155A.13 - PHARMACY LICENSE.

        155A.13  PHARMACY LICENSE.
         1.  A person shall not establish, conduct, or maintain a pharmacy
      in this state without a license.  The license shall be identified as
      a pharmacy license.  A pharmacy license issued pursuant to subsection
      4 may be further identified as a hospital pharmacy license.
         2.  The board shall specify by rule the licensing procedures to be
      followed, including specifications of forms for use in applying for a
      pharmacy license and fees for filing an application.
         3.  The board may issue a special or limited-use pharmacy license
      based upon special conditions of use imposed pursuant to rules
      adopted by the board for cases in which the board determines that
      certain requirements may be waived.
         4. a.  The board shall adopt rules for the issuance of a
      hospital pharmacy license to a hospital which provides pharmacy
      services for its own use.  The rules shall:
         (1)  Recognize the special needs and circumstances of hospital
      pharmacies.
         (2)  Give due consideration to the scope of pharmacy services that
      the hospital's medical staff and governing board elect to provide for
      the hospital's own use.
         (3)  Consider the size, location, personnel, and financial needs
      of the hospital.
         (4)  Give recognition to the standards of the joint commission on
      the accreditation of health care organizations and the American
      osteopathic association and to the conditions of participation under
      Medicare.
         b.  To the maximum extent possible, the board shall coordinate
      the rules with the standards and conditions described in paragraph
      "a", subparagraph (4), and shall coordinate its inspections of
      hospital pharmacies with the Medicare surveys of the department of
      inspections and appeals and with the board's inspections with respect
      to controlled substances conducted under contract with the federal
      government.
         c.  A hospital which provides pharmacy services by contracting
      with a licensed pharmacy is not required to obtain a hospital
      pharmacy license or a general pharmacy license.
         5.  A hospital which elects to operate a pharmacy for other than
      its own use is subject to the requirements for a general pharmacy
      license.  If the hospital's pharmacy services for other than its own
      use are special or limited, the board may issue a special or
      limited-use pharmacy license pursuant to subsection 3.
         6.  To qualify for a pharmacy license, the applicant shall submit
      to the board a license fee as determined by the board and a completed
      application on a form prescribed by the board.  The application shall
      include the following and such other information as required by rules
      of the board and shall be given under oath:
         a.  Ownership.
         b.  Location.
         c.  The license number of each pharmacist employed by the
      pharmacy at the time of application.
         d.  The trade or corporate name of the pharmacy.
         e.  The name of the pharmacist in charge, who has the
      authority and responsibility for the pharmacy's compliance with laws
      and rules pertaining to the practice of pharmacy.
         7.  A person who falsely makes the affidavit prescribed in
      subsection 6 is subject to all penalties prescribed for making a
      false affidavit.
         8.  A pharmacy license issued by the board under this chapter
      shall be issued in the name of the pharmacist in charge and is not
      transferable or assignable.
         9.  The board shall specify by rule minimum standards for
      professional responsibility in the conduct of a pharmacy.
         10.  A separate license is required for each principal place of
      practice.
         11.  The license of the pharmacy shall be displayed.  
         Section History: Recent Form
         87 Acts, ch 215, § 13; 98 Acts, ch 1100, §20; 2005 Acts, ch 179,
      §179; 2009 Acts, ch 41, §195
         Referred to in § 155A.13B, 155A.15