155A.13B - PHARMACY INTERNET SITES.

        155A.13B  PHARMACY INTERNET SITES.
         1.  As used in this section:
         a.  "Electronic mail" means any message transmitted through
      the internet including but not limited to messages transmitted from
      or to any address affiliated with an internet site.
         b.  "Internet broker" means an entity that serves as an agent
      or intermediary or other capacity that causes the internet to be used
      to bring together a buyer and seller.
         c.  "Internet sale" means a transaction, initiated via an
      internet site, that includes the order of and the payment for a
      prescription drug product.
         2.  A pharmacy operating within or outside this state shall not
      sell, dispense, distribute, deliver, or participate in the sale,
      dispensing, distribution, or delivery of any prescription drug to any
      patient in this state through an internet site or by electronic mail
      unless all of the following are met:
         a.  All internet sites and electronic mail used by the
      pharmacy for purposes of sales or delivery of a prescription-only
      drug are in compliance with all requirements of federal law
      applicable to the site or electronic mail.
         b. (1)  The pharmacy that sells, dispenses, distributes, or
      delivers the prescription-only drugs is in compliance with all
      requirements of relevant state law.
         (2)  The pharmacy is properly licensed and regulated by the board
      to operate a pharmacy pursuant to section 155A.13 or 155A.13A.
         c.  The pharmacist who fills the prescription drug order is
      not in violation of subsection 4.
         d. (1)  The pharmacy is not in violation of subsection 6.
         (2)  The pharmacy is in compliance with an Iowa prescription drug
      monitoring program if an Iowa prescription drug monitoring program
      exists and the pharmacy is subject to reporting or other requirements
      of the program.
         3.  A practitioner who writes a prescription drug order through an
      internet site or electronic mail for a patient physically located in
      this state must be licensed by the applicable licensing authority and
      in compliance with all applicable laws.
         4.  A pharmacist practicing within or outside this state shall not
      fill a prescription drug order to dispense a prescription drug to a
      patient if the pharmacist knows or reasonably should have known under
      the circumstances that the prescription drug order was issued under
      both of the following:
         a.  Solely on the basis of an internet questionnaire, an
      internet consultation, or a telephonic consultation.
         b.  Without a valid patient-practitioner relationship.
         5.  An internet broker operating within or outside this state may
      participate in the sale of a prescription drug in this state only if
      the internet broker knows that the pharmacist who dispenses the drug
      is not in violation of subsection 4.
         6.  A pharmacy shall not sell, dispense, distribute, deliver, or
      participate in the sale, dispensing, distribution, or delivery of any
      prescription-only drug to a consumer in this state if any part of the
      transaction was conducted through an internet site unless the
      internet site displays in a clear and conspicuous manner all of the
      following:
         a.  The name of the pharmacy.
         b.  The address of the licensed physical location of the
      pharmacy.
         c.  The telephone number of the pharmacy.
         d.  The license number issued by the board to the pharmacy.
         e.  The certification issued by the national association of
      boards of pharmacy identifying the pharmacy as a verified internet
      pharmacy practice sites site, the verified internet pharmacy practice
      site's seal, and a link to the national association of boards of
      pharmacy's verification site, except that verified internet pharmacy
      practice sites certification shall not be required of a pharmacy that
      utilizes an internet site for the convenience of a patient to request
      a prescription refill or to request or retrieve drug information but
      requires that the filled prescription be delivered to the patient at
      the licensed physical location of the pharmacy.
         f.  The internet site registration number issued by the board.

         7.  A pharmacy that sells, dispenses, distributes, delivers,
      prescribes, or participates in the sale, dispensing, distribution, or
      delivery of any prescription drug to any patient in this state, if
      the patient submitted the purchase order for the prescription drug
      through an internet site or by electronic mail, shall not disclaim,
      limit, or waive any liability to which the pharmacy otherwise is
      subject under law for the act or practice of selling, dispensing,
      distributing, or delivering prescription drugs.
         8.  A disclaimer, limitation, or waiver in violation of this
      section is void.
         9.  An attempt to make a disclaimer, limitation, or waiver in
      violation of this section is a violation of this chapter.
         10.  For purposes of this section, the board shall adopt rules in
      accordance with chapter 17A on matters pertaining to internet site
      registration, application, forms, renewals, fees, termination of
      registration, and any other relevant matters.  
         Section History: Recent Form
         2009 Acts, ch 69, §4