Senate File 2102 - Enrolled




                              SENATE FILE       
                              BY  COMMITTEE ON HUMAN
                                  RESOURCES

                              (SUCCESSOR TO SSB
                                  3003)
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                                   A BILL FOR
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                                       Senate File 2102

                             AN ACT
 RELATING TO ACCESS TO THE INFORMATION PROGRAM FOR DRUG
    PRESCRIBING AND DISPENSING ADMINISTERED BY THE BOARD OF
    PHARMACY.

 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    Section 1.  NEW SECTION.  124.550  Definitions.
    For purposes of this division, unless the context otherwise
 requires:
    1.  "Pharmacist" means a practicing pharmacist who is
 actively engaged in and responsible for the pharmaceutical care
 of the patient about whom information is requested.
    2.  "Prescribing practitioner" means a practitioner who
 has prescribed or is contemplating the authorization of
 a prescription for the patient about whom information is
 requested.
    Sec. 2.  Section 124.551, Code 2016, is amended to read as
 follows:
    124.551  Information program for drug prescribing and
 dispensing.
    1.  Contingent upon the receipt of funds pursuant to section
 124.557 sufficient to carry out the purposes of this division,
 the board, in conjunction with the advisory council created in
 section 124.555, shall establish and maintain an information
 program for drug prescribing and dispensing.
    2.  The program shall collect from pharmacies dispensing
 information for controlled substances identified pursuant to
 section 124.554, subsection 1, paragraph "g". The information
 collected shall be used by prescribing practitioners and
 pharmacists on a need=to=know basis for purposes of improving
 patient health care by facilitating early identification of
 patients who may be at risk for addiction, or who may be
 using, abusing, or diverting drugs for unlawful or otherwise
 unauthorized purposes at risk to themselves and others, or
 who may be appropriately using controlled substances lawfully
 prescribed for them but unknown to the practitioner. For
 purposes of this division, "prescribing practitioner" means
 a practitioner who has prescribed or is contemplating the
 authorization of a prescription for the patient about whom
 information is requested, and "pharmacist" means a practicing
 pharmacist who is actively engaged in and responsible for the
 pharmaceutical care of the patient about whom information is
 requested. 
    3.  The board shall implement technological improvements
 to facilitate secure access to the program through electronic
 health and pharmacy information systems.  The board shall
 collect, store, and disseminate program information consistent
 with security criteria established by rule, including use of
 appropriate encryption or other industry=recognized security
 technology.
    4.  The board shall seek any federal waiver necessary to
 implement the provisions of the program.
    Sec. 3.  Section 124.553, subsection 1, Code 2016, is amended
 by adding the following new paragraph:
    NEW PARAGRAPH.  e.  An institutional user established by
 the board to facilitate the secure access of a prescribing
 practitioner or pharmacist to the program through electronic
 health and pharmacy information systems.
    Sec. 4.  Section 124.553, subsection 2, Code 2016, is amended
 to read as follows:
    2.  The board shall maintain a record of each person that
 requests information from the program. Pursuant to rules
 adopted by the board and advisory council under section
 124.554, the board may use the records to document and report
 statistical information, and may provide program information
 for statistical, public research, public policy, or educational
 purposes, after removing personal identifying information of a
 patient, prescribing practitioner, dispenser, or other person
 who is identified in the information.


                                                             
                               PAM JOCHUM
                               President of the Senate


                                                             
                               LINDA UPMEYER
                               Speaker of the House
    I hereby certify that this bill originated in the Senate and
 is known as Senate File 2102, Eighty=sixth General Assembly.


                                                             
                               MICHAEL E. MARSHALL
                               Secretary of the Senate
 Approved                , 2016


                                                             
                               TERRY E. BRANSTAD
                               Governor

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