ARC 8424C

ARC 8424C

Proposing rulemaking related to board of pharmacy operations
and providing an opportunity for public comment

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on August 7, 2024. A public hearing was held on the following date(s):

●August 29, 2024

Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs.

ITEM 1.Adopt the following new481—Chapter 557:

CHAPTER 557

BOARD OF PHARMACY OPERATIONS

481—557.1(17A,147,155A,272C) Board of pharmacy operations.

557.1(1) Authority. The board’s authority for regulating the practice of pharmacy and the legal distribution and dispensing of prescription drugs and devices, including controlled substances, in the state of Iowa is found in Iowa Code chapters 124, 124B, 126, 147, 155A, 205 and 272C.

557.1(2) Responsibilities. The responsibilities of the board include but are not limited to:

a.Licensing of individuals. Licensing or registering qualified individuals in the practice of pharmacy and the handling or prescribing of controlled substances.

b.Licensing of practice locations. Licensing or registering authorized entities engaged in the legal distribution or dispensing of prescription drugs, devices and controlled substances within or into Iowa.

c.Conducting compliance inspections, audits and investigations of any persons or entities licensed or registered with the board.

d.Instituting disciplinary actions, hearing contested cases, issuing decisions and orders, and enforcing the terms of filed disciplinary orders.

557.1(3) Meetings. All meetings of the board will be open to the public except as authorized by the Iowa Code. Meeting notices will be routinely posted on the department of inspections, appeals, and licensing’s website.

557.1(4) Administrative fees. The following nonrefundable fees will be assessed for the following administrative services:

a.Written license or registration verification: $15.

b.Provision of licensee data files: variable, $35 minimum.

c.Returned payment: $20.

d.Original pharmacist license certificate: $20.

e.Certification of pharmacist-intern internship hours: $15.

f.Petition for eligibility determination: $25.

557.1(5) Overpayment of fees. Payment for any administrative service or license fee in excess of the required fee amount of $10 or less will not be refunded.

557.1(6) Adoption of agency rules by reference. The board adopts by reference the following rules of the department:

a.Public records and fair information practices as found in 481—Chapter 5.

b.Petitions for rulemaking as found in 481—Chapter 2.

c.Declaratory orders as found in 481—Chapter 3.

d.Agency procedure for rulemaking as found in 481—Chapter 4.

e.Sales of goods and services as found in rule 481—1.12(10A,68B).

f.Licensee review committee as found in 481—Chapter 505.

g.Waivers as found in 481—Chapter 6.

This rule is intended to implement Iowa Code chapters 17A, 21, 124, 124B, 155A and 272C and section 147.80.