Bill Text: IA SF2102 | 2015-2016 | 86th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: A bill for an act relating to access to the information program for drug prescribing and dispensing administered by the board of pharmacy. (Formerly SSB 3003.) Effective 7-1-16.

Spectrum: Committee Bill

Status: (Passed) 2016-04-06 - Signed by Governor. S.J. 649. [SF2102 Detail]

Download: Iowa-2015-SF2102-Introduced.html
Senate File 2102 - Introduced




                                 SENATE FILE       
                                 BY  COMMITTEE ON HUMAN
                                     RESOURCES

                                 (SUCCESSOR TO SSB
                                     3003)

                                      A BILL FOR

  1 An Act relating to access to the information program for drug
  2    prescribing and dispensing administered by the board of
  3    pharmacy.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  124.550  Definitions.
  1  2    For purposes of this division, unless the context otherwise
  1  3 requires:
  1  4    1.  "Pharmacist" means a practicing pharmacist who is
  1  5 actively engaged in and responsible for the pharmaceutical care
  1  6 of the patient about whom information is requested.
  1  7    2.  "Prescribing practitioner" means a practitioner who
  1  8 has prescribed or is contemplating the authorization of
  1  9 a prescription for the patient about whom information is
  1 10 requested.
  1 11    Sec. 2.  Section 124.551, Code 2016, is amended to read as
  1 12 follows:
  1 13    124.551  Information program for drug prescribing and
  1 14 dispensing.
  1 15    1.  Contingent upon the receipt of funds pursuant to section
  1 16 124.557 sufficient to carry out the purposes of this division,
  1 17 the board, in conjunction with the advisory council created in
  1 18 section 124.555, shall establish and maintain an information
  1 19 program for drug prescribing and dispensing.
  1 20    2.  The program shall collect from pharmacies dispensing
  1 21 information for controlled substances identified pursuant to
  1 22 section 124.554, subsection 1, paragraph "g". The information
  1 23 collected shall be used by prescribing practitioners and
  1 24 pharmacists on a need=to=know basis for purposes of improving
  1 25 patient health care by facilitating early identification of
  1 26 patients who may be at risk for addiction, or who may be
  1 27 using, abusing, or diverting drugs for unlawful or otherwise
  1 28 unauthorized purposes at risk to themselves and others, or
  1 29 who may be appropriately using controlled substances lawfully
  1 30 prescribed for them but unknown to the practitioner. For
  1 31 purposes of this division, "prescribing practitioner" means
  1 32 a practitioner who has prescribed or is contemplating the
  1 33 authorization of a prescription for the patient about whom
  1 34 information is requested, and "pharmacist" means a practicing
  1 35 pharmacist who is actively engaged in and responsible for the
  2  1 pharmaceutical care of the patient about whom information is
  2  2 requested. 
  2  3    3.  The board shall implement technological improvements
  2  4 to facilitate secure access to the program through electronic
  2  5 health and pharmacy information systems.  The board shall
  2  6 collect, store, and disseminate program information consistent
  2  7 with security criteria established by rule, including use of
  2  8 appropriate encryption or other industry=recognized security
  2  9 technology.
  2 10    4.  The board shall seek any federal waiver necessary to
  2 11 implement the provisions of the program.
  2 12    Sec. 3.  Section 124.553, subsection 1, Code 2016, is amended
  2 13 by adding the following new paragraph:
  2 14    NEW PARAGRAPH.  e.  An institutional user established by
  2 15 the board to facilitate the secure access of a prescribing
  2 16 practitioner or pharmacist to the program through electronic
  2 17 health and pharmacy information systems.
  2 18    Sec. 4.  Section 124.553, subsection 2, Code 2016, is amended
  2 19 to read as follows:
  2 20    2.  The board shall maintain a record of each person that
  2 21 requests information from the program. Pursuant to rules
  2 22 adopted by the board and advisory council under section
  2 23 124.554, the board may use the records to document and report
  2 24 statistical information, and may provide program information
  2 25 for statistical, public research, public policy, or educational
  2 26 purposes, after removing personal identifying information of a
  2 27 patient, prescribing practitioner, dispenser, or other person
  2 28 who is identified in the information.
  2 29                           EXPLANATION
  2 30 The inclusion of this explanation does not constitute agreement with
  2 31 the explanation's substance by the members of the general assembly.
  2 32    This bill relates to the information program for drug
  2 33 prescribing and dispensing administered by the board of
  2 34 pharmacy. The information program for drug prescribing and
  2 35 dispensing is also known as the Iowa prescription monitoring
  3  1 program.
  3  2    The bill enhances the readability of Code section 124.551
  3  3 by reorganizing the section into subsections and striking the
  3  4 definitions for "pharmacist" and "prescribing practitioner"
  3  5 applicable to division VI of Code chapter 124 and reinserting
  3  6 these definitions in new Code section 124.550.
  3  7    The bill also directs the board of pharmacy to implement
  3  8 improvements to facilitate secure access to the Iowa
  3  9 prescription monitoring program through electronic health and
  3 10 pharmacy information systems. The bill authorizes the board
  3 11 of pharmacy to provide Iowa prescription monitoring program
  3 12 information to an institutional user established by the board
  3 13 to facilitate the secure access of a prescribing practitioner
  3 14 or pharmacist to the program through electronic health and
  3 15 pharmacy information systems.
  3 16    The bill also authorizes the release of Iowa prescription
  3 17 monitoring program information for statistical, public
  3 18 research, public policy, or educational purposes, if all
  3 19 patient, prescribing practitioner, dispenser, or other personal
  3 20 identifying information has first been removed.
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