ARC 6941C

ARC 6941C

MEDICINE BOARD[653]

Adopted and Filed

Rule making related to bronchodilator canisters, bronchodilator

canisters and spacers, and opioid antagonists

The Board of Medicine hereby amends Chapter 13, "Standards of Practice and Principles of Medical Ethics," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 147.76.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 280.16 and 280.16A and 2022 Iowa Acts, House File 771.

Purpose and Summary

On June 14, 2022, House File 771 was signed into law. The law included bronchodilator canisters, bronchodilator canisters and spacers, and opioid antagonists among those medications and devices that may be prescribed in the name of a "facility" as defined in Iowa Code section 135.185(1), school district, or accredited nonpublic school. This rule making updates rule 653—13.12(135,147,148,272C,280) to conform to the legislation.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on November 30, 2022, as ARC 6694C. The Board received a comment from the American Lung Association in support of the rule making. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on January 27, 2023.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 653—Chapter 3.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on April 12, 2023.

The following rule-making action is adopted:

Amend rule 653—13.12(135,147,148,272C,280) as follows:

653—13.12(135,147,148,272C,280) Standards of practice—prescribing epinephrine auto-injectors, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility.

13.12(1) Definitions Definition. For purposes of this rule:

"Authorized facility" means any nonpublic school which is accredited pursuant to Iowa Code section 256.11, any school directly supported in whole or in part by taxation, a food establishment as defined in Iowa Code section 137F.1, a carnival as defined in Iowa Code section 88A.1, a recreational camp, a youth sports facility, or a sports area a facility as defined in Iowa Code section 135.185(1), a school district, or an accredited nonpublic school.

"Epinephrine auto-injector" means a device for immediate self-administration or administration by another trained person of a measured dose of epinephrine to a person at risk of anaphylaxis.

"Physician" means a person licensed pursuant to Iowa Code chapter 148 to practice medicine and surgery or osteopathic medicine and surgery.

13.12(2) Notwithstanding any other provision of law to the contrary, a physician may prescribe epinephrine auto-injectors , bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility to be maintained for use pursuant to Iowa Code sections 135.185, 135.190, 280.16 and 280.16A.

13.12(3) A physician who prescribes epinephrine auto-injectors , bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists in the name of an authorized facility to be maintained for use pursuant to Iowa Code sections 135.185, 135.190, 280.16 and 280.16A, provided the physician has acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an epinephrine auto-injector, bronchodilator canisters, bronchodilator canisters and spacers, or opioid antagonists.

[Filed 2/15/23, effective 4/12/23]

[Published 3/8/23]

Editor's Note: For replacement pages for IAC, see IAC Supplement 3/8/23.