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Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
Any person may file a petition with the board of pharmacy,
				hereinafter referred to as "the board," for a declaratory order as to the
				applicability to specified circumstances of a statute, rule, or order within
				the primary jurisdiction of the Iowa Board of Pharmacy at 400 S.W. Eighth
				Street, Suite E, Des Moines, Iowa 50309-4688. A petition is deemed filed when
				it is received by that office. The board shall provide the petitioner with a
				file-stamped copy of the petition if the petitioner provides the board an extra
				copy for this purpose. The petition shall be typewritten or legibly handwritten
				in ink and shall substantially conform to the following form:
IOWA BOARD OF PHARMACY
Click here to
				view Image
The petition shall provide the following information:
1. A clear and concise statement of all
			 relevant facts on which the order is requested.
2. A citation and the relevant language of
			 the specific statutes, rules, policies, decisions, or orders, whose
			 applicability is questioned, and any other relevant law.
3. The questions petitioner wants answered,
			 stated clearly and concisely.
4.
			 The answers to the questions desired by the petitioner and a summary of the
			 reasons urged by the petitioner in support of those answers.
5. The reasons for requesting the declaratory
			 order and disclosure of the petitioner's interest in the outcome.
6. A statement indicating whether the
			 petitioner is currently a party to another proceeding involving the questions
			 at issue and whether, to the petitioner's knowledge, those questions have been
			 decided by, are pending determination by, or are under investigation by, any
			 governmental entity.
7. The names
			 and addresses of other persons, or a description of any class of persons, known
			 by petitioner to be affected by, or interested in, the questions presented in
			 the petition.
8. Any request by
			 petitioner for a meeting provided for by
			 657-27.7 (17A).
The petition shall be dated and signed by the petitioner or the
				petitioner's representative. It shall also include the name, mailing address,
				and telephone number of the petitioner and petitioner's representative and a
				statement indicating the person to whom communications concerning the petition
				should be directed.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.2 - Notice of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
Within 15 days after receipt of a petition for a declaratory
				order, the board shall give notice of the petition to all persons not served by
				the petitioner pursuant to
				657-27.6
				(17A) to whom notice is required by any provision of law. The board may also
				give notice to any other persons.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Persons who
			 qualify under any applicable provision of law as an intervenor and who file a
			 petition for intervention within 20 days of the filing of a petition for
			 declaratory order shall be allowed to intervene in a proceeding for a
			 declaratory order.
(2) Any person
			 who files a petition for intervention at any time prior to the issuance of an
			 order may be allowed to intervene in a proceeding for a declaratory order at
			 the discretion of the board.
(3) A
			 petition for intervention shall be filed at the board office at 400 S.W. Eighth
			 Street, Suite E, Des Moines, Iowa 50309-4688. Such a petition is deemed filed
			 when it is received by that office. The board will provide the petitioner with
			 a file-stamped copy of the petition for intervention if the petitioner provides
			 an extra copy for this purpose. A petition for intervention shall be
			 typewritten or legibly handwritten in ink and shall substantially conform to
			 the following form:
IOWA BOARD OF PHARMACY
Click here to
				view Image
The petition for intervention shall provide the following
				information:
1. Facts supporting the
			 intervener's standing and qualifications for intervention.
2. The answers urged by the intervenor to the
			 question or questions presented and a summary of the reasons urged in support
			 of those answers.
3. Reasons for
			 requesting intervention and disclosure of the intervener's interest in the
			 outcome.
4. A statement indicating
			 whether the intervenor is currently a party to any proceeding involving the
			 questions at issue and whether, to the intervener's knowledge, those questions
			 have been decided by, are pending determination by, or are under investigation
			 by, any governmental entity.
5. The
			 names and addresses of any additional persons, or a description of any
			 additional class of persons, known by the intervenor to be affected by, or
			 interested in, the questions presented.
6. Whether the intervenor consents to be
			 bound by the determination of the matters presented in the declaratory order
			 proceeding.
The petition shall be dated and signed by the intervenor or the
				intervener's representative. It shall also include the name, mailing address,
				and telephone number of the intervenor and intervener's representative, and a
				statement indicating the person to whom communications should be
				directed.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.4 - Briefs

Current through Register Vol. 47, No. 3, July 24, 2024
The petitioner or any intervenor may file a brief in support of
				the position urged. The board may request a brief from the petitioner, any
				intervenor, or any other person concerning the questions
				raised.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
Inquiries concerning the status of a declaratory order
				proceeding may be made to the Iowa Board of Pharmacy, 400 S.W. Eighth Street,
				Suite E, Des Moines, Iowa 50309-4688.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
When service required.
Except where otherwise provided by law, every petition for declaratory order,
			 petition for intervention, brief, or other paper filed in a proceeding for a
			 declaratory order shall be served upon each of the parties of record to the
			 proceeding, and on all other persons identified in the petition for declaratory
			 order or petition for intervention as affected by or interested in the
			 questions presented, simultaneously with their filing. The party filing a
			 document is responsible for service on all parties and other affected or
			 interested persons.
(2)
Filing
-
when required.
All petitions for
			 declaratory orders, petitions for intervention, briefs, or other papers in a
			 proceeding for a declaratory order shall be filed with the Iowa Board of
			 Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa 50309-4688. All
			 petitions, briefs, or other papers that are required to be served upon a party
			 shall be filed simultaneously with the board.
(3)
Method of service, time of
			 filing, and proof of mailing.
Method of service, time of filing, and
			 proof of mailing shall be as provided by
			 657-35.17
			 (17A,272C).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.7 - Consideration

Current through Register Vol. 47, No. 3, July 24, 2024
Upon request by petitioner, the board shall schedule a brief
				and informal meeting between the original petitioner, all intervenors, and the
				board, a member of the board, or a member of the staff of the board, to discuss
				the questions raised. The board may solicit comments from any person on the
				questions raised. Also, comments on the questions raised may be submitted to
				the board by any person.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Within the time allowed by Iowa Code section
			 17A.9(5),
			 after receipt of a petition for a declaratory order, the board shall take
			 action on the petition as required by Iowa Code section
			 17A.9(5).
(2) The date of issuance of an order or of a
			 refusal to issue an order is as defined in
			 657-35.2
			 (17A,272C).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.9 - Refusal to Issue Order

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board shall not issue a declaratory order where prohibited by Iowa Code section
			 17A.9(1)
			  and may refuse to issue a declaratory order
			 on some or all questions raised for the following reasons:
1. The petition does not substantially comply
			 with the required form.
2. The
			 petition does not contain facts sufficient to demonstrate that the petitioner
			 will be aggrieved or adversely affected by the failure of the board to issue an
			 order.
3. The board does not have
			 jurisdiction over the questions presented in the petition.
4. The questions presented by the petition
			 are also presented in a current rule making, contested case, or other board or
			 judicial proceeding, that may definitively resolve them.
5. The questions presented by the petition
			 would more properly be resolved in a different type of proceeding or by another
			 body with jurisdiction over the matter.
6. The facts or questions presented in the
			 petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
			 basis upon which to issue an order.
7. There is no need to issue an order because
			 the questions raised in the petition have been settled due to a change in
			 circumstances.
8. The petition is
			 not based upon facts calculated to aid in the planning of future conduct but
			 is, instead, based solely upon prior conduct in an effort to establish the
			 effect of that conduct or to challenge a board decision already made.
9. The petition requests a declaratory order
			 that would necessarily determine the legal rights, duties, or responsibilities
			 of other persons who have not joined in the petition, intervened separately, or
			 filed a similar petition and whose position on the questions presented may
			 fairly be presumed to be adverse to that of petitioner.
10. The petitioner requests the board to
			 determine whether a statute is unconstitutional on its face.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.10 - Contents of Declaratory Order-effective Date

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to the order itself, a declaratory order shall
				contain the date of its issuance, the name of petitioner and all intervenors,
				the specific statutes, rules, policies, decisions, or orders involved, the
				particular facts upon which it is based, and the reasons for its conclusion. A
				declaratory order is effective on the date of issuance.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 27 - Declaratory Orders › Rule 657-27.12 - Effect of a Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
A declaratory order has the same status and binding effect as a
				final order issued in a contested case proceeding. It is binding on the board,
				the petitioner, and any intervenors and is applicable only in circumstances
				where the relevant facts and the law involved are indistinguishable from those
				on which the order was based. As to all other persons, a declaratory order
				serves only as precedent and is not binding on the board. The issuance of a
				declaratory order constitutes final board action on the
				petition.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.1 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
Except to the extent otherwise expressly provided by statute,
				all rules adopted by the board of pharmacy, hereinafter referred to as "board,"
				are subject to the provisions of Iowa Code chapter 17A, the Iowa administrative
				procedure Act, and the provisions of this chapter.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Administrative rules review committee"
or
"ARRC"
means a bipartisan standing committee composed of five
				senators and five representatives that meets on a regular basis for the purpose
				of selectively reviewing rules whether proposed or in effect.
"ARC"
means the governor's administrative
				rules coordinator.
"ARC number"
means the identification number
				assigned by the ARC to each rule making document.
"Iowa Administrative Bulletin"
or
"IAB"
is the official biweekly publication that contains the
				text or texts of notices of intended action and of all adopted rules.
"Notice of Intended Action"
means a published
				notice of the board's intent to adopt, amend, or rescind one or more rules
				pursuant to Iowa Code section
				17A.4(1).
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.3 - Solicitation of Comments Before Notice

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to seeking information by other methods, the board
				may, before publication of a Notice of Intended Action, solicit comments from
				the public on a subject matter of possible rule making by causing notice to be
				published in the Iowa Administrative Bulletin of the subject matter and
				indicating where, when, and how persons may comment.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.4 - Public Rule-making Docket

Current through Register Vol. 47, No. 3, July 24, 2024
Proposed rule making is made available for inspection and
				comment by the public through the websites identified in this rule.
(1)
Proposed rule making.
Each proposed rule making is published in the Iowa Administrative Bulletin and
			 can be found on the state's administrative rules website at rules.iowa.gov.
			 Each proposed rule making is identified by agency and by ARC number and shall
			 include information on the opportunity to directly submit public comments,
			 suggestions, and objections regarding the proposed rule making, including the
			 deadline for submission of such comments.
(2)
Rules tracker.
The
			 progress and current status of any proposed rule making may be viewed at
			 www.legis.iowa.gov/law/administrativerules/tracker.
(3)
Board notification of proposed
			 rule making.
Persons desiring to receive copies of future Notices of
			 Intended Action may subscribe on the board's website at
			 pharmacy.iowa.gov.
(4)
Public participation
-
written comments.
For at
			 least 20 days after publication of the Notice of Intended Action, persons may
			 submit written comments on the proposed rule. Such written submissions shall
			 identify the proposed rule to which they relate and shall be submitted to the
			 Iowa Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa
			 50309-4688; or to the person designated in the Notice of Intended
			 Action.
(5)
Public
			 participation
-
public hearings.
The board may, at any
			 time, schedule a public hearing in accordance with rule 657-28.4 (17A) on a
			 proposed rule. The board shall schedule a public hearing on a proposed rule if,
			 within 20 days after the published Notice of Intended Action, a written request
			 for an opportunity to make oral presentations is submitted to the board by the
			 ARRC, a governmental subdivision, an agency, an association having not less
			 than 25 members, or at least 25 persons. The request shall contain the
			 following information:
a. A request by one or
			 more individual persons shall include the printed name, signature, address,
			 telephone number, and email address of each person.
b. A request by an association shall contain
			 a statement that the association has at least 25 members and include the
			 printed name, signature, address, telephone number, and email address of an
			 officer or designee of the association.
c. A request by an agency or governmental
			 subdivision shall contain the printed name, signature, address, telephone
			 number, and email address of an official having authority to act on behalf of
			 the entity.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.6 - Regulatory Analyses

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definition of small business.
A "small business" is defined in
			 Iowa Code section
			 17A.4A(8)
			 "a."
(2)
Regulatory
			 analysis
-
economic impact.
The board shall issue a
			 regulatory analysis of a proposed board rule in response to a written request
			 from the ARC or the ARRC. The regulatory analysis shall conform to the
			 requirements of Iowa Code section
			 17A.4A.
(3)
Regulatory
			 analysis
-
business impact.
The board shall issue a
			 regulatory analysis of a proposed board rule in response to a written request
			 from one of the following. The regulatory analysis shall conform to the
			 requirements of Iowa Code section
			 17A.4A.
a. The administrative rules review
			 committee;
b. The administrative
			 rules coordinator;
c. At least 25
			 or more persons who sign the request provided that each represents a different
			 small business;
d. An organization
			 representing at least 25 small businesses. That organization shall list the
			 name, address, and telephone number of not less than 25 small businesses it
			 represents.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.7 - Fiscal Impact Statement

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 proposed rule that mandates additional combined expenditures exceeding $100,000
			 by all affected political subdivisions or agencies and entities which contract
			 with political subdivisions to provide services shall be accompanied by a
			 fiscal impact statement outlining the costs associated with the rule. A fiscal
			 impact statement shall satisfy the requirements of Iowa Code section
			 25B.6.
(2) If the board determines at the time it
			 adopts a rule that the fiscal impact statement upon which the rule is based
			 contains errors, the board shall, at the same time, issue a corrected fiscal
			 impact statement and publish the corrected fiscal impact statement in the Iowa
			 Administrative Bulletin.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.8 - Time and Manner of Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Time of adoption.
At
			 least 35 days following publication of a Notice of Intended Action, the board
			 may adopt a rule or terminate the rule making. Within 180 days after the date
			 of publication of the notice or the deadline for public comments, whichever is
			 later, the board shall adopt a rule or terminate the proceeding. Subsequent
			 actions shall be published in the Iowa Administrative Bulletin.
(2)
Consideration of public
			 comment.
Before the adoption of a rule, the board shall consider fully
			 all of the written submissions and oral submissions received in that
			 rule-making proceeding, or any memorandum summarizing such oral submissions,
			 and any regulatory analysis, jobs impact statement, or fiscal impact statement
			 issued in that rule-making proceeding.
(3)
Reliance on board
			 expertise.
Except as otherwise provided by law, the board may use its
			 own experience, technical competence, specialized knowledge, and judgment in
			 the adoption of a rule.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.9 - Variance Between Adopted Rule and Published Notice of Proposed Rule Adoption

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board shall not adopt a rule that differs from the rule proposed in the Notice
			 of Intended Action on which the rule is based unless:
a. The differences are within the scope of
			 the subject matter announced in the Notice of Intended Action and are in
			 character with the issues raised in that notice; and
b. The differences are a logical outgrowth of
			 the contents of that Notice of Intended Action and the comments submitted in
			 response thereto; and
c. The Notice
			 of Intended Action provided fair warning that the outcome of that rule-making
			 proceeding could be the rule in question.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.10 - Exemptions From Public Rule-making Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Emergency-adopted rule.
To the extent the board for good cause finds that public notice and
			 participation are unnecessary, impracticable, or contrary to the public
			 interest in the process of adopting a particular rule, and with the prior
			 approval of the ARRC and ARC, or if a statute so provides, the board may adopt
			 that rule without publishing advance Notice of Intended Action in the Iowa
			 Administrative Bulletin and without providing for written or oral public
			 submissions prior to its adoption. The board shall incorporate the required
			 finding and a brief statement of its supporting reasons in each rule adopted in
			 reliance upon this subrule.
(2)
Notice of emergency-adopted rule.
The board may, at any time,
			 begin a standard rule-making proceeding for the adoption of a rule that is
			 emergency-adopted without notice pursuant to subrule 28.10(1) and that is
			 identical or similar to a rule it adopts in reliance upon subrule 28.10(1).
			 After notice commenced pursuant to this subrule, the board may either readopt
			 the rule it emergency-adopted without benefit of all usual procedures on the
			 basis of subrule 28.10(1) or may take any other lawful action, including the
			 amendment or repeal of the rule in question, with whatever further proceedings
			 are appropriate.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
When requested by a person, either prior to the adoption of a
				rule or within 30 days after its publication in the Iowa Administrative
				Bulletin as an adopted rule, the board shall issue a concise statement of
				reasons for the rule pursuant to Iowa Code section
				17A.4(2).
				Requests for such a statement shall be in writing and be delivered to the Iowa
				Board of Pharmacy, 400 S.W. Eighth Street, Suite E, Des Moines, Iowa
				50309-4688. The request shall indicate whether the statement is sought for all
				or only a specified part of the rule. Requests will be considered made on the
				date received.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.13 - Board Rule-making Record

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirement.
The board
			 shall maintain an official rule-making record for each rule it proposes by
			 publication in the Iowa Administrative Bulletin of a Notice of Intended Action
			 or adopts. The rule-making record and materials incorporated by reference shall
			 be available for public inspection.
(2)
Contents.
The board
			 rule-making record shall contain:
a. Copies
			 of all publications in the Iowa Administrative Bulletin with respect to the
			 rule or the proceeding upon which the rule is based;
b. All written petitions, requests, and
			 submissions received by the board, and all other written materials of a factual
			 nature as distinguished from opinion that are relevant to the merits of the
			 rule and that were created or compiled by the board and considered by the
			 board, in connection with the formulation, proposal, or adoption of the rule or
			 the proceeding upon which the rule is based, except to the extent the board is
			 authorized by law to keep them confidential; provided, however, that when any
			 such materials are deleted because they are authorized by law to be kept
			 confidential, the board shall identify in the record the particular materials
			 deleted and state the reasons for that deletion;
c. Any official transcript of oral
			 presentations made in the proceeding upon which the rule is based or, if not
			 transcribed, the stenographic record or electronic recording of those
			 presentations, and any memorandum prepared by a presiding officer summarizing
			 the contents of those presentations;
d. A copy of any regulatory analysis or
			 fiscal impact statement;
e. A copy
			 of the rule and any concise statement of reasons prepared for that
			 rule;
f. All petitions for amendment
			 of, or repeal or suspension of, the rule;
g. A copy of any objection to the rule filed
			 by the administrative rules review committee, the governor, or the attorney
			 general pursuant to Iowa Code section
			 17A.4(6),
			 and any board response to that objection;
h. A copy of any significant written
			 criticism of the rule, including a summary of any petitions for waiver of the
			 rule; and
i. A copy of any
			 executive order concerning the rule.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.14 - Filing of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall file each rule the board adopts with the office
				of the administrative rules coordinator. The filing shall be executed as soon
				after adoption of the rule as is practicable. In filing a rule, the board shall
				use the standard form prescribed by the administrative rules
				coordinator.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.15 - Effectiveness of Rules Prior to Publication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Grounds.
The board may
			 make a rule effective after its filing at any stated time prior to 35 days
			 after its indexing and publication in the Iowa Administrative Bulletin if it
			 finds that a statute so provides, the rule confers a benefit or removes a
			 restriction on some segment of the public, or that the effective date of the
			 rule is necessary to avoid imminent peril to the public health, safety, or
			 welfare. The board shall incorporate the required finding and a brief statement
			 of its supporting reasons in each rule adopted in reliance upon this
			 subrule.
(2)
Special
			 notice.
When the board makes a rule effective prior to its indexing
			 and publication in reliance upon the provisions of Iowa Code section
			 17A.5(2)
"b,"
the board shall employ all reasonable efforts to make its
			 contents known to the persons who may be affected by that rule prior to the
			 rule's indexing and publication. The term "all reasonable efforts" requires the
			 board to employ the most effective and prompt means of notice rationally
			 calculated to inform potentially affected parties of the effectiveness of the
			 rule that is justified and practical under the circumstances considering the
			 various alternatives available for this purpose, the comparative costs to the
			 board of utilizing each of those alternatives, and the harm suffered by
			 affected persons from any lack of notice concerning the contents of the rule
			 prior to its indexing and publication.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 28 - Agency Procedure for Rule Making › Rule 657-28.16 - Review by Board of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
Over each five-year period of time beginning July 1,2012, the
				board shall conduct an ongoing and comprehensive review of all the board's
				rules pursuant to Iowa Code section
				17A.7(2).
				The purpose of the review is to identify and eliminate all rules that are
				outdated, redundant, or inconsistent or incompatible with statute, other board
				rules, or rules of other agencies. When the board's five-year review of its
				rules is completed, the board shall summarize the results and provide the
				summary to the ARC and the ARRC.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 29 - Sales of Goods and Services › Rule 657-29.1 - Selling of Goods or Services by Members of the Board

Current through Register Vol. 47, No. 3, July 24, 2024
The board members shall not sell, either directly or
				indirectly, any goods or services to individuals, associations, or corporations
				that are subject to the regulatory authority of the board of pharmacy except as
				authorized by these rules.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 29 - Sales of Goods and Services › Rule 657-29.2 - Conditions of Consent for Board Members

Current through Register Vol. 47, No. 3, July 24, 2024
Consent shall be given by a majority of the members of the
				board. Consent shall not be given to a board member to sell goods or services
				to an individual, association, or corporation regulated by the board unless all
				of the following conditions are met:
(1) The board member requesting consent does
			 not have authority to determine whether consent should be given.
(2) The board member's duties or functions
			 are not related to the board's regulatory authority over the individual,
			 association, or corporation to whom the goods and services are being sold, or
			 the selling of the good or service does not affect the board member's duties or
			 functions.
(3) The selling of the
			 good or service does not include acting as an advocate on behalf of the
			 individual, association, or corporation to the board.
(4) The selling of the good or service does
			 not result in the board member selling a good or service to the board on behalf
			 of the individual, association, or corporation.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 29 - Sales of Goods and Services › Rule 657-29.3 - Authorized Sales

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 member of the board may sell goods or services to any individual, association,
			 or corporation regulated by any division within the department of public
			 health, other than the board of pharmacy. This consent is granted because the
			 sale of such goods or services does not affect the board member's duties or
			 functions on the board.
(2) A
			 member of the board may sell goods or services to any individual, association,
			 or corporation regulated by the board of pharmacy if those goods or services
			 are routinely provided to the public as part of that person's regular
			 professional practice. This consent is granted because the sale of such goods
			 or services does not affect the board member's duties or functions on the
			 board. In the event an individual, association, or corporation to whom a board
			 member sells goods or services is directly involved in any matter pending
			 before the board, including a disciplinary matter, that board member shall not
			 participate in any deliberation or decision concerning that matter. In the
			 event a complaint is filed with the board concerning the services provided by
			 the board member to a member of the public, that board member is otherwise
			 prohibited by law from participating in any discussion or decision by the board
			 in that case.
(3) Individual
			 application and approval are not required for the sales authorized by this rule
			 unless there are unique facts surrounding a particular sale which would cause
			 the sale to affect the board member's duties or functions, would give the buyer
			 an advantage in dealing with the board, or would otherwise present a conflict
			 of interest.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 29 - Sales of Goods and Services › Rule 657-29.4 - Application for Consent

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to selling a good or service to an individual,
				association, or corporation subject to the regulatory authority of the board of
				pharmacy, a board member must obtain prior written consent unless the sale is
				specifically allowed in rule
				657-29.3 (68B).
				The request for consent must be in writing, signed by the board member
				requesting consent. The application must provide a clear statement of all
				relevant facts concerning the sale. The application should identify the parties
				to the sale and the amount of compensation. The application should also explain
				why the sale should be allowed.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 29 - Sales of Goods and Services › Rule 657-29.5 - Limitation of Consent

Current through Register Vol. 47, No. 3, July 24, 2024
Consent shall be in writing and shall be valid only for the
				activities and the time period specifically described in the consent. Consent
				can be revoked at any time by a majority vote of the members of the board upon
				written notice to the board member. A consent provided under these rules does
				not constitute authorization for any activity which is a conflict of interest
				under common law or which would violate any other statute or rule.
It is the responsibility of the board member requesting consent
				to ensure compliance with all other applicable laws and
				rules.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.1 - Iowa Monitoring Program for Pharmacy Professionals Committee

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the authority of Iowa Code section
				272C.3(1)
"k,"
the board establishes the committee for the Iowa
				monitoring program for pharmacy professionals. The purpose of the committee is
				to provide a program to support the evaluation and monitoring of licensees who
				are impaired as a result of alcohol or drug abuse, dependency, or addiction, or
				by any mental or physical disorder or disability, while protecting the health,
				safety and welfare of the public.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of these rules, the following definitions shall
				apply:
"Board"
means the Iowa board of
				pharmacy.
"Committee"
means the Iowa monitoring program
				for pharmacy professionals committee.
"Contract"
means the written document executed
				by an applicant or licensee and the committee after the committee receives a
				report from an approved treatment provider, which establishes the terms for
				participation in the program.
"Impairment"
means an inability, or
				significant potential for inability, to practice with reasonable safety and
				skill as a result of a diagnosed substance use disorder or any diagnosed mental
				or physical health condition.
"Initial agreement"
means the written document
				establishing the initial terms for participation in the program.
"licensee"
means a pharmacist licensed by the
				board, a pharmacist-intern registered with the board, or a pharmacy technician
				registered with the board.
"Participant"
means an applicant or licensee
				who does any of the following: self-reports an impairment to the program, is
				referred to the program by the board, signs an initial agreement with the
				committee, or signs a contract with the committee.
"Program"
means the Iowa monitoring program
				for pharmacy professionals.
"Self-report"
means that an applicant or
				licensee provides written notification to the program that the applicant or
				licensee has been, is, or may be impaired. Information related to impairment or
				a potential impairment which is provided on a license application or renewal
				form may be considered a self-report.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.3 - Organization of the Committee

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall appoint the members of the Iowa monitoring
				program for pharmacy professionals committee.
(1)
Membership.
The
			 membership of the committee includes, but is not limited to:
a. The executive director of the board or the
			 director's designee from board staff;
b. One representative from the Drake
			 University College of Pharmacy and Health Sciences;
c. One representative from the University of
			 Iowa College of Pharmacy;
d. One
			 board of pharmacy licensee who has maintained sobriety for a period of no less
			 than two years following successful completion of a recovery program;
e. One health care professional with
			 expertise in substance use disorders;
f. One health care professional with
			 expertise in mental health; and
g.
			 One public member.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.4 - Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Self-report.
An applicant or a licensee shall self-report an
			 impairment or potential impairment directly to the program.
(2)
Board referral.
The
			 board may refer an applicant or licensee to the program if a complaint or
			 investigation reveals an impairment or potential impairment and the board
			 determines that the applicant or licensee is an appropriate candidate for
			 review by the committee. The board may refer a licensee to the program in a
			 public disciplinary order or other public order.
(3)
Review by the committee.
The committee will determine on a case-by-case basis whether an applicant or
			 licensee who self-reports or is referred by the board is an appropriate
			 candidate for participation in the program. Several factors may lead to the
			 committee's determination that an applicant or licensee is ineligible to
			 participate in the program, including but not limited to if the committee finds
			 sufficient evidence that the applicant or licensee:
a. Diverted drugs for distribution to third
			 parties or for personal profit;
b.
			 Adulterated, misbranded, or otherwise tampered with drugs intended for a
			 patient;
c. Provided inaccurate,
			 misleading, or fraudulent information or failed to fully cooperate with the
			 committee;
d. Participated in the
			 program, or a similar program offered by another state, without success;
			 or
e. Failed to sign an initial
			 agreement or a contract when offered by the committee.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.5 - Terms of Participation

Current through Register Vol. 47, No. 3, July 24, 2024
A participant shall agree to comply with the program terms of
				participation established in the initial agreement and the contract.
				Participants will be responsible for all expenses incurred to comply with the
				terms imposed by the program. Terms of participation specified in the contract
				shall include, but not be limited to:
(1)
Duration.
The length of
			 time a participant may participate in the program shall be determined by the
			 committee in accordance with the following:
a.
			 Participation in the program for participants impaired as a result of a
			 substance use disorder is set at a minimum of three years. The committee may
			 offer a contract with a shorter duration to a participant who can demonstrate
			 successful participation in another state's monitoring program, who can
			 document similar experience, or who, as a board referral, has successfully
			 completed a portion of the monitoring period established in the board
			 order.
b. Length of participation
			 in the program for participants with impairments resulting from mental or
			 physical conditions will vary depending upon the recommendations provided by
			 health care providers and the determination of the committee following review
			 of all relevant information.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.6 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
Information in the possession of the board or the committee
				shall be subject to the confidentiality requirements of Iowa Code section
				272C.6. Information about participants in the program shall not be disclosed
				except as provided in this rule.
(1)
			 The committee is authorized, pursuant to Iowa Code section
			 272C.6
			 (4), to communicate information about a current or former program participant
			 to the applicable regulatory authorities or licensee monitoring programs in the
			 state of Iowa and in any jurisdiction of the United States or foreign nations
			 in which the participant is currently licensed or in which the participant
			 seeks licensure. Program participants must report their participation to the
			 applicable monitoring program or licensing authority in any state in which the
			 participant is currently licensed or in which the participant seeks licensure.
(2) The committee is authorized to
			 communicate information about a program participant to any person assisting in
			 the participant's treatment, recovery, rehabilitation, monitoring, or
			 maintenance for the duration of the contract.
(3) The committee is authorized to
			 communicate information about a program participant to the board in the event a
			 participant does not comply with the terms of the contract as set forth in rule
			 657-30.5(272C). The committee may provide the board with a participant's
			 program file in the event the participant does not comply with the terms of the
			 contract and the committee refers the case to the board for the filing of
			 formal disciplinary charges or other appropriate action. If the board initiates
			 disciplinary action against a licensee for noncompliance with the terms of the
			 contract, the board may include in the public disciplinary documents
			 information about a licensee's participation in the program. The committee is
			 also authorized to communicate information about a participant to the board in
			 the event that the participant is under investigation by the board.
(4) The committee is authorized to
			 communicate information about a current or former program participant to the
			 board if reliable information held by the committee reasonably indicates that a
			 significant risk to the public exists. If the board initiates disciplinary
			 action based upon this information, the board may include in the public
			 disciplinary documents information about a licensee's participation if
			 necessary to address impairment issues related to the violations which are the
			 subject of the disciplinary action.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.7 - Authority for 28e Agreements

Current through Register Vol. 47, No. 3, July 24, 2024
The committee may enter into 28E agreements with other health
				professional licensing boards to evaluate, assist, and monitor impaired
				licensees from other health professions who self-report and to report to those
				professional licensing boards regarding the compliance of individual licensees.
				In the event of noncompliance, the licensee may be referred to the appropriate
				licensing board for appropriate disciplinary action.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 30 - Iowa Monitoring Program for Pharmacy Professionals › Rule 657-30.8 - Program Funds

Current through Register Vol. 47, No. 3, July 24, 2024
The board may assess a surcharge of no more than 10 percent to
				a pharmacist license fee, a pharmacist license renewal fee, a pharmacist-intern
				registration fee, a pharmacy technician registration fee, and a pharmacy
				technician registration renewal fee to fund programs under this chapter
				Effective January 16, 2013, no surcharge is assessed on any of these licenses
				or registrations. The board may accept funds made available by the federal or
				state government, including fees retained by the board pursuant to Iowa Code
				section
				147.82, or by
				another public or private source to be used for such programs. Surcharges and
				funds collected pursuant to this rule shall be delivered to the state
				treasurer, shall be deposited in a fund separate from the state general fund,
				and shall be used exclusively to administer programs under this chapter
				Expenses that may be paid from this fund include costs associated with the
				provision of education, intervention, posttreatment monitoring for program
				participants, and administrative costs incurred by the board, but shall not
				include costs incurred for a participant's evaluation, referral services,
				treatment, or rehabilitation.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 31 - Criminal Convictions › Rule 657-31.1 - Purpose and Scope

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to establish the process by
				which an individual's criminal history is utilized by the board in a
				determination of eligibility for licensure or registration and in licensing and
				registration decisions. This chapter applies to individuals who are seeking
				licensure or registration with the board and individuals who are seeking a
				licensure or registration eligibility determination from the board based on
				their prior criminal convictions.
Iowa Administrative Code › Agency 657 - Pharmacy Board › Chapter 31 - Criminal Convictions › Rule 657-31.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
For the purpose of this chapter, the following definitions
				shall apply:
"Board"
means the Iowa board of
				pharmacy.
"Complete criminal record"
includes the
				complaint and judgment of conviction for each offense of which the applicant
				has been convicted, regardless of whether the offense is classified as a felony
				or a misdemeanor, and regardless of the jurisdiction in which the offense
				occurred.
"Conviction"
means a finding, plea, or verdict
				of guilt made or returned in a criminal proceeding, even if the adjudication of
				guilt is deferred, withheld, or not entered. "Conviction" includes Alford pleas
				and pleas of nolo contendere.
"Disqualifying offense"
means a conviction
				directly related to the duties and responsibilities of the practice of
				pharmacy. A conviction is directly related to the duties and responsibilities
				of the practice of pharmacy if either (1) the actions taken in furtherance of
				an offense are actions customarily performed within the scope of pharmacy
				practice, or (2) the circumstances under which an offense was committed are
				circumstances customary to licensed pharmacy personnel.
"License"
means any license or registration
				issued by the board to an individual.