reglab/statecodes huggingface dataset:
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155 - NURSING HOME ADMINISTRATION › Section 155.12 - Conflict with federal law — effect.

155.12 Conflict with federal law — effect.
If any provision of this chapter is in conflict with the requirements of section 1908 of the United States Social Security Act codified at 42 U.S.C. §1396g, relative to a state program for licensing of administrators of nursing homes, and except for such conflict the state would be entitled to receive contributions from the United States for payment of assistance under the program established pursuant to Tit. XIX of the United States Social Security Act, codified at 42 U.S.C. §1396 – 1396g, such provision of this chapter so in conflict with said statute of the United States shall be considered as suspended and of no effect until sixty days after the convening of the next regular session of the general assembly after such conflict is discovered.
[C71, 73, 75, §147.129; C77, 79, 81, §135E.12]
C93, §155.12
2010 Acts, ch 1061, §31
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155 - NURSING HOME ADMINISTRATION › Section 155.13 - Misdemeanor.

155.13 Misdemeanor.
It shall be a serious misdemeanor for any person to act or serve in the capacity of a nursing home administrator unless the person is the holder of a license as a nursing home administrator issued in accordance with the provisions of this chapter.
[C71, 73, 75, §147.130; C77, 79, 81, §135E.13]
C93, §155.13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155 - NURSING HOME ADMINISTRATION › Section 155.14 - Applications.

155.14 Applications.
Applications for licensure and for license renewal shall be in the format prescribed by the board.
[C75, §147.131; C77, 79, 81, §135E.14]
C93, §155.14
2012 Acts, ch 1113, §7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.2 - Legislative declaration — purpose — exceptions.

155A.2 Legislative declaration — purpose — exceptions.
1. It is the purpose of this chapter to promote, preserve, and protect the public health, safety, and welfare through the effective regulation of the practice of pharmacy and the licensing of pharmacies, pharmacists, and others engaged in the sale, delivery, or distribution of prescription drugs and devices or other classes of drugs or devices which may be authorized.
2. Practitioners licensed under a separate chapter of the Code are not regulated by this chapter except when engaged in the operation of a pharmacy for the retailing of prescription drugs.
3. A family planning clinic is not regulated by this chapter when engaged in the dispensing of birth control drugs and devices pursuant to section 147.107, subsection 7.
87 Acts, ch 215, §2; 2009 Acts, ch 69, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.2A - Board of pharmacy — alternate members.

155A.2A Board of pharmacy — alternate members.
Notwithstanding sections 17A.11, 69.16, 69.16A, 147.12, 147.14, and 147.19, the board may have a pool of up to seven alternate members, including members licensed to practice under this chapter and members not licensed to practice under this chapter, to substitute for board members who are disqualified or become unavailable for any reason for contested case hearings.
1. The board may recommend, subject to approval by the governor, up to seven people to serve in a pool of alternate members.
2. A person serves in the pool of alternate members at the discretion of the board; however, the length of time an alternate member may serve in the pool shall not exceed nine years. A person who serves as an alternate member may later be appointed to the board and may serve nine years, in accordance with sections 147.12 and 147.19. A former board member may serve in the pool of alternate members.
3. An alternate member licensed under this chapter shall hold an active license and shall have been actively engaged in the practice of pharmacy in the preceding three years, with the two most recent years of practice being in Iowa.
4. When a sufficient number of board members are unavailable to hear a contested case, the board may request alternate members to serve.
5. Notwithstanding section 17A.11, section 147.14, subsection 2, and section 272C.6, subsection 5:
a. An alternate member is deemed a member of the board only for the hearing panel for which the alternate member serves.
b. A hearing panel containing alternate members must include at least five people.
c. The majority of a hearing panel containing alternate members shall be members of the board.
d. The majority of a hearing panel containing alternate members shall be licensed to practice under this chapter.
e. A decision of a hearing panel containing alternate members is considered a final decision of the board.
f. An alternate member shall not receive compensation in excess of that authorized by law for a board member.
2017 Acts, ch 93, §1
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.4 - Prohibition against unlicensed persons dispensing or distributing prescription drugs — exceptions.

155A.4 Prohibition against unlicensed persons dispensing or distributing prescription drugs — exceptions.
1. A person shall not dispense prescription drugs unless that person is a licensed pharmacist or is authorized by section 147.107 to dispense or distribute prescription drugs.
2. Notwithstanding subsection 1, it is not unlawful for:
a. A limited distributor, third-party logistics provider, or wholesale distributor to distribute prescription drugs or devices as provided by state or federal law.
b. A practitioner, licensed by the appropriate state board, to dispense prescription drugs to patients as incident to the practice of the profession, except with respect to the operation of a pharmacy for the retailing of prescription drugs.
c. A practitioner, licensed by the appropriate state board, to administer drugs to patients. This chapter does not prevent a practitioner from delegating the administration of a prescription drug to a nurse, intern, or other qualified individual or, in the case of a veterinarian, to an orderly or assistant, under the practitioner’s direction and supervision.
d. A person to sell at retail a proprietary medicine, an insecticide, a fungicide, or a chemical used in the arts, if properly labeled.
e. A person to procure prescription drugs for lawful research, teaching, or testing and not for resale.
f. A pharmacy to distribute a prescription drug to another pharmacy or to a practitioner.
g. A qualified individual authorized to administer prescription drugs and employed by a home health agency or hospice to obtain, possess, and transport emergency prescription drugs as provided by state or federal law or by rules of the board.
87 Acts, ch 215, §4; 97 Acts, ch 39, §1; 2005 Acts, ch 179, §178; 2007 Acts, ch 19, §3; 2018 Acts, ch 1141, §10, 11
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.5 - Injunction.

155A.5 Injunction.
Notwithstanding the existence or pursuit of any other remedy the board may, in the manner provided by law, maintain an action in the name of the state for injunction or other process against any person to restrain or prevent the establishment, conduct, management, or operation of a pharmacy, limited distributor, third-party logistics provider, or wholesale distributor without a license, or to prevent the violation of provisions of this chapter. Upon request of the board, the attorney general shall institute the proper proceedings and the county attorney, at the request of the attorney general, shall appear and prosecute the action when brought in the county attorney’s county.
87 Acts, ch 215, §5; 2018 Acts, ch 1141, §12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.6 - Pharmacist internship program.

155A.6 Pharmacist internship program.
1. A program of pharmacist internships is established. Each internship is subject to approval by the board.
2. A person desiring to be a pharmacist-intern in this state shall apply to the board for registration. The application must be on a form prescribed by the board. A pharmacist-intern shall be registered during internship training and thereafter pursuant to rules adopted by the board.
3. The board shall establish standards for pharmacist-intern registration and may deny, suspend, or revoke a pharmacist-intern registration for failure to meet the standards or for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124B, 126, 147, or 205, or any rule of the board.
4. The board shall adopt rules in accordance with chapter 17A on matters pertaining to pharmacist-intern registration standards, registration fees, conditions of registration, termination of registration, and approval of preceptors.
87 Acts, ch 215, §6; 96 Acts, ch 1070, §2, 3; 2007 Acts, ch 20, §1; 2017 Acts, ch 145, §17
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.6A - Pharmacy technician registration.

155A.6A Pharmacy technician registration.
1. A registration program for pharmacy technicians is established for the purpose of establishing technician competency and 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 ultimate responsibility for the actions of a pharmacy technician working under a licensed pharmacist’s supervision shall remain with the licensed pharmacist.
2. A person who is or desires to be a pharmacy technician in this state shall apply to the board for registration. The application shall be submitted on a form prescribed by the board. A pharmacy technician must be registered pursuant to rules adopted by the board. Except as provided in subsection 3, all applicants for a new pharmacy technician registration or for a pharmacy technician renewal shall provide proof of current certification by a national technician certification authority approved by the board. Notwithstanding section 272C.2, subsection 1, a pharmacy technician registration shall not require continuing education for renewal.
3. A person who is in the process of acquiring national certification as a pharmacy technician and who is in training to become a pharmacy technician shall register with the board as a pharmacy technician.
4. The board shall adopt rules in accordance with chapter 17A on matters pertaining to pharmacy technician registration, application, forms, renewals, fees, termination of registration, technician product verification programs, national certification, training, and any other relevant matters.
5. The board may deny, suspend, or revoke the registration of, or otherwise discipline, a registered pharmacy technician for any violation of the laws of this state, another state, or the United States relating to prescription drugs, controlled substances, or nonprescription drugs, or for any violation of this chapter or chapter 124, 124B, 126, 147, 205, or 272C, or any rule of the board.
2007 Acts, ch 20, §2; 2008 Acts, ch 1016, §3; 2010 Acts, ch 1193, §112, 137, 138; 2017 Acts, ch 29, §45; 2017 Acts, ch 145, §18; 2018 Acts, ch 1026, §55, 56, 182; 2018 Acts, ch 1142, §3; 2021 Acts, ch 68, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.6B - Pharmacy support person registration.

155A.6B Pharmacy support person registration.
1. The board shall establish a registration program for pharmacy support persons who work in a licensed pharmacy and who are not licensed pharmacists or registered pharmacy technicians 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, notwithstanding section 272C.2, subsection 1, shall not require continuing education for renewal.
2. A person registered with the board as a pharmacy support person may assist pharmacists by performing routine clerical and support functions. Such a person shall not perform any professional duties or any technical or dispensing duties. The ultimate responsibility for the actions 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, application, 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 nonprescription drugs, or for any violation of this chapter or chapter 124, 124B, 126, 147, 205, or 272C, or any rule of the board.
2009 Acts, ch 69, §3; 2017 Acts, ch 145, §19
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.8 - Requirements for pharmacist license.

155A.8 Requirements for pharmacist license.
To qualify for a pharmacist license, an applicant shall meet the following requirements:
1. Be a graduate of a school or college of pharmacy or of a department of pharmacy of a university recognized and approved by the board.
2. File proof, satisfactory to the board, of internship for a period of time fixed by the board.
3. Pass an examination prescribed by the board.
87 Acts, ch 215, §8
Referred to in §155A.9, 155A.12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.9 - Approved colleges — graduates of foreign colleges.

155A.9 Approved colleges — graduates of foreign colleges.
1. A college of pharmacy shall not be approved by the board unless the college is accredited by the accreditation council for pharmacy education.
2. An applicant who is a graduate of a school or college of pharmacy located outside the United States but who is otherwise qualified to apply for a pharmacist license in this state may be deemed to have satisfied the requirements of section 155A.8, subsection 1, by verification to the board of the applicant’s academic record and graduation and by meeting other requirements established by rule of the board. The board may require the applicant to pass an examination or examinations given or approved by the board to establish proficiency in English and equivalency of education as a prerequisite for taking the licensure examination required in section 155A.8, subsection 3.
87 Acts, ch 215, §9; 2007 Acts, ch 19, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.12 - Pharmacist license — grounds for discipline.

155A.12 Pharmacist license — grounds for discipline.
The board shall refuse to issue a pharmacist license for failure to meet the requirements of section 155A.8. The board may refuse to issue or renew a license or may impose a fine, issue a reprimand, or revoke, restrict, cancel, or suspend a license, and may place a licensee on probation, if the board finds that the applicant or licensee has done any of the following:
1. Violated any provision of this chapter or any rules of the board adopted under this chapter.
2. Engaged in unethical conduct as that term is defined by rules of the board.
3. Violated any of the provisions for licensee discipline set forth in section 147.55.
4. Failed to keep and maintain records required by this chapter or failed to keep and maintain complete and accurate records of purchases and disposal of drugs listed in the controlled substances Act.
5. Violated any provision of the controlled substances Act or rules relating to that Act.
6. Aided or abetted an unlicensed individual to engage in the practice of pharmacy.
7. Refused an entry into any pharmacy for any inspection authorized by this chapter.
8. Violated the pharmacy or drug laws or rules of any other state of the United States while under the other state’s jurisdiction.
9. Been convicted of an offense or subjected to a penalty or fine for violation of chapter 124, 126, 147, or the Federal Food, Drug, and Cosmetic Act. A plea or verdict of guilty, or a conviction following a plea of nolo contendere, is deemed to be a conviction within the meaning of this section.
10. Had a license to practice pharmacy issued by another state canceled, revoked, or suspended for conduct substantially equivalent to conduct described in subsections 1 through 9. A certified copy of the record of the state taking action as set out above shall be conclusive evidence of the action taken by such state.
87 Acts, ch 215, §12; 89 Acts, ch 197, §23
Referred to in §155A.16
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.15 - Pharmacies — license required — discipline, violations, and penalties.

155A.15 Pharmacies — license required — discipline, violations, and penalties.
1. A pharmacy subject to section 155A.13 shall not be operated until a license or renewal certificate has been issued to the pharmacy by the board.
2. The board shall refuse to issue a pharmacy license for failure to meet the requirements of section 155A.13. The board may refuse to issue or renew a license or may impose a fine, issue a reprimand, or revoke, restrict, cancel, or suspend a license, and may place a licensee on probation, if the board finds that the applicant or licensee has done any of the following:
a. Been convicted of a felony or a misdemeanor involving moral turpitude, or if the applicant is an association, joint stock company, partnership, or corporation, that a managing officer has been convicted of a felony or a misdemeanor involving moral turpitude, under the law of this state, another state, or the United States.
b. Advertised any prescription drugs or devices in a deceitful, misleading, or fraudulent manner.
c. Violated any provision of this chapter or any rule adopted under this chapter or that any owner or employee of the pharmacy has violated any provision of this chapter or any rule adopted under this chapter.
d. Delivered without legal authorization prescription drugs or devices to a person other than one of the following:
(1) A pharmacy licensed by the board.
(2) A practitioner.
(3) A person who procures prescription drugs or devices for the purpose of lawful research, teaching, or testing, and not for resale.
(4) A manufacturer or wholesaler licensed by the board.
(5) A licensed health care facility which is furnished the drug or device by a pharmacy for storage in secured emergency pharmaceutical supplies containers maintained within the facility in accordance with rules of the department of inspections and appeals and rules of the board.
e. Allowed an employee who is not a licensed pharmacist to practice pharmacy.
f. Delivered mislabeled prescription or nonprescription drugs.
g. Failed to engage in or ceased to engage in the business described in the application for a license.
h. Failed to keep and maintain records as required by this chapter, the controlled substances Act, or rules adopted under the controlled substances Act.
i. Failed to establish effective controls against diversion of prescription drugs into other than legitimate medical, scientific, or industrial channels as provided by this chapter and other Iowa or federal laws or rules.
87 Acts, ch 215, §15; 91 Acts, ch 233, §2; 97 Acts, ch 39, §2; 2009 Acts, ch 133, §64
Referred to in §155A.16
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.17 - Wholesale distributor license.

155A.17 Wholesale distributor license.
1. A person shall not engage in wholesale distribution without a wholesale distributor license.
2. Wholesale distributors shall comply with the national standards contained in the federal Drug Supply Chain Security Act, 21 U.S.C. §360eee et seq., and national standards promulgated thereunder.
3. The board shall adopt rules establishing requirements for wholesale distributor licenses, licensure fees, and other relevant matters consistent with the federal Drug Supply Chain Security Act, 21 U.S.C. §360eee et seq.
4. The board may deny, suspend, or revoke a wholesale distributor license, or otherwise discipline a wholesale distributor, for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States, or for a violation of this chapter, chapter 124, 124B, 126, or 205, or a rule of the board.
87 Acts, ch 215, §17; 91 Acts, ch 233, §3; 2005 Acts, ch 179, §180, 181; 2017 Acts, ch 145, §21; 2018 Acts, ch 1141, §13
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.17A - Third-party logistics provider license.

155A.17A Third-party logistics provider license.
1. A person shall not operate as a third-party logistics provider in this state without a third-party logistics provider license.
2. Third-party logistics providers shall comply with national standards contained in the federal Drug Supply Chain Security Act, 21 U.S.C. §360eee et seq., and national standards promulgated thereunder.
3. The board shall adopt rules establishing requirements for a third-party logistics provider license, licensure fees, and other relevant matters consistent with the federal Drug Supply Chain Security Act, 21 U.S.C. §360eee et seq.
4. The board may deny, suspend, or revoke a third-party logistics provider license, or otherwise discipline a third-party logistics provider, for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States, or for a violation of this chapter, chapter 124, 124B, 126, or 205, or a rule of the board.
2018 Acts, ch 1141, §14
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.19 - Notifications to board.

155A.19 Notifications to board.
1. A pharmacy shall report in writing to the board, pursuant to its rules, the following:
a. Permanent closing.
b. Change of ownership.
c. Change of location.
d. Change of pharmacist in charge.
e. The sale or transfer of prescription drugs, including controlled substances, on the permanent closing or change of ownership of the pharmacy.
f. Change of legal name or doing-business-as name.
g. Theft or significant loss of any controlled substance on discovery of the theft or loss.
h. Disasters, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease.
2. A pharmacist shall report in writing to the board within ten days a change of name, address, or place of employment.
3. A wholesaler shall report in writing to the board, pursuant to its rules, the following:
a. Permanent closing or discontinuation of wholesale distributions into this state.
b. Change of ownership.
c. Change of location.
d. Change of the wholesaler’s responsible individual.
e. Change of legal name or doing-business-as name.
f. Theft or significant loss of any controlled substance on discovery of the theft or loss.
g. Disasters, accidents, and emergencies that may affect the strength, purity, or labeling of drugs, medications, devices, or other materials used in the diagnosis or the treatment of injury, illness, and disease.
h. Other information or activities as required by rule.
87 Acts, ch 215, §19; 91 Acts, ch 233, §4; 2005 Acts, ch 179, §182, 183
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.20 - Unlawful use of terms and titles — impersonation.

155A.20 Unlawful use of terms and titles — impersonation.
1. A person, other than a pharmacy or wholesaler licensed under this chapter, shall not display in or on any store, internet site, or place of business, nor use in any advertising or promotional literature, communication, or representation, the word or words: “apothecary”, “drug”, “drug store”, or “pharmacy”, either in English or any other language, any other word or combination of words of the same or similar meaning, or any graphic representation in a manner that would mislead the public.
2. A person shall not do any of the following:
a. Impersonate before the board an applicant applying for licensing under this chapter.
b. Impersonate an Iowa licensed pharmacist.
c. Use the title pharmacist, druggist, apothecary, or words of similar intent unless the person is licensed to practice pharmacy.
3. A pharmacist shall not utilize the title “Dr.” or “Doctor” if that pharmacist has not acquired the doctor of pharmacy degree from an approved college of pharmacy or the doctor of philosophy degree in an area related to pharmacy.
87 Acts, ch 215, §20; 2005 Acts, ch 179, §184
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.21 - Unlawful possession of prescription drug or device — penalty.

155A.21 Unlawful possession of prescription drug or device — penalty.
1. A person found in possession of a drug or device limited to dispensation by prescription, unless the drug or device was so lawfully dispensed, commits a serious misdemeanor.
2. Subsection 1 does not apply to a licensed pharmacy, licensed wholesaler, physician, veterinarian, dentist, podiatric physician, optometrist, advanced registered nurse practitioner, physician assistant, a nurse acting under the direction of a physician, or the board of pharmacy, its officers, agents, inspectors, and representatives, or to a common carrier, manufacturer’s representative, or messenger when transporting the drug or device in the same unbroken package in which the drug or device was delivered to that person for transportation.
87 Acts, ch 215, §21; 95 Acts, ch 108, §14; 2005 Acts, ch 179, §185; 2007 Acts, ch 10, §154; 2012 Acts, ch 1004, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.25 - Burden of proof.

155A.25 Burden of proof.
In any complaint, information, or indictment, and in any action or proceeding brought for the enforcement of any provisions of this chapter, it shall not be necessary to negate any exception, excuse, proviso, or exemption contained in this chapter, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant.
87 Acts, ch 215, §25
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.26 - Enforcement — agents as peace officers.

155A.26 Enforcement — agents as peace officers.
The board, its officers, agents, inspectors, and representatives, and all peace officers within the state, and all county attorneys shall enforce all provisions of this chapter, except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this state, and of all other states relating to prescription drugs. Officers, agents, inspectors, and representatives of the board shall have the powers and status of peace officers when enforcing the provisions of this chapter and chapters 124, 126, and 205. Officers, agents, inspectors, and representatives of the board of pharmacy may:
1. Administer oaths, acknowledge signatures, and take testimony.
2. Make audits of the supply and inventory of controlled substances and prescription drugs in the possession of any and all individuals or institutions authorized to have possession of any controlled substances or prescription drugs, regardless of the location of the individual or institution.
3. Conduct routine and unannounced inspections of pharmacies, drug wholesalers, and the offices or business locations of all individuals and institutions authorized to have possession of prescription drugs including controlled substances or prescription devices, regardless of the location of the office or business.
4. Conduct inspections and investigations related to the practice of pharmacy and the distribution of prescription drugs and devices in and into this state.
5. Seize controlled or counterfeit substances or articles used in the manufacture or sale of controlled or counterfeit substances which they have reasonable grounds to believe are held in violation of law.
6. Seize prescription medications which they believe are held in violation of law.
7. Perform other duties as specifically authorized or mandated by law or rule.
87 Acts, ch 215, §26; 2007 Acts, ch 10, §155; 2008 Acts, ch 1088, §77; 2016 Acts, ch 1093, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.28 - Label of prescription drugs — interchangeable biological product list.

155A.28 Label of prescription drugs — interchangeable biological product list.
1. The label of any drug, biological product, or device sold and dispensed on the prescription of a practitioner shall be in compliance with rules adopted by the board.
2. The board shall maintain a link on its internet site to the current list of all biological products that the United States food and drug administration has determined to be interchangeable biological products.
87 Acts, ch 215, §28; 2017 Acts, ch 5, §2
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.29 - Prescription refills.

155A.29 Prescription refills.
1. Except as specified in subsection 2, a prescription for any prescription drug or device which is not a controlled substance shall not be filled or refilled more than eighteen months after the date on which the prescription was issued and a prescription which is authorized to be refilled shall not be refilled more than twelve times.
2. A pharmacist may exercise professional judgment by refilling a prescription without prescriber authorization if all of the following are true:
a. The pharmacist is unable to contact the prescriber after reasonable effort.
b. Failure to refill the prescription might result in an interruption of therapeutic regimen or create patient suffering.
c. The pharmacist informs the patient or the patient’s representative at the time of dispensing, and the practitioner at the earliest convenience that prescriber reauthorization is required.
3. Prescriptions may be refilled once pursuant to subsection 2 for a period of time reasonably necessary for the pharmacist to secure prescriber authorization.
4. An authorization to refill a prescription drug order shall be transmitted to a pharmacy by a prescriber or the prescriber’s authorized agent pursuant to section 155A.27, except that prescription drug orders for controlled substances shall be transmitted pursuant to section 124.308, and, if not transmitted directly by the practitioner, shall also include the name and title of the practitioner’s agent completing the transmission.
87 Acts, ch 215, §29; 2007 Acts, ch 19, §5; 2009 Acts, ch 69, §6; 2018 Acts, ch 1138, §12
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.30 - Out-of-state prescription orders.

155A.30 Out-of-state prescription orders.
Prescription drug orders issued by out-of-state practitioners who would be authorized to prescribe if they were practicing in Iowa may be filled by licensed pharmacists operating in licensed Iowa pharmacies.
87 Acts, ch 215, §30
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.33 - Delegation of functions.

155A.33 Delegation of functions.
A pharmacist may delegate any technical functions to pharmacy technicians and any nontechnical functions to pharmacy support persons, but only if the pharmacist is available to provide professional oversight of the delegated functions performed by the pharmacy technician or pharmacy support person. Verification of automated dispensing, technician product verification, and telepharmacy practice accuracy and completeness remains the responsibility of the pharmacist and shall be determined in accordance with rules adopted by the board.
87 Acts, ch 215, §33; 96 Acts, ch 1070, §4; 2002 Acts, ch 1108, §25; 2008 Acts, ch 1016, §5; 2016 Acts, ch 1093, §7; 2018 Acts, ch 1142, §4; 2021 Acts, ch 68, §5
Referred to in §155A.47
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.33A - Technician product verification programs.

155A.33A Technician product verification programs.
1. A pharmacist in charge of a pharmacy located in this state may formally establish a technician product verification program to optimize the provision of pharmacist patient care services. The board may require a pharmacist in charge intending to implement a technician product verification program to submit a program plan for board consideration and approval. The plan shall demonstrate that onsite practice hours for a pharmacist will not be reduced but will be redistributed directly to patient care activities.
2. The board shall adopt rules for the development, implementation, and oversight of technician product verification programs. The rules shall address program policy and procedures, pharmacist and pharmacy technician training, program quality assurance and evaluation, recordkeeping, redistribution of pharmacist activities, and other matters necessary for the development, implementation, and oversight of the program.
2018 Acts, ch 1142, §5
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.33B - Registered nurses — vaccinations and immunizations.

155A.33B Registered nurses — vaccinations and immunizations.
A registered nurse licensed pursuant to chapter 152 or 152E shall be authorized to assist in the administration of immunizations and vaccinations and the utilization of statewide protocols, pursuant to a pharmacist’s order and consistent with the practice of the profession of a registered nurse as defined in section 152.1, without obtaining a registration from the board.
2022 Acts, ch 1108, §2
Referred to in §152.1
NEW section
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.34 - Transfer of prescriptions.

155A.34 Transfer of prescriptions.
Any prescription transfer shall be from a licensed pharmacy to another licensed pharmacy and be performed in accordance with rules adopted by the board.
87 Acts, ch 215, §34; 2008 Acts, ch 1016, §6; 2018 Acts, ch 1142, §6
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.37 - Code of professional responsibility for board employees.

155A.37 Code of professional responsibility for board employees.
1. The board shall adopt a code of professional responsibility to regulate the conduct of board employees responsible for inspections and surveys of pharmacies.
2. The code shall contain a procedure to be followed by personnel of the board in all of the following:
a. On entering a pharmacy.
b. During inspection of the pharmacy.
c. During the exit conference.
3. The code shall contain standards of conduct that personnel of the board are to follow in dealing with the staff and management of the pharmacy and the general public.
4. The board shall establish a procedure for receiving and investigating complaints of violations of this code. The board shall investigate all complaints of violations.
5. The board may adopt rules establishing sanctions for violations of this code of professional responsibility.
87 Acts, ch 215, §37; 2004 Acts, ch 1167, §10
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.39 - Program to monitor impaired pharmacists, pharmacist-interns, or pharmacy technicians — immunity and funding.

155A.39 Program to monitor impaired pharmacists, pharmacist-interns, or pharmacy technicians — immunity and funding.
1. The board may establish a review committee and may implement a program to monitor impaired pharmacists, pharmacist-interns, and pharmacy technicians pursuant to section 272C.3, subsection 1, paragraph “k”.
2. An employee or a member of the board, a review committee member, or any other person who furnishes information, data, reports, or records in good faith for the purpose of aiding an impaired pharmacist, pharmacist-intern, or pharmacy technician, shall be immune from civil liability. This immunity from civil liability shall be liberally construed to accomplish the purpose of this section and is in addition to other immunity provided by law.
3. An employee or member of the board or a review committee member is presumed to have acted in good faith. A person alleging a lack of good faith has the burden of proof on that issue.
4. The board may add a surcharge of not more than ten percent of the applicable fee to a pharmacist license fee, pharmacist license renewal fee, pharmacist-intern registration fee, pharmacy technician registration fee, or pharmacy technician registration renewal fee authorized under this chapter to fund a program to monitor impaired pharmacists, pharmacist-interns, or pharmacy technicians.
5. The board may accept, transfer, and expend funds made available by the federal or state government or by another public or private source to be used in a program authorized by this section.
6. Funds and surcharges collected under this section shall be deposited in an account and may be used by the board to administer a program authorized by this section, but shall not be used for costs incurred for a participant’s initial evaluation, referral services, treatment, or rehabilitation subsequent to intervention.
7. The board may disclose that the license of a pharmacist, the registration of a pharmacist-intern, or the registration of a pharmacy technician who is the subject of an order of the board that is confidential pursuant to section 272C.6 is suspended, revoked, canceled, restricted, or retired; or that the pharmacist, pharmacist-intern, or pharmacy technician is in any manner otherwise limited in the practice of pharmacy; or other relevant information pertaining to the pharmacist, pharmacist-intern, or pharmacy technician which the board deems appropriate.
8. The board may adopt rules necessary for the implementation of this section.
97 Acts, ch 39, §5; 2017 Acts, ch 93, §3
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.40 - Criminal history record checks.

155A.40 Criminal history record checks.
1. The board may request and obtain, notwithstanding section 692.2, subsection 5, criminal history data for any applicant for an initial or renewal license or registration issued pursuant to this chapter or chapter 147, any applicant for reinstatement of a license or registration issued pursuant to this chapter or chapter 147, or any licensee or registrant who is being monitored as a result of a board order or agreement resolving an administrative disciplinary action, for the purpose of evaluating the applicant’s, licensee’s, or registrant’s eligibility for licensure, registration, or suitability for continued practice of the profession. Criminal history data may be requested for all owners, managers, and principal employees of a pharmacy or drug wholesaler licensed pursuant to this chapter. The board shall adopt rules pursuant to chapter 17A to implement this section. The board shall inform the applicant, licensee, or registrant of the criminal history requirement and obtain a signed waiver from the applicant, licensee, or registrant prior to submitting a criminal history data request.
2. A request for criminal history data shall be submitted to the department of public safety, division of criminal investigation, pursuant to section 692.2, subsection 1. The board may also require such applicants, licensees, and registrants to provide a full set of fingerprints, in a form and manner prescribed by the board. Such fingerprints may be submitted to the federal bureau of investigation through the state criminal history repository for a national criminal history check. The board may authorize alternate methods or sources for obtaining criminal history record information. The board may, in addition to any other fees, charge and collect such amounts as may be incurred by the board, the department of public safety, or the federal bureau of investigation in obtaining criminal history information. Amounts collected shall be considered repayment receipts as defined in section 8.2.
3. Criminal history information relating to an applicant, licensee, or registrant obtained by the board pursuant to this section is confidential. The board may, however, use such information in a license or registration denial proceeding. In a disciplinary proceeding, such information shall constitute investigative information under section 272C.6, subsection 4, and may be used only for purposes consistent with that section.
4. This section shall not apply to a manufacturer of a prescription drug or device that has been delivered into commerce pursuant to an application approved by the federal food and drug administration.
2005 Acts, ch 35, §31; 2005 Acts, ch 179, §188
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.41 - Continuous quality improvement program.

155A.41 Continuous quality improvement program.
1. Each licensed pharmacy shall implement or participate in a continuous quality improvement program to review pharmacy procedures in order to identify methods for addressing pharmacy medication errors and for improving patient use of medications and patient care services. Under the program, each pharmacy shall assess its practices and identify areas for quality improvement.
2. The board shall adopt rules for the administration of a continuous quality improvement program. The rules shall address all of the following:
a. Program requirements and procedures.
b. Program record and reporting requirements.
c. Any other provisions necessary for the administration of a program.
2005 Acts, ch 179, §189
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.42 - Limited distributor license.

155A.42 Limited distributor license.
1. A person other than a wholesale distributor, licensed pharmacy, or practitioner, shall not engage in any of the following activities in this state without a limited distributor license:
a. Distribution of a medical gas or device at wholesale or to a patient pursuant to a prescription drug order.
b. Wholesale distribution of a prescription animal drug.
c. Wholesale distribution of a prescription drug, or brokering the distribution of a prescription drug at wholesale, by a manufacturer, a manufacturer’s co-licensed partner, or a repackager.
d. Intracompany distribution of a prescription drug, including pharmacy chain distribution centers.
e. Distribution at wholesale of a combination product as defined by the United States food and drug administration, medical convenience kit, intravenous fluid or electrolyte, dialysis solution, radioactive drug, or irrigation or sterile water solution to be dispensed by prescription only.
f. Distribution of a dialysis solution by the manufacturer or the manufacturer’s agent to a patient pursuant to a prescription drug order, provided that a licensed pharmacy processes the prescription drug order.
2. The board shall adopt rules establishing the requirements for a limited distributor license, licensure fees, compliance standards, and any other relevant matters. A limited distributor shall not be required to have an onsite pharmacist.
3. The board may deny, suspend, or revoke a limited distributor’s license, or otherwise discipline a limited distributor, for failure to meet the applicable standards or for a violation of the laws of this state, another state, or the United States, or for a violation of this chapter, chapter 124, 124B, 126, or 205, or a rule of the board.
2007 Acts, ch 19, §6; 2017 Acts, ch 145, §22; 2018 Acts, ch 1141, §15
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.43 - Pharmaceutical collection and disposal program — annual allocation.

155A.43 Pharmaceutical collection and disposal program — annual allocation.
Of the fees collected by the board pursuant to sections 124.301 and 147.80 and this chapter, and retained by the board pursuant to section 147.82, the board may annually allocate a sum deemed by the board to be adequate for administering the pharmaceutical collection and disposal program. The program shall provide for the management and disposal of unused, excess, and expired pharmaceuticals, including the management and disposal of controlled substances pursuant to state and federal regulations. The board may contract with one or more vendors for the provision of supplies and services to manage and maintain the program and to safely and appropriately dispose of pharmaceuticals collected through the program.
2011 Acts, ch 129, §88, 156; 2014 Acts, ch 1026, §143; 2015 Acts, ch 137, §74, 162, 163; 2017 Acts, ch 93, §4
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.45 - Reports — disclosure.

155A.45 Reports — disclosure.
1. Notwithstanding section 272C.6, subsection 4, paragraph “a”, an inspection report in possession of the board, regardless of whether the report is based on a routine inspection or an inspection prompted by one or more complaints, may be disclosed to the national association of boards of pharmacy’s inspection network.
2. Notwithstanding section 272C.6, subsection 4, paragraph “a”, any complaints, investigative information, or data collected pertaining to compounded human drug products may be disclosed to the United States food and drug administration, including through the use of an information sharing network, in order to comply with any memorandum of understanding with the United States food and drug administration.
2016 Acts, ch 1093, §8; 2021 Acts, ch 68, §7
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.47 - Pilot or demonstration research projects.

155A.47 Pilot or demonstration research projects.
1. Notwithstanding any provision of section 147.107, subsection 2, or section 155A.33 to the contrary, the board may approve a pilot or demonstration research project of innovative applications in the practice of pharmacy to provide enhanced patient care.
2. The board shall adopt rules pursuant to chapter 17A for application for and approval of such projects. The rules may include exceptions to any existing rules under the purview of the board as necessary for completion of the project, limited to the duration of the project. The board may approve a project for no more than eighteen months. The board may extend or renew a project in accordance with board rules. All projects shall comply with the rules adopted for such projects.
3. The board shall not approve any project that expands the practice of pharmacy as defined in section 155A.3.
2021 Acts, ch 68, §8
2023 Iowa Code › Title IV - PUBLIC HEALTH › Chapter 155A - PHARMACY › Section 155A.48 - Collaborative pharmacy practice — agreements — payment.

155A.48 Collaborative pharmacy practice — agreements — payment.
1. For the purposes of this section:
a. “Collaborative pharmacy practice” means a practice of pharmacy whereby a pharmacist provides patient care and drug therapy management services not otherwise permitted to be performed by a pharmacist to patients under a collaborative pharmacy practice agreement with another pharmacist or practitioner which defines the nature, scope, conditions, and limitations of the patient care and drug therapy management services to be provided by a pharmacist in order to ensure that a patient achieves the desired outcomes.
b. “Health benefit plan” means the same as defined in section 514J.102.
c. “Health carrier” means the same as defined in section 514J.102.
2. Notwithstanding any provision of law to the contrary, a pharmacist may engage in a collaborative pharmacy practice, in accordance with rules adopted by the board pursuant to chapter 17A and under a collaborative pharmacy practice agreement, to provide patient care and drug therapy management services to a patient.
3. Notwithstanding any provision of a health benefit plan to the contrary, whenever a health benefit plan provides for payment or reimbursement for a service that is within the lawful scope of practice of a practitioner or pharmacist and the service is provided by a pharmacist pursuant to a collaborative pharmacy practice agreement under this section, the health carrier may provide payment or reimbursement for the service.
2021 Acts, ch 103, §3