155A.13B - PHARMACY INTERNET SITES. - Iowa Statutes

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