Text: SSB1014            Text: SSB1016


Senate Study Bill 1015

SENATE/HOUSE FILE BY (PROPOSED DEPARTMENT OF PUBLIC HEALTH/BOARD OF MEDICINE BILL) A BILL FOR 1 An Act relating to the Iowa information program for drug 2 prescribing and dispensing. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1284DP (4) 85 jm/nh PAG LIN 1 1 Section 1. Section 124.553, subsection 6, Code 2013, is 1 2 amended to read as follows: 1 3 6. a. Nothing in this section shall require a A pharmacist 1 4 or prescribing practitioner to shall obtain information about 1 5 a patient from the program before prescribing or renewing 1 6 a prescription for a controlled substance or filling a 1 7 prescription for a controlled substance if the pharmacist or 1 8 prescribing practitioner believes or has reason to believe that 1 9 a patient is at risk of controlled substance diversion, misuse, 1 10 or abuse. The licensing board of a pharmacist or prescribing 1 11 practitioner may adopt rules to implement this subsection. 1 12 b. A pharmacist or prescribing practitioner does not have 1 13 a duty and acting reasonably and in good faith shall not be 1 14 held liable in damages to any person in any civil or derivative 1 15 criminal or administrative action for injury, death, or loss 1 16 to person or property on the basis that the pharmacist or 1 17 prescribing practitioner did or did not seek or obtain or use 1 18 information from the program. A pharmacist or prescribing 1 19 practitioner acting reasonably and in good faith is immune from 1 20 any civil, criminal, or administrative liability that might 1 21 otherwise be incurred or imposed for requesting or receiving or 1 22 using information from the program. 1 23 EXPLANATION 1 24 This bill relates to the information program for drug 1 25 prescribing and dispensing (Iowa prescription monitoring 1 26 program). 1 27 The bill requires a pharmacist or prescribing practitioner 1 28 to obtain information about a patient from the information 1 29 program for drug prescribing and dispensing before prescribing 1 30 or renewing a prescription for a controlled substance if the 1 31 pharmacist or prescribing practitioner believes or has reason 1 32 to believe the patient is at risk of drug diversion, misuse, 1 33 or abuse. However, the bill provides that a pharmacist or 1 34 prescribing practitioner who acts reasonably and in good faith 1 35 is not liable for damages on the basis that the pharmacist or 2 1 prescribing practitioner did or did not seek information from 2 2 the program. 2 3 The bill allows the licensing board of a pharmacist or 2 4 prescribing practitioner to adopt rules to implement the bill. 2 5 The bill also strikes provisions relating to pharmacist or 2 6 prescribing practitioner liability. LSB 1284DP (4) 85 jm/nh
Text: SSB1014            Text: SSB1016