Senate File 117 - Introduced SENATE FILE 117 BY SALMON , CAMPBELL , WESTRICH , ALONS , GREEN , GUTH , EVANS , PIKE , ROWLEY , TAYLOR , and LOFGREN A BILL FOR An Act relating to the prescribing, ordering, dispensing, and 1 administering authority of pharmacists and practitioners. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1531XS (2) 91 ss/ko
S.F. 117 Section 1. NEW SECTION . 155A.49 Restrictions on 1 prescribing, ordering, dispensing, and administering authority by 2 board or employer. 3 1. The board or any board created under chapter 147 that 4 licenses a pharmacist or a practitioner and any employer of a 5 pharmacist or practitioner shall not restrict the prescribing, 6 ordering, dispensing, or administering authority of a 7 pharmacist or practitioner, consistent with the pharmacists 8 or practitioners scope of practice, in a way that acts 9 as a deterrent for a pharmacist or practitioner to use a 10 medication or treatment in accordance with the pharmacists or 11 practitioners best professional judgment. 12 2. Any restriction by an employer of a pharmacist or 13 practitioner that is prohibited under subsection 1, whether 14 or not documented by the employer as part of a contract, 15 agreement, or employee handbook, by an amendment to any such 16 document, or by any other means, is unenforceable and shall not 17 be the basis for any disciplinary action by the employer. 18 3. A pharmacist or practitioner who uses a medication or 19 treatment in accordance with the pharmacists or practitioners 20 best professional judgment and consistent with the pharmacists 21 or practitioners scope of practice under this section shall 22 not be subject to licensee discipline. 23 EXPLANATION 24 The inclusion of this explanation does not constitute agreement with 25 the explanations substance by the members of the general assembly. 26 This bill relates to the prescribing, ordering, dispensing, 27 and administering authority of practitioners and pharmacists. 28 The bill prohibits the board of pharmacy and any 29 health-related professional board under Code chapter 147 30 (general provisions, health-related professions) (boards) that 31 license a pharmacist or practitioner and any employer of a 32 pharmacist or practitioner from restricting the prescribing, 33 ordering, dispensing, or administering authority of a 34 pharmacist or practitioner, consistent with the pharmacists 35 -1- LSB 1531XS (2) 91 ss/ko 1/ 2
S.F. 117 or practitioners scope of practice, in a way that acts 1 as a deterrent for the pharmacist or practitioner to use a 2 medication or treatment in accordance with the pharmacists 3 or practitioners best professional judgment. The bill also 4 provides that any restriction by an employer of a pharmacist or 5 practitioner that is prohibited under the bill, whether or not 6 documented by the employer as part of a contract, agreement, 7 or employee handbook, by an amendment to any such document, 8 or by any other means, is unenforceable and shall not be the 9 basis for any disciplinary action by the employer. The bill 10 also provides that a pharmacist or practitioner who uses a 11 medication or treatment in accordance with the pharmacists or 12 practitioners best professional judgment and consistent with 13 the pharmacists or practitioners scope of practice under the 14 bill, shall not be subject to licensee discipline. 15 Code section 155A.3 defines pharmacist as a person 16 licensed by the board of pharmacy to practice pharmacy; and 17 practitioner as a physician, dentist, podiatric physician, 18 prescribing psychologist, veterinarian, optometrist, physician 19 assistant, advanced registered nurse practitioner, or other 20 person licensed or registered to prescribe, distribute, 21 or dispense a prescription drug or device in the course of 22 professional practice in this state or a person licensed by 23 another state in a health field in which, under Iowa law, 24 licensees in this state may legally prescribe drugs. 25 -2- LSB 1531XS (2) 91 ss/ko 2/ 2