Text: SSB1036            Text: SSB1038


Senate Study Bill 1037

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF PUBLIC HEALTH/BOARD OF PHARMACY EXAMINERS BILL) Passed Senate, Date Passed House, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the regulation and practice of pharmacy, 2 including providing for the establishment of a limited drug 3 and device distributor license. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1092DP 82 6 jr/sh/8 PAG LIN 1 1 Section 1. Section 155A.3, subsection 5, Code 2007, is 1 2 amended to read as follows: 1 3 5. "College of pharmacy" means a school, university, or 1 4 college of pharmacy that satisfies the accreditation standards 1 5 of the American accreditation council on pharmaceutical for 1 6 pharmacy education as to the extent those standards are 1 7 adopted by the board, or that has degree requirements which 1 8 meet the standards of accreditation adopted by the board. 1 9 Sec. 2. Section 155A.3, Code 2007, is amended by adding 1 10 the following new subsections: 1 11 NEW SUBSECTION. 22A. "Limited drug and device 1 12 distributor" means a person operating or maintaining, either 1 13 within or outside this state, a location at which limited 1 14 noncontrolled prescription drugs, prescription devices, and 1 15 medical gases, are distributed to patients in this state 1 16 pursuant to a prescription drug order; or a person operating 1 17 or maintaining a location at which limited quantities of 1 18 drugs, devices, or medical gases are distributed at wholesale 1 19 in this state. A "limited drug and device distributor" does 1 20 not include a pharmacy licensed pursuant to this chapter or a 1 21 drug wholesaler providing prescription drugs to patients in 1 22 this state pursuant to a drug manufacturer's prescription drug 1 23 assistance program. 1 24 NEW SUBSECTION. 23A. "Medical gas" means a gas or liquid 1 25 oxygen intended for human consumption. 1 26 Sec. 3. Section 155A.4, subsection 2, Code 2007, is 1 27 amended by adding the following new paragraph: 1 28 NEW PARAGRAPH. h. A limited drug and device distributor, 1 29 licensed by the board, to distribute limited noncontrolled 1 30 prescription drugs, prescription devices, and medical gases, 1 31 to patients in this state pursuant to rules adopted by the 1 32 board. 1 33 Sec. 4. Section 155A.9, subsection 1, Code 2007, is 1 34 amended to read as follows: 1 35 1. A college of pharmacy shall not be approved by the 2 1 board unless the college is accredited by the American 2 2 accreditation council on pharmaceutical for pharmacy 2 3 education. 2 4 Sec. 5. Section 155A.29, subsection 1, Code 2007, is 2 5 amended to read as follows: 2 6 1. Except as specified in subsection 2, a prescription for 2 7 any prescription drug or device which is not a controlled 2 8 substance shall not be filled or refilled more than eighteen 2 9 months after the date on which the prescription was issued and 2 10 a prescription which is authorized to be refilled shall not be 2 11 refilled more than eleven twelve times. 2 12 Sec. 6. NEW SECTION. 155A.42 LIMITED DRUG AND DEVICE 2 13 DISTRIBUTOR LICENSE. 2 14 1. A person shall not act as a limited drug and device 2 15 distributor without a license. The license shall be 2 16 identified as a limited drug and device distributor license. 2 17 2. The board shall establish, by rule, standards for 2 18 limited drug and device distributors and may define specific 2 19 types of limited drug and device distributors. The board may 2 20 identify, by rule, specific prescription drugs or classes of 2 21 noncontrolled prescription drugs, which may be distributed by 2 22 a limited drug and device distributor. 2 23 3. The board shall adopt rules pursuant to chapter 17A 2 24 relating to the issuance of a limited drug and device 2 25 distributor license. The rules shall provide for conditions 2 26 of licensure, compliance standards, licensure fees, 2 27 disciplinary action, and other relevant matters. 2 28 4. The board may deny, suspend, or revoke a limited drug 2 29 and device distributor's license for failure to meet the 2 30 applicable standards or for a violation of the laws of this 2 31 state, another state, or the United States relating to 2 32 prescription drugs or controlled substances, or for a 2 33 violation of this chapter, chapter 124, 124A, 124B, 126, 205, 2 34 or 272C, or a rule of the board. 2 35 EXPLANATION 3 1 This bill defines a limited drug and device distributor and 3 2 provides for the establishment of a limited drug and device 3 3 distributor license, including the establishment of compliance 3 4 standards and requirements unique to the operations of those 3 5 businesses. The board is authorized to identify, by rule, 3 6 certain noncontrolled prescription drugs that may be 3 7 distributed by a limited drug and device distributor. 3 8 Limited drug and device distributors would include home 3 9 medical device suppliers, medical oxygen distributors, and 3 10 other currently nonlicensed entities engaged in the 3 11 distribution to consumers of limited noncontrolled 3 12 prescription drugs, medical devices, and medical gases 3 13 pursuant to a prescriber's authorization. A limited drug and 3 14 device distributor would also include a location that 3 15 distributes limited quantities of drugs, devices, or medical 3 16 gases at wholesale. 3 17 The bill corrects references to the American council on 3 18 pharmaceutical education pursuant to the council's recent name 3 19 change to the accreditation council for pharmacy education. 3 20 The bill also increases to 12 refills the number of times a 3 21 prescription for a noncontrolled prescription drug may be 3 22 refilled within an 18=month period. 3 23 LSB 1092DP 82 3 24 jr:rj/sh/8.1
Text: SSB1036            Text: SSB1038