Senate Study Bill 1015
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
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.
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