General Assembly: 83 (2009 Regular GA) - Chapter 69 - Practice of pharmacy and internet site terminology


Published: 2009-04-17

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292LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 68

to be paid to an individual teacher shall be divided evenly by the appropriate number of pay periods and paid in each pay period of the fiscal year beginning with the October payroll. 2. a. For the school budget year beginning July 1, 2010, and each succeeding school year,

school districts and area education agencies shall combine payments made to teachers under sections 257.10 and 257.37A with regular wages and create one salary system. If a school dis- trict or area education agencyuses a salary schedule, one salary schedule shall be used for reg- ular wages and for distribution of payments under sections 257.10 and 257.37A, incorporating the salary minimums required in section 284.7. b. If the licensed employees of a school district or area education agency are organized un-

der chapter 20 for collective bargaining purposes, the creation of the new salary system shall be subject to the scope of negotiations specified in section 20.9. A reduction in the teacher salary supplement per pupil amount shall also be subject to the scope of negotiations specified in section 20.9. c. If the licensed employees of a school district or area education agency are not organized

for collective bargaining purposes, the board of directors shall create the new salary system. The board of directors shall determine adjustments in salaries resulting from a reduction in the teacher salary supplement per pupil amount. 3. A school district or area education agency shall not be required to maintain a separate

account within its budget based on source of funds for payments received and expenditures made pursuant to this section. The school district or area education agency shall annually cer- tify to the department of education that funding received pursuant to sections 257.10 and 257.37A was expended on salaries for qualified teachers.

Sec. 10. Section 294A.9, subsection 9, Code 2009, is amended by striking the subsection and inserting in lieu thereof the following: 9. This section is repealed June 30, 2009.1

Sec. 11. 1. Sections 294A.1 through 294A.6, 294A.8, 294A.21, and 294A.25, Code 2009, are repealed. 2. Anymoneys remaining in the educational excellence fund established in section 294A.3,

Code 2009, shall be distributed as directed pursuant to that section.

Approved April 17, 2009

_________________________

CH. 69CH. 69

CHAPTER 69 PRACTICE OF PHARMACY

AND INTERNET SITE TERMINOLOGY

H.F. 381

AN ACT relating to the practice of pharmacy by establishing a registration program for phar- macy support persons and regulating the internet sale of prescription products, including a program of registration of pharmacy internet sites, making penalties applicable, and es- tablishing a general definition for the term “internet site”.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 4.1, Code 2009, is amended by adding the following new subsection: NEWSUBSECTION. 9B. “Internet site”means a specific location on the internet that is de-

termined by internet protocol numbers, by a domain name, or by both, including but not limit- ed to domain names that use the designations “.com”, “.edu”, “.gov”, “.org”, and “.net”.

___________________ 1 See chapter 179, §50, 53 herein

293 LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSION CH. 69

Sec. 2. Section 155A.2, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 3. A family planning clinic is not regulated by this chapter when en-

gaged in the dispensing of birth control drugs and devices pursuant to section 147.107, subsec- tion 7.

Sec. 3. NEW SECTION. 155A.6B PHARMACY SUPPORT PERSON REGISTRATION. 1. Theboard shall establish a registrationprogram for pharmacy support personswhowork

in a licensed pharmacy and who are not licensed pharmacists or registered pharmacy techni- cians for the purposes of identification, tracking, and disciplinary action for the violation of federal drug laws or regulations, state drug or pharmacy laws, or board rules. The registration shall not include any determination of the competency of the registered individual and, not- withstanding section 272C.2, subsection 1, shall not require continuing education for renewal. 2. A person registeredwith the board as a pharmacy support personmay assist pharmacists

byperforming routine clerical and support functions. Suchaperson shall not performanypro- fessional duties or any technical or dispensing duties. The ultimate responsibility for the ac- tions of a pharmacy support person working under a licensed pharmacist’s supervision shall remain with the licensed pharmacist. 3. Applicants for registration must apply to the board for registration on a form prescribed

by the board. 4. The board shall adopt rules in accordance with chapter 17A on matters pertaining to

pharmacy support persons, and pharmacy support person exemptions, registration, applica- tion, renewals, fees, termination of registration, training, and any other relevant matters. 5. The board may deny, suspend, or revoke the registration of a pharmacy support person

or otherwise discipline the pharmacy support person for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescriptiondrugs, or for any violationof this chapter or chapter 124, 124A, 124B, 126, 147, 205, or 272C, or any rule of the board.

Sec. 4. NEW SECTION. 155A.13B PHARMACY INTERNET SITES. 1. As used in this section: a. “Electronic mail” means anymessage transmitted through the internet including but not

limited to messages transmitted from or to any address affiliated with an internet site. b. “Internet broker”means an entity that serves as an agent or intermediary or other capac-

ity that causes the internet to be used to bring together a buyer and seller. c. “Internet sale” means a transaction, initiated via an internet site, that includes the order

of and the payment for a prescription drug product. 2. A pharmacy operating within or outside this state shall not sell, dispense, distribute, de-

liver, or participate in the sale, dispensing, distribution, or delivery of any prescription drug to any patient in this state through an internet site or by electronicmail unless all of the follow- ing are met: a. All internet sites and electronic mail used by the pharmacy for purposes of sales or deliv-

ery of a prescription-only drug are in compliance with all requirements of federal law applica- ble to the site or electronic mail. b. (1) The pharmacy that sells, dispenses, distributes, or delivers the prescription-only

drugs is in compliance with all requirements of relevant state law. (2) The pharmacy is properly licensed and regulated by the board to operate a pharmacy

pursuant to section 155A.13 or 155A.13A. c. The pharmacist who fills the prescription drug order is not in violation of subsection 4. d. (1) The pharmacy is not in violation of subsection 6. (2) The pharmacy is in compliance with an Iowa prescription drug monitoring program if

an Iowaprescription drugmonitoring programexists and the pharmacy is subject to reporting or other requirements of the program. 3. A practitioner whowrites a prescription drug order through an internet site or electronic

mail for a patient physically located in this state must be licensed by the applicable licensing authority and in compliance with all applicable laws.

294LAWS OF THE EIGHTY-THIRD G.A., 2009 SESSIONCH. 69

4. A pharmacist practicingwithin or outside this state shall not fill a prescription drug order to dispense a prescription drug to a patient if the pharmacist knows or reasonably should have known under the circumstances that the prescription drug order was issued under both of the following: a. Solely on the basis of an internet questionnaire, an internet consultation, or a telephonic

consultation. b. Without a valid patient-practitioner relationship. 5. An internet broker operating within or outside this state may participate in the sale of a

prescription drug in this state only if the internet broker knows that the pharmacist who dis- penses the drug is not in violation of subsection 4. 6. A pharmacy shall not sell, dispense, distribute, deliver, or participate in the sale, dispens-

ing, distribution, or delivery of anyprescription-only drug to a consumer in this state if anypart of the transaction was conducted through an internet site unless the internet site displays in a clear and conspicuous manner all of the following: a. The name of the pharmacy. b. The address of the licensed physical location of the pharmacy. c. The telephone number of the pharmacy. d. The license number issued by the board to the pharmacy. e. The certification issued by the national association of boards of pharmacy identifying the

pharmacy as a verified internet pharmacy practice sites site, the verified internet pharmacy practice site’s seal, and a link to the national association of boards of pharmacy’s verification site, except that verified internet pharmacy practice sites certification shall not be required of a pharmacy that utilizes an internet site for the convenience of a patient to request a prescrip- tion refill or to request or retrieve drug information but requires that the filled prescription be delivered to the patient at the licensed physical location of the pharmacy. f. The internet site registration number issued by the board. 7. A pharmacy that sells, dispenses, distributes, delivers, prescribes, or participates in the

sale, dispensing, distribution, or delivery of any prescription drug to any patient in this state, if the patient submitted the purchase order for the prescription drug through an internet site or by electronic mail, shall not disclaim, limit, or waive any liability to which the pharmacy otherwise is subject under law for the act or practice of selling, dispensing, distributing, or de- livering prescription drugs. 8. A disclaimer, limitation, or waiver in violation of this section is void. 9. Anattempt tomake adisclaimer, limitation, orwaiver in violation of this section is a viola-

tion of this chapter. 10. For purposes of this section, the board shall adopt rules in accordancewith chapter 17A

onmatters pertaining to internet site registration, application, forms, renewals, fees, termina- tion of registration, and any other relevant matters.

Sec. 5. Section 155A.27, unnumbered paragraph 1, Code 2009, is amended to read as fol- lows: Each To be valid, each prescription drug order issued or filled dispensed in this state must

be based on a valid patient-practitioner relationship, and:

Sec. 6. Section 155A.29, Code 2009, is amended by adding the following new subsection: NEW SUBSECTION. 4. An authorization to refill a prescription drug order may be trans-

mitted to a pharmacist by a prescriber or the prescriber’s agent through word of mouth, note, telephone, facsimile, or other means of communication initiated by or directed by the practi- tioner. The transmission shall include the information required pursuant to section 155A.27 and, if not transmitted directly by the practitioner, shall identify by name and title the practi- tioner’s agent completing the transmission.

Approved April 17, 2009