 23 g. Including all schedule II controlled substances,and3 24 those substances in schedules III and IV that the advisory 3 25 council and board determine can be addictive or fatal if not 3 26 taken under the proper care and direction of a prescribing 3 27 practitioner, and opioid antagonists. 3 28 Sec. 7. Section 124.557, Code 2018, is amended to read as 3 29 follows: 3 30 124.557 Drug information program fund. 3 31 The drug information program fund is established to be used 3 32 by the board to fund or assist in funding the program. The 3 33 board may make deposits into the fund from any source, public 3 34 or private, including grants or contributions of money or other 3 35 items of value, which it determines necessary to carry out the 4 1 purposes of this subchapter. The board may add a surcharge 4 2 of not more than twenty=five percent to the applicable fee 4 3 for a registration issued pursuant to section 124.302 and the 4 4 surcharge shall be deposited into the fund. Moneys received 4 5 by the board to establish and maintain the program must 4 6 be used for the expenses of administering this subchapter. 4 7 Notwithstanding section 8.33, amounts contained in the fund 4 8 that remain unencumbered or unobligated at the close of the 4 9 fiscal year shall not revert but shall remain available for 4 10 expenditure for the purposes designated in future years. 4 11 Sec. 8. Section 124.558, subsection 1, Code 2018, is amended 4 12 to read as follows: 4 13 1. Failure to comply with requirements. A pharmacist, 4 14 pharmacy, prescribing practitioner, or agent of a pharmacist 4 15 or prescribing practitioner who knowingly fails to comply 4 16 with the confidentiality requirements of this subchapter 4 17 or who delegates program information access to another 4 18 individual except as provided in section 124.553, is subject to 4 19 disciplinary action by the appropriate professional licensing 4 20 board. A pharmacist,orpharmacy, or prescribing practitioner 4 21 that knowingly fails to comply with other requirements of this 4 22 subchapter is subject to disciplinary action by the board. 4 23 Each licensing board may adopt rules in accordance with chapter 4 24 17A to implement the provisions of this section. 4 25 Sec. 9. Section 147A.4, Code 2018, is amended by adding the 4 26 following new subsection: 4 27 NEW SUBSECTION. 5. The department shall adopt rules 4 28 requiring first responders to report to the program the 4 29 following information regarding the administration of opioid 4 30 antagonists by first responders: 4 31 a. Patient identification. 4 32 b. Identification of the person administering opioid 4 33 antagonists. 4 34 c. The date of administration. 4 35 d. The quantity of opioid antagonists administered. 5 1 DIVISION II 5 2 ELECTRONIC PRESCRIPTIONS 5 3 Sec. 10. Section 124.308, Code 2018, is amended by striking 5 4 the section and inserting in lieu thereof the following: 5 5 124.308 Prescriptions. 5 6 1. Except when dispensed directly by a practitioner to an 5 7 ultimate user, a prescription drug as defined in section 155A.3 5 8 that is a controlled substance shall not be dispensed without 5 9 a prescription, unless such prescription is authorized by a 5 10 practitioner and complies with this section, section 155A.27, 5 11 applicable federal law and regulation, and rules of the board. 5 12 2. a. Beginning July 1, 2019, every prescription issued 5 13 for a controlled substance shall be transmitted electronically 5 14 as an electronic prescription pursuant to the requirements in 5 15 subsection 2, paragraph "b", unless exempt under subsection 2, 5 16 paragraph "c". 5 17 b. Except for prescriptions identified in paragraph "c", 5 18 a prescription that is transmitted pursuant to paragraph "a" 5 19 shall be transmitted to a pharmacy by a practitioner or the 5 20 practitioner's authorized agent in compliance with federal 5 21 law and regulation for electronic prescriptions of controlled 5 22 substances. The practitioner's electronic prescription system 5 23 and the receiving pharmacy's dispensing system shall comply 5 24 with federal law and regulation for electronic prescriptions of 5 25 controlled substances. 5 26 c. Paragraph "b" shall not apply to any of the following: 5 27 (1) A prescription for a patient residing in a nursing home, 5 28 long=term care facility, correctional facility, or jail. 5 29 (2) A prescription authorized by a licensed veterinarian. 5 30 (3) A prescription dispensed by a department of veterans 5 31 affairs pharmacy. 5 32 (4) A prescription requiring information that makes 5 33 electronic submission impractical, such as complicated or 5 34 lengthy directions for use or attachments. 5 35 (5) A prescription for a compounded preparation containing 6 1 two or more components. 6 2 (6) A prescription issued in response to a public health 6 3 emergency in a situation where a non=patient specific 6 4 prescription would be permitted. 6 5 (7) A prescription issued pursuant to an established and 6 6 valid collaborative practice agreement, standing order, or drug 6 7 research protocol, except for a standing order for an opioid 6 8 antagonist. 6 9 (8) A prescription issued during a temporary technical or 6 10 electronic failure at the prescriber's or pharmacy's location. 6 11 (9) A prescription issued in an emergency situation 6 12 pursuant to federal law and regulation rules of the board. 6 13 d. A practitioner, as defined in section 124.101, subsection 6 14 27, paragraph "a", who violates paragraph "a" is subject 6 15 to an administrative penalty of two hundred fifty dollars 6 16 per violation, up to a maximum of five thousand dollars per 6 17 calendar year. The assessment of an administrative penalty 6 18 pursuant to this paragraph by the appropriate licensing board 6 19 of the practitioner alleged to have violated paragraph "a" 6 20 shall not be considered a disciplinary action and shall not be 6 21 released or reported as discipline. A practitioner may appeal 6 22 the assessment of an administrative penalty pursuant to this 6 23 paragraph, which shall initiate a contested case proceeding 6 24 under chapter 17A. A penalty collected pursuant to this 6 25 paragraph shall be deposited into the drug information program 6 26 fund established pursuant to section 124.557. The board shall 6 27 be notified of any administrative penalties assessed by the 6 28 appropriate professional licensing board and deposited into the 6 29 drug information program fund under this paragraph. 6 30 3. A prescription issued prior to July 1, 2019, or a 6 31 prescription that is exempt from the electronic prescription 6 32 requirement in subsection 2, paragraph "c", may be transmitted 6 33 by a practitioner or the practitioner's authorized agent to a 6 34 pharmacy in any of the following ways: 6 35 a. Electronically, if transmitted in accordance with 7 1 the requirements for electronic prescriptions pursuant to 7 2 subsection 2. 7 3 b. By facsimile for a schedule III, IV, or V controlled 7 4 substance, or for a schedule II controlled substance only 7 5 pursuant to federal law and regulation and rules of the board. 7 6 c. Orally for a schedule III, IV, or V controlled substance, 7 7 or for a schedule II controlled substance only in an emergency 7 8 situation pursuant to federal regulation and rules of the 7 9 board. 7 10 d. By providing an original signed prescription to a patient 7 11 or a patient's authorized representative. 7 12 4. If permitted by federal law and in accordance with 7 13 federal requirements, an electronic or facsimile prescription 7 14 shall serve as the original signed prescription and the 7 15 practitioner shall not provide a patient, a patient's 7 16 authorized representative, or the dispensing pharmacy with a 7 17 signed, written prescription. An original signed prescription 7 18 shall be retained for a minimum of two years from the date of 7 19 the latest dispensing or refill of the prescription. 7 20 5. A prescription for a schedule II controlled substance 7 21 shall not be filled more than six months after the date 7 22 of issuance. A prescription for a schedule II controlled 7 23 substance shall not be refilled. 7 24 6. A prescription for a schedule III, IV, or V controlled 7 25 substance shall not be filled or refilled more than six months 7 26 after the date on which the prescription was issued or be 7 27 refilled more than five times. 7 28 7. A controlled substance shall not be distributed or 7 29 dispensed other than for a medical purpose. 7 30 8. A practitioner, medical group, or pharmacy that is unable 7 31 to timely comply with the electronic prescribing requirements 7 32 in subsection 2, paragraph "b", may petition the board for an 7 33 exemption from the requirements based upon economic hardship, 7 34 technical limitations that the practitioner, medical group, or 7 35 pharmacy cannot control, or other exceptional circumstances. 8 1 The board shall adopt rules establishing the form and specific 8 2 information to be included in a request for an exemption 8 3 and the specific criteria to be considered by the board in 8 4 determining whether to approve a request for an exemption. The 8 5 board may approve an exemption for a period of time determined 8 6 by the board not to exceed one year from the date of approval, 8 7 and may be renewed annually upon request subject to board 8 8 approval. 8 9 Sec. 11. Section 155A.27, Code 2018, is amended by striking 8 10 the section and inserting in lieu thereof the following: 8 11 155A.27 Requirements for prescription. 8 12 1. Except when dispensed directly by a prescriber to an 8 13 ultimate user, a prescription drug shall not be dispensed 8 14 without a prescription, authorized by a prescriber, and based 8 15 on a valid patient=prescriber relationship. 8 16 2. a. Beginning July 1, 2019, every prescription issued for 8 17 a prescription drug shall be transmitted electronically as an 8 18 electronic prescription to a pharmacy by a prescriber or the 8 19 prescriber's authorized agent unless exempt under paragraph 8 20 "b". 8 21 b. Paragraph "a" shall not apply to any of the following: 8 22 (1) A prescription for a patient residing in a nursing home, 8 23 long=term care facility, correctional facility, or jail. 8 24 (2) A prescription authorized by a licensed veterinarian. 8 25 (3) A prescription for a device. 8 26 (4) A prescription dispensed by a department of veterans 8 27 affairs pharmacy. 8 28 (5) A prescription requiring information that makes 8 29 electronic transmission impractical, such as complicated or 8 30 lengthy directions for use or attachments. 8 31 (6) A prescription for a compounded preparation containing 8 32 two or more components. 8 33 (7) A prescription issued in response to a public health 8 34 emergency in a situation where a non=patient specific 8 35 prescription would be permitted. 9 1 (8) A prescription issued for epinephrine pursuant to 9 2 section 135.185. 9 3 (9) A prescription issued pursuant to an established and 9 4 valid collaborative practice agreement, standing order, or drug 9 5 research protocol except for a standing order for an opioid 9 6 antagonist. 9 7 (10) A prescription issued during a temporary technical 9 8 or electronic failure at the location of the prescriber or 9 9 pharmacy. 9 10 (11) A prescription issued in an emergency situation 9 11 pursuant to federal law and regulation and rules of the board. 9 12 c. A practitioner, as defined in section 124.101, subsection 9 13 27, paragraph "a", who violates paragraph "a" is subject 9 14 to an administrative penalty of two hundred fifty dollars 9 15 per violation, up to a maximum of five thousand dollars per 9 16 calendar year. The assessment of an administrative penalty 9 17 pursuant to this paragraph by the appropriate licensing board 9 18 of the practitioner alleged to have violated paragraph "a" 9 19 shall not be considered a disciplinary action and shall not be 9 20 released or reported as discipline. A practitioner may appeal 9 21 the assessment of an administrative penalty pursuant to this 9 22 paragraph, which shall initiate a contested case proceeding 9 23 under chapter 17A. A penalty collected pursuant to this 9 24 paragraph shall be deposited into the drug information program 9 25 fund established pursuant to section 124.557. The board shall 9 26 be notified of any administrative penalties assessed by the 9 27 appropriate professional licensing board and deposited into the 9 28 drug information program fund under this paragraph. 9 29 3. For prescriptions issued prior to July 1, 2019, or 9 30 for prescriptions exempt from the electronic prescription 9 31 requirement in subsection 2, paragraph "b", a prescriber or the 9 32 prescriber's authorized agent may transmit a prescription for a 9 33 prescription drug to a pharmacy by any of the following means: 9 34 a. Electronically. 9 35 b. By facsimile. 10 1 c. Orally. 10 2 d. By providing an original signed prescription to a patient 10 3 or a patient's authorized representative. 10 4 4. A prescription shall be issued in compliance with 10 5 this subsection. Regardless of the means of transmission, a 10 6 prescriber shall provide verbal verification of a prescription 10 7 upon request of the pharmacy. 10 8 a. If written, electronic, or facsimile, each prescription 10 9 shall contain all of the following: 10 10 (1) The date of issue. 10 11 (2) The name and address of the patient for whom, or the 10 12 owner of the animal for which, the drug is dispensed. 10 13 (3) The name, strength, and quantity of the drug prescribed. 10 14 (4) The directions for use of the drug, medicine, or device 10 15 prescribed. 10 16 (5) The name, address, and written or electronic signature 10 17 of the prescriber issuing the prescription. 10 18 (6) The federal drug enforcement administration number, if 10 19 required under chapter 124. 10 20 b. If electronic, each prescription shall comply with all 10 21 of the following: 10 22 (1) The prescriber shall ensure that the electronic system 10 23 used to transmit the electronic prescription has adequate 10 24 security and safeguards designed to prevent and detect 10 25 unauthorized access, modification, or manipulation of the 10 26 prescription. 10 27 (2) Notwithstanding paragraph "a", subparagraph (5), 10 28 for prescriptions that are not controlled substances, if 10 29 transmitted by an authorized agent, the electronic prescription 10 30 shall not require the written or electronic signature of the 10 31 prescriber issuing the prescription. 10 32 c. If facsimile, in addition to the requirements of 10 33 paragraph "a", each prescription shall contain all of the 10 34 following: 10 35 (1) The identification number of the facsimile machine 11 1 which is used to transmit the prescription. 11 2 (2) The date and time of transmission of the prescription. 11 3 (3) The name, address, telephone number, and facsimile 11 4 number of the pharmacy to which the prescription is being 11 5 transmitted. 11 6 d. If oral, the prescriber issuing the prescription 11 7 shall furnish the same information required for a written 11 8 prescription, except for the written signature and address 11 9 of the prescriber. Upon receipt of an oral prescription, 11 10 the recipient shall promptly reduce the oral prescription to 11 11 a written format by recording the information required in a 11 12 written prescription. 11 13 e. A prescription transmitted by electronic, facsimile, 11 14 or oral means by a prescriber's agent shall also include 11 15 the name and title of the prescriber's agent completing the 11 16 transmission. 11 17 5. An electronic, facsimile, or oral prescription 11 18 shall serve as the original signed prescription and the 11 19 prescriber shall not provide a patient, a patient's authorized 11 20 representative, or the dispensing pharmacist with a signed 11 21 written prescription. Prescription records shall be retained 11 22 pursuant to rules of the board. 11 23 6. This section shall not prohibit a pharmacist, 11 24 in exercising the pharmacist's professional judgment, 11 25 from dispensing, at one time, additional quantities of a 11 26 prescription drug, with the exception of a prescription drug 11 27 that is a controlled substance as defined in section 124.101, 11 28 up to the total number of dosage units authorized by the 11 29 prescriber on the original prescription and any refills of 11 30 the prescription, not to exceed a ninety=day supply of the 11 31 prescription drug as specified on the prescription. 11 32 7. A prescriber, medical group, institution, or pharmacy 11 33 that is unable to timely comply with the electronic prescribing 11 34 requirements in subsection 2, paragraph "a", may petition 11 35 the board for an exemption from the requirements based upon 12 1 economic hardship, technical limitations that the prescriber, 12 2 medical group, institution, or pharmacy cannot control, or 12 3 other exceptional circumstances. The board shall adopt rules 12 4 establishing the form and specific information to be included 12 5 in a request for an exemption and the specific criteria to be 12 6 considered by the board in determining whether to approve a 12 7 request for an exemption. The board may approve an exemption 12 8 for a period of time determined by the board, not to exceed one 12 9 year from the date of approval, and may be annually renewed 12 10 subject to board approval upon request. 12 11 Sec. 12. Section 155A.29, subsection 4, Code 2018, is 12 12 amended to read as follows: 12 13 4. An authorization to refill a prescription drug ordermay 12 14shall be transmitted to apharmacistpharmacy by a prescriber 12 15 or the prescriber's authorized agentthrough word of mouth, 12 16 note, telephone, facsimile, or other means of communication 12 17 initiated by or directed by the practitioner. The transmission 12 18 shall include the information requiredpursuant to section 12 19 155A.27, except that prescription drug orders for controlled 12 20 substances shall be transmitted pursuant to section 124.308, 12 21 and, if not transmitted directly by the practitioner, 12 22 shallidentify byalso include the name and title of the 12 23 practitioner's agent completing the transmission. 12 24 DIVISION III 12 25 PRESCRIBER ACTIVITY REPORTS 12 26 Sec. 13. Section 124.553, subsection 1, Code 2018, is 12 27 amended by adding the following new paragraph: 12 28 NEW PARAGRAPH. g. A prescribing practitioner for the 12 29 issuance of a required report pursuant to section 124.554, 12 30 subsection 3. 12 31 Sec. 14. Section 124.554, subsection 1, Code 2018, is 12 32 amended by adding the following new paragraph: 12 33 NEW PARAGRAPH. j. The issuance annually of a prescribing 12 34 practitioner activity report compiled from information from the 12 35 program pursuant to subsection 3. 13 1 Sec. 15. Section 124.554, Code 2018, is amended by adding 13 2 the following new subsection: 13 3 NEW SUBSECTION. 3. a. Beginning February 1, 2019, 13 4 and annually by February 1 thereafter, the board shall 13 5 electronically, and at as low a cost as possible, issue each 13 6 prescribing practitioner who prescribed a controlled substance 13 7 reported to the program as dispensed in the preceding calendar 13 8 year in this state a prescribing practitioner activity report 13 9 which shall include but not be limited to the following: 13 10 (1) A cover letter. 13 11 (2) A summary of the prescribing practitioner's history of 13 12 prescribing controlled substances. 13 13 (3) A comparison of the prescribing practitioner's history 13 14 of prescribing controlled substances with the history of other 13 15 prescribing practitioners of the same profession or specialty. 13 16 (4) The prescribing practitioner's history of program use. 13 17 (5) General patient risk factors. 13 18 (6) Educational updates. 13 19 (7) Other pertinent information identified by the board and 13 20 advisory council by rule. 13 21 b. Information provided to a prescribing practitioner in a 13 22 report required under this subsection is privileged and shall 13 23 be kept confidential pursuant to section 124.553, subsection 3. 13 24 Sec. 16. Section 124.556, Code 2018, is amended to read as 13 25 follows: 13 26 124.556 Education and treatment. 13 27 The programfor drug prescribing and dispensingshall 13 28 include education initiatives and outreach to consumers, 13 29 prescribing practitioners, and pharmacists, and shall also 13 30 include assistance for identifying substance abuse treatment 13 31 programs and providers. The program shall also include 13 32 educational updates and information on general patient risk 13 33 factors for prescribing practitioners. The board and advisory 13 34 council shall adopt rules, as provided under section 124.554, 13 35 to implement this section. 14 1 DIVISION IV 14 2 SUBSTANCE ABUSE PREVENTION 14 3 Sec. 17. Section 124.550, Code 2018, is amended by adding 14 4 the following new subsection: 14 5 NEW SUBSECTION. 3. "Proactive notification" means 14 6 a notification by the board, generated based on factors 14 7 determined by the board and issued to a specific prescribing 14 8 practitioner or pharmacist, indicating that a patient may 14 9 be practitioner shopping or pharmacy shopping or at risk of 14 10 abusing or misusing a controlled substance. 14 11 Sec. 18. Section 124.553, subsection 1, Code 2018, is 14 12 amended by adding the following new paragraph: 14 13 NEW PARAGRAPH. g. A prescribing practitioner or pharmacist 14 14 through the use of a targeted distribution of proactive 14 15 notifications. 14 16 Sec. 19. Section 124.553, subsections 2 and 3, Code 2018, 14 17 are amended to read as follows: 14 18 2. The board shall maintain a record of each person that 14 19 requests information from the program and of all proactive 14 20 notifications distributed to prescribing practitioners and 14 21 dispensing pharmacists as provided in subsection 1, paragraph 14 22 "g". Pursuant to rules adopted by the boardand advisory 14 23 councilunder section 124.554, the board may use the records 14 24 to document and report statistical information, and may 14 25 provide program information for statistical, public research, 14 26 public policy, or educational purposes, after removing 14 27 personal identifying information of a patient, prescribing 14 28 practitioner, dispenser, or other person who is identified in 14 29 the information. 14 30 3. Information contained in the program and any information 14 31 obtained from it, and information contained in the records 14 32 of requests for information from the program and information 14 33 distributed to prescribing practitioners and dispensing 14 34 pharmacists as provided in subsection 1, paragraph "g", 14 35 is privileged and strictly confidential information. Such 15 1 information is a confidential public record pursuant to section 15 2 22.7, and is not subject to discovery, subpoena, or other 15 3 means of legal compulsion for release except as provided in 15 4 this subchapter. Information from the program shall not be 15 5 released, shared with an agency or institution, or made public 15 6 except as provided in this subchapter. 15 7 Sec. 20. Section 124.554, subsection 1, Code 2018, is 15 8 amended by adding the following new paragraph: 15 9 NEW PARAGRAPH. j. The establishment of thresholds or other 15 10 criteria or measures to be used in identifying an at=risk 15 11 patient as provided in section 124.553, subsection 1, paragraph 15 12 "g", and the targeted distribution of proactive notifications 15 13 suggesting review of the patient's prescription history. 15 14 Sec. 21. NEW SECTION. 147.162 Rules and directives relating 15 15 to controlled substances. 15 16 1. Any board created under this chapter that licenses a 15 17 prescribing practitioner shall adopt rules under chapter 17A 15 18 establishing penalties for prescribing practitioners that 15 19 prescribe controlled substances in dosage amounts exceeding 15 20 what would be prescribed by a reasonably prudent prescribing 15 21 practitioner engaged in the same practice. 15 22 2. For the purposes of this section, "prescribing 15 23 practitioner" means a licensed health care professional with the 15 24 authority to prescribe prescription drugs including controlled 15 25 substances. 15 26 DIVISION V 15 27 REGISTRATION 15 28 Sec. 22. Section 124.302, subsections 1 and 4, Code 2018, 15 29 are amended to read as follows: 15 30 1. Every person who manufactures, distributes, or dispenses 15 31 any controlled substancewithinin this state or who proposes 15 32 to engage in the manufacture, distribution, or dispensing 15 33 of any controlled substance within this state, shall obtain 15 34 and maintain abiennialregistration issued by the board in 15 35 accordance with its rules. 16 1 4. A separate registration is required for each principal 16 2 place of business or professional practice where the applicant 16 3 manufactures, distributes,ordispenses, or conducts research 16 4 with controlled substances. 16 5 Sec. 23. Section 124.304, subsection 1, Code 2018, is 16 6 amended to read as follows: 16 7 1. The board may suspend, revoke, or restrict a registration 16 8 under section 124.303to manufacture, distribute, or dispense 16 9 a controlled substance, or otherwise discipline a registrant, 16 10 upon a finding that any of the following apply to the 16 11 registrant: 16 12 a. The registrant has furnished false or fraudulent material 16 13 information in any application filed under this chapter or 16 14 any other chapter which applies to the registrant or the 16 15 registrant's practice. 16 16 b. The registrant has had the registrant's federal 16 17 registration to manufacture, distribute,ordispense, or 16 18 conduct research with controlled substances suspended, revoked, 16 19 or restricted. 16 20 c. The registrant has been convicted of a public offense 16 21 under any state or federal law relating to any controlled 16 22 substance. For the purpose of this section only, a conviction 16 23 shall include a plea of guilty, a forfeiture of bail or 16 24 collateral deposited to secure a defendant's appearance in 16 25 court which forfeiture has not been vacated, or a finding 16 26 of guilt in a criminal action even though the entry of the 16 27 judgment or sentence has been withheld and the individual 16 28 placed on probation. 16 29 d. The registrant has committed such acts as would 16 30 render the registrant's registration under section 124.303 16 31 inconsistent with the public interest as determined under that 16 32 section. 16 33 e. If the registrant is a licensed health care professional, 16 34 the registrant has had the registrant's professional license 16 35 revoked or suspended or has been otherwise disciplined in a 17 1 way that restricts the registrant's authority to handle or 17 2 prescribe controlled substances. 17 3 Sec. 24. Section 124.304, subsections 2, 3, and 4, Code 17 4 2018, are amended to read as follows: 17 5 2. The board may limit revocation,orsuspension, or 17 6 restriction of a registration or discipline of a registrant 17 7 to the particular controlled substance with respect to 17 8 which grounds for revocation,orsuspension, restriction, or 17 9 discipline exist. 17 10 3. If the board suspends,orrevokes, or restricts a 17 11 registration, or otherwise disciplines a registrant, all 17 12 controlled substances owned or possessed by the registrant 17 13 at the time of the suspension, revocation, restriction, 17 14 or discipline, or at the time of the effective date of the 17 15revocationorder, may be placed under seal. No disposition 17 16 may be made of substances under seal until the time for taking 17 17 an appeal has elapsed or until all appeals have been concluded 17 18 unless a court, upon application, orders the sale of perishable 17 19 substances and the deposit of the proceeds of the sale with the 17 20 court. Upona revocationan order becoming final, all such 17 21 controlled substances may be forfeited to the state. 17 22 4. The board shall promptly notify the bureau and 17 23 the department of all orders suspending,orrevoking, or 17 24 restricting a registrationand all forfeitures of controlled 17 25 substances, or otherwise disciplining a registrant. 17 26 Sec. 25. Section 124.305, Code 2018, is amended to read as 17 27 follows: 17 28 124.305Order to show causeContested case proceedings. 17 29 1.Before denying,Prior to suspending, restricting, or 17 30 revoking a registration,orrefusing a renewal of registration, 17 31 or otherwise disciplining a registrant, the board shall serve 17 32 upon theapplicant orregistrantan order to show cause why 17 33 registration should not be denied, revoked, or suspended, or 17 34 why the renewal should not be refused. The order to show 17 35 cause shall contain a statement of the basis therefor and 18 1 shall call upon the applicant or registrant to appear before 18 2 the board at a time and place not less than thirty days after 18 3 the date of service of the order, but in the case of a denial 18 4 or renewal of registration the show cause order shall be 18 5 served not later than thirty days before the expiration of 18 6 the registrationa notice in accordance with section 17A.12, 18 7 subsection 1. The proceedings shall comply with the contested 18 8 case procedures in accordance with chapter 17A.TheseThe 18 9 proceedings shall also be conducted without regard to any 18 10 criminal prosecution or other proceeding. Proceedings to 18 11 refuse renewal of registration shall not abate the existing 18 12 registration which shall remain in effect pending the outcome 18 13 of the administrative hearing. 18 14 2. The board, without an order to show cause,may suspend 18 15 any registration while simultaneouslywith the institution 18 16 of proceedings under section 124.304, or where renewal of 18 17 registration is refused,pursuing emergency adjudicative 18 18 proceedings in accordance with section 17A.18A, if it finds 18 19 that there is an imminent danger to the public health or 18 20 safety which warrants this action. The suspension shall 18 21 continue in effect until the conclusion of the proceedings, 18 22 including judicial review thereof, under the provisions of 18 23 the Iowa administrative procedure Act, chapter 17A, unless 18 24 sooner withdrawn by the board or dissolved by the order of the 18 25 district court or an appellate court. 18 26 DIVISION VI 18 27 CONTROLLED SUBSTANCES ==== PRECURSOR SUBSTANCES 18 28 Sec. 26. Section 124.204, subsection 9, Code 2018, is 18 29 amended by adding the following new paragraphs: 18 30 NEW PARAGRAPH. t. Methyl 2=(1=(5=fluoropentyl)= 18 31 1H=indazole=3=carboxamido)=3,3=dimethylbutanoate, its optical, 18 32 positional, and geometric isomers, salts, and salts of isomers. 18 33 Other names: 5F=ADB; 5F=MDMB=PINACA. 18 34 NEW PARAGRAPH. u. Methyl 2=(1=(5=fluoropentyl)=1H= 18 35 indazole=3=carboxamido)=3=methylbutanoate, its optical, 19 1 positional, and geometric isomers, salts, and salts of isomers. 19 2 Other name: 5F=AMB. 19 3 NEW PARAGRAPH. v. N=(adamantan=1=yl)=1=(5= 19 4 fluoropentyl)=1H=indazole=3=carboxamide, its optical, 19 5 positional, and geometric isomers, salts, and salts of isomers. 19 6 Other names: 5F=APINACA, 5F=AKB48. 19 7 NEW PARAGRAPH. w. N=(1=amino=3,3=dimethyl=1= 19 8 oxobutan=2=yl)=1=(4=fluorobenzyl)=1H=indazole=3=carboxamide, 19 9 its optical, positional, and geometric isomers, salts, and 19 10 salts of isomers. Other name: ADB=FUBINACA. 19 11 NEW PARAGRAPH. x. Methyl 2=(1=(cyclohexylmethyl)=1H= 19 12 indole=3=carboxamido)=3,3=dimethylbutanoate, its optical, 19 13 positional, and geometric isomers, salts, and salts of isomers. 19 14 Other names: MDMB=CHMICA, MMB=CHMINACA. 19 15 NEW PARAGRAPH. y. Methyl 2=(1=(4=fluorobenzyl)=1H= 19 16 indazole=3=carboxamido)=3,3=dimethylbutanoate, its optical, 19 17 positional, and geometric isomers, salts, and salts of 19 18 isomers. Other name: MDMB=FUBINACA. 19 19 NEW PARAGRAPH. z. N=(4=fluorophenyl)=N=(1= 19 20 phenethylpiperidin=4=yl)isobutyramide, its isomers, esters, 19 21 ethers, salts, and salts of isomers, esters, and ethers. Other 19 22 names: 4=fluoroisobutyryl fentanyl, para=fluoroisobutyryl 19 23 fentanyl. 19 24 NEW PARAGRAPH. aa. N=(2=fluorophenyl)=N=(1= 19 25 phenethylpiperidin=4=yl) propionamide. Other names: ortho= 19 26 fluorofentanyl or 2=fluorofentanyl. 19 27 NEW PARAGRAPH. ab. N=(1=phenethylpiperidin=4=yl)=N= 19 28 phenyltetrahydrofuran=2=carboxamide. Other name: 19 29 tetrahydrofuranyl fentanyl. 19 30 NEW PARAGRAPH. ac. 2=methoxy=N=(1=phenethylpiperidin=4= 19 31 yl)=N=phenylacetamide. Other name: methoxyacetyl fentanyl. 19 32 NEW PARAGRAPH. ad. N=(1=phenethylpiperidin=4=yl)=N= 19 33 phenylacrylamide. Other names: acryl fentanyl or 19 34 acryloylfentanyl. 19 35 NEW PARAGRAPH. ae. Methyl 2=(1=(4=fluorobenzyl)=1H= 20 1 indazole=3=carboxamido)=3=methylbutanoate, its optical, 20 2 positional, and geometric isomers, salts, and salts of isomers. 20 3 Other names: FUB=AMB, MMB=FUBINACA, AMB=FUBINACA. 20 4 Sec. 27. Section 124.206, subsection 7, Code 2018, is 20 5 amended by adding the following new paragraph: 20 6 NEW PARAGRAPH. c. Dronabinol [(=)=delta=9=trans= 20 7 tetrahydrocannabinol] in an oral solution in a drug product 20 8 approved for marketing by the United States food and drug 20 9 administration. 20 10 Sec. 28. Section 124B.2, subsection 1, Code 2018, is amended 20 11 by adding the following new paragraph: 20 12 NEW PARAGRAPH. ab. Alpha=phenylacetoacetonitrile and its 20 13 salts, optical isomers, and salts of optical isomers. Other 20 14 name: APAAN. 20 15 Sec. 29. EFFECTIVE DATE. This division of this Act, being 20 16 deemed of immediate importance, takes effect upon enactment. 20 17 DIVISION VII 20 18 GOOD SAMARITAN IMMUNITY 20 19 Sec. 30. NEW SECTION. 124.418 Persons seeking medical 20 20 assistance for drug=related overdose. 20 21 1. As used in this section, unless the context otherwise 20 22 requires: 20 23 a. "Drug=related overdose" means a condition of a person for 20 24 which each of the following is true: 20 25 (1) The person is in need of medical assistance. 20 26 (2) The person displays symptoms including but not limited 20 27 to extreme physical illness, pinpoint pupils, decreased level 20 28 of consciousness including coma, or respiratory depression. 20 29 (3) The person's condition is the result of, or a prudent 20 30 layperson would reasonably believe such condition to be the 20 31 result of, the consumption or use of a controlled substance. 20 32 b. "Overdose patient" means a person who is, or would 20 33 reasonably be perceived to be, suffering a drug=related 20 34 overdose and who has not previously received immunity under 20 35 this section. 21 1 c. "Overdose reporter" means a person who seeks medical 21 2 assistance for an overdose patient and who has not previously 21 3 received immunity under this section. 21 4 d. "Protected information" means information or evidence 21 5 collected or derived as a result of any of the following: 21 6 (1) An overdose patient's good=faith actions to seek 21 7 medical assistance while experiencing a drug=related overdose. 21 8 (2) An overdose reporter's good=faith actions to seek 21 9 medical assistance for an overdose patient experiencing a 21 10 drug=related overdose if all of the following are true: 21 11 (a) The overdose patient is in need of medical assistance 21 12 for an immediate health or safety concern. 21 13 (b) The overdose reporter is the first person to seek 21 14 medical assistance for the overdose patient. 21 15 (c) The overdose reporter provides the overdose reporter's 21 16 name and contact information to medical or law enforcement 21 17 personnel. 21 18 (d) The overdose reporter remains on the scene until 21 19 assistance arrives or is provided. 21 20 (e) The overdose reporter cooperates with medical and law 21 21 enforcement personnel. 21 22 2. Protected information shall not be considered to support 21 23 probable cause and shall not be admissible as evidence against 21 24 an overdose patient or overdose reporter for any of the 21 25 following offenses: 21 26 a. Delivery of a controlled substance under section 124.401, 21 27 subsection 1, if such delivery involved the sharing of the 21 28 controlled substance without profit. 21 29 b. Possession of a controlled substance under section 21 30 124.401, subsection 5. 21 31 c. Violation of section 124.407. 21 32 d. Violation of section 124.414. 21 33 3. A person's pretrial release, probation, supervised 21 34 release, or parole shall not be revoked based on protected 21 35 information. 22 1 4. Notwithstanding any other provision of law to the 22 2 contrary, a court may consider the act of providing first aid 22 3 or other medical assistance to someone who is experiencing a 22 4 drug=related overdose as a mitigating factor in a criminal 22 5 prosecution. 22 6 5. This section shall not be construed to limit the use or 22 7 admissibility of any evidence in a criminal case other than as 22 8 provided in subsection 2. 22 9 EXPLANATION 22 10 The inclusion of this explanation does not constitute agreement with 22 11 the explanation's substance by the members of the general assembly. 22 12 This bill relates to the regulation of the practice of 22 13 pharmacy. This bill is organized into divisions. 22 14 DIVISION I == REGULATION OF THE PRESCRIPTION MONITORING 22 15 PROGRAM. This division relates to regulation of the Iowa 22 16 information program for drug prescribing and dispensing, also 22 17 known as the prescription monitoring program (PMP). The bill 22 18 requires first responders to report information regarding the 22 19 administration of opioid antagonists to the PMP. The bill 22 20 also requires prescribing practitioners to register for the 22 21 PMP at the same time the practitioner applies to the board 22 22 of pharmacy to register or renews registration to prescribe 22 23 controlled substances as required by the board. Code section 22 24 124.550 defines "prescribing practitioner" as a practitioner 22 25 who has prescribed or is contemplating the authorization of 22 26 a prescription for the patient about whom information is 22 27 requested. Once a prescribing practitioner registers for the 22 28 PMP, the bill requires the prescribing practitioner to use 22 29 the PMP database to determine treatment options and improve 22 30 the quality of patient care. The bill also requires a 22 31 licensed pharmacy that dispenses a controlled substance, or a 22 32 prescribing practitioner that dispenses a controlled substance 22 33 to the prescribing practitioner's own patient, to report the 22 34 dispensing of the controlled substance within 24 hours of the 22 35 dispensing. A pharmacist or prescribing practitioner that 23 1 does not comply with reporting, usage, or other requirements 23 2 is subject to discipline by the relevant professional board. 23 3 The bill requires first responders who administer opioid 23 4 antagonists to report to the PMP certain information relating 23 5 to the administration of the opioid antagonists. The bill 23 6 authorizes the board of pharmacy to impose a surcharge, to be 23 7 deposited into the drug information program fund, on controlled 23 8 substance registrations under Code chapter 124, which a person 23 9 who manufactures, distributes, or dispenses a controlled 23 10 substance must obtain and maintain, to be used for the expenses 23 11 of administering the PMP. 23 12 DIVISION II == ELECTRONIC PRESCRIPTIONS. This division 23 13 relates to electronic prescriptions. The bill requires all 23 14 prescriptions for prescription drugs to transmitted to a 23 15 pharmacy electronically, effective July 1, 2019. The bill 23 16 also requires prescriptions for controlled substances that 23 17 are issued electronically to comply with federal law for 23 18 the electronic transmittal of prescriptions for controlled 23 19 substances. The bill provides exemptions from this requirement 23 20 in certain circumstances and provides alternative methods for 23 21 the transmittal of prescriptions in those circumstances and 23 22 for prescriptions transmitted prior to July 1, 2019. The 23 23 bill also allows a person subject to the requirements of the 23 24 bill to petition the board of pharmacy for exemption from 23 25 the requirements of the bill based on economic hardship, 23 26 technical limitations, or other exceptional circumstances. The 23 27 bill requires refills for prescription drugs and controlled 23 28 substances to be transmitted in the same manner as required for 23 29 initial prescriptions. 23 30 A practitioner who does not transmit a prescription 23 31 drug order electronically as required by the bill shall be 23 32 subject to an administrative penalty of $250 per violation, 23 33 up to a maximum of $5,000 per calendar year. Such a penalty 23 34 shall be assessed by the professional licensing board of the 23 35 practitioner alleged to have committed the violation. A 24 1 practitioner may contest such penalty, which shall initiate a 24 2 contested case proceeding under Code chapter 17A. Any such 24 3 penalty collected by a professional licensing board shall be 24 4 deposited into the drug information program fund and reported 24 5 to the board. 24 6 A person who does not comply with Code section 124.308 24 7 is guilty of an aggravated misdemeanor pursuant to Code 24 8 section 124.402. An aggravated misdemeanor is punishable by 24 9 confinement for no more than two years and a fine of at least 24 10 $625 but not more than $6,250. 24 11 DIVISION III == PRESCRIBER ACTIVITY REPORTS. This division 24 12 relates to the issuance of activity reports to prescribing 24 13 practitioners. The bill requires the board of pharmacy and 24 14 the advisory council to promulgate rules allowing the annual 24 15 issuance of privileged and confidential activity reports 24 16 to prescribing practitioners who prescribe any controlled 24 17 substances in an electronic format and at as low a cost as 24 18 possible. The reports would include information from the PMP, 24 19 including a summary of the prescribing practitioner's history 24 20 of prescribing controlled substances, comparisons to other 24 21 prescribing practitioners of the same profession and specialty, 24 22 the prescribing practitioner's history of program use, general 24 23 patient risk factors, educational updates, and other pertinent 24 24 information. The bill amends Code section 124.553 to allow 24 25 the board to disclose such information when issuing annual 24 26 activity reports. The bill also requires the board to include 24 27 information on general patient risk factors and educational 24 28 updates in the PMP. 24 29 DIVISION IV == SUBSTANCE ABUSE PREVENTION. This division 24 30 relates to mitigating the abuse of opioids. The bill allows 24 31 the board and PMP advisory council to establish criteria 24 32 for the identification of patients who are potentially 24 33 misusing or abusing prescription controlled substances and 24 34 authorizes the board to proactively notify the pharmacists and 24 35 prescribing practitioner involved in the patient's care of 25 1 its concerns. The bill also directs professional boards that 25 2 license prescribing practitioners that prescribe controlled 25 3 substances to establish penalties for prescribing practitioners 25 4 who prescribe controlled substances in an amount exceeding 25 5 what would be prescribed by a reasonably prudent prescribing 25 6 practitioner engaged in the same practice. 25 7 DIVISION V == REGISTRATION. This division relates to 25 8 registration with the board of pharmacy by persons working 25 9 with controlled substances. The bill provides that a person 25 10 who manufactures, distributes, or dispenses any controlled 25 11 substance in this state or who proposes to engage in such 25 12 activities in this state (registrant), obtain and maintain 25 13 a registration issued by the board of pharmacy. Currently, 25 14 a registrant is required to obtain and maintain a biennial 25 15 registration issued by the board of pharmacy. 25 16 The bill requires a separate registration for each principal 25 17 place of business of a registrant, when the registrant is 25 18 conducting research with controlled substances. Currently, 25 19 a separate registration is required for each principal place 25 20 of business where a registrant manufactures, distributes, or 25 21 dispenses controlled substances. 25 22 The bill permits the board of pharmacy to take disciplinary 25 23 action against a registrant who manufactures, distributes, 25 24 or dispenses any controlled substance within this state, 25 25 without restricting, suspending, or revoking the registration. 25 26 Currently, the board of pharmacy does not have the option to 25 27 take disciplinary action against a registrant. 25 28 The bill provides that the board of pharmacy may discipline 25 29 a registrant when the registrant has furnished false or 25 30 fraudulent material information in any application under any 25 31 Code chapter which applies to the registrant. Currently, the 25 32 board of pharmacy may take action against a registrant when 25 33 the registrant has furnished false or fraudulent material 25 34 information in any application under only Code chapter 124 25 35 (controlled substances). 26 1 The bill provides that the board of pharmacy may limit the 26 2 restriction of a registrant's registration or discipline of a 26 3 registrant to a particular controlled substance when grounds 26 4 exist for such restriction or discipline. Currently, the 26 5 board of pharmacy may impose such limits only when revoking or 26 6 suspending a registrant's registration. 26 7 Under the bill, if the board of pharmacy restricts a 26 8 registrant's registration or disciplines a registrant, all 26 9 controlled substances owned or possessed by the registrant at 26 10 the time of the restriction or at the time of the effective 26 11 date of the order may be place under seal. Currently, if 26 12 the board of pharmacy suspends or revokes a registrant's 26 13 registration, all controlled substances owned or possessed by 26 14 the registrant at the time of the suspension or revocation or 26 15 at the time of the effective date of the order may be placed 26 16 under seal. 26 17 The bill requires the board of pharmacy to notify the 26 18 federal bureau of narcotics and dangerous drugs, United States 26 19 department of justice, or its successor agency, of all orders 26 20 restricting a registrant's registration or disciplining a 26 21 registrant. Under current law, the board shall notify the 26 22 federal agency when suspending or revoking the registration 26 23 of a registrant including all forfeitures of controlled 26 24 substances. 26 25 If the board of pharmacy decides to suspend, restrict, or 26 26 revoke a registrant's registration or discipline a registrant, 26 27 the bill requires the board to serve upon the registrant a 26 28 notice in accordance with Code section 17A.12. Currently, the 26 29 board of pharmacy institutes such proceedings by serving an 26 30 order to show cause why the registrant should not be denied, 26 31 revoked, or suspended, or why the registration should not be 26 32 refused. 26 33 The bill permits the board of pharmacy to suspend a 26 34 registrant's registration while simultaneously pursuing an 26 35 emergency adjudicative proceeding in accordance with Code 27 1 section 17A.18A, if the board finds there is an immediate 27 2 danger to the public health, safety, or welfare. Currently, 27 3 the board of pharmacy may suspend a registrant's registration 27 4 without an order to show cause, if the board finds there is an 27 5 imminent danger to the public health or safety. 27 6 DIVISION VI == CONTROLLED SUBSTANCES == PRECURSOR 27 7 SUBSTANCES. This division relates to the classification of 27 8 controlled substances. The bill classifies nine substances 27 9 as schedule I controlled substances and one substance as a 27 10 schedule II controlled substance in conformance with scheduling 27 11 actions taken by the United States department of justice, drug 27 12 enforcement administration. 27 13 For the nine schedule I controlled substances added in Code 27 14 section 124.204(9) under the bill, the penalties under Code 27 15 section 124.401(1)(a), (b), and (c) range, depending upon the 27 16 amount of the controlled substance involved, from a class "B" 27 17 felony punishable by confinement for not more than 50 years 27 18 and a fine of not more than $1 million, to a class "C" felony 27 19 punishable by confinement of not more than 10 years and a fine 27 20 of at least $1,000 and not more than $50,000. If a person 27 21 unlawfully possesses any such controlled substance in violation 27 22 of Code section 124.401(5), the person commits a serious 27 23 misdemeanor for a first offense. A serious misdemeanor is 27 24 punishable by confinement for no more than one year and a fine 27 25 of at least $315 but not more than $1,875. 27 26 For the schedule II controlled substance added under Code 27 27 section 124.206, it is a class "C" felony pursuant to Code 27 28 section 124.401(1)(c)(9) for any unauthorized person to violate 27 29 a provision of Code section 124.401(1) involving a schedule II 27 30 controlled substance. A class "C" felony for this particular 27 31 offense is punishable by confinement for no more than 10 years 27 32 and a fine of at least $1,000 but not more than $50,000. If a 27 33 person unlawfully possesses a schedule II controlled substance 27 34 in violation of Code section 124.401(5), the person commits a 27 35 serious misdemeanor for a first offense. A serious misdemeanor 28 1 is punishable by confinement for no more than one year and a 28 2 fine of at least $315 but not more than $1,875. 28 3 The bill also classifies a substance as a precursor 28 4 substance for purposes of certain reporting requirements. A 28 5 "precursor substance" is defined in Code section 124B.1 to 28 6 mean a substance which may be used as a precursor in the 28 7 illegal production of a controlled substance. A person who 28 8 sells, transfers, or otherwise furnishes a precursor substance 28 9 with knowledge or the intent that the recipient will use the 28 10 precursor substance to unlawfully manufacture a controlled 28 11 substance commits a class "C" felony under Code section 28 12 124B.9(1). A person who receives a precursor substance with 28 13 the intent that the substance be used unlawfully to manufacture 28 14 a controlled substance commits a class "C" felony under 28 15 Code section 124B.9(2). A class "C" felony is punishable by 28 16 confinement for no more than 10 years and a fine of at least 28 17 $1,000 but not more than $10,000. 28 18 The division of the bill takes effect upon enactment. 28 19 DIVISION VII == GOOD SAMARITAN IMMUNITY. This division 28 20 relates to certain protections against arrest and prosecution 28 21 for people seeking medical assistance for a drug=related 28 22 overdose. The bill provides that a person seeking treatment 28 23 for a drug=related overdose or a person seeking medical 28 24 treatment for a person experiencing a drug=related overdose 28 25 cannot be arrested or prosecuted for possession of a controlled 28 26 substance, delivery of a controlled substance without profit, 28 27 violations of Code section 124.407, or violations of Code 28 28 section 124.414 on the basis of information collected or 28 29 derived from a person's actions in seeking medical assistance 28 30 if the person has not previously received such immunity. Such 28 31 information shall also be inadmissible at trial for any of 28 32 the enumerated offenses and shall not be used to revoke a 28 33 person's pretrial release, probation, supervised release, or 28 34 parole. The bill only extends these protections to a person 28 35 who acted in good faith seeking medical attention for an 29 1 overdose patient in need of medical assistance for an immediate 29 2 health or safety concern, who was the first person to seek 29 3 medical assistance, who provides the person's name and contact 29 4 information to medical or law enforcement personnel, who waits 29 5 on the scene until assistance arrives or is provided, and who 29 6 cooperates with law enforcement and medical personnel. The 29 7 bill also provides that a person's attempts to provide medical 29 8 assistance to a person experiencing a drug=related overdose may 29 9 be considered by the court as a mitigating factor in a criminal 29 10 prosecution. LSB 6028YH (10) 87 ss/rh
