Section 155A.4. Prohibition against unlicensed persons dispensing or distributing prescription drugs — exceptions.  


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  •   1.  A person shall not dispense prescription drugs unless that person is a licensed pharmacist or is authorized by section 147.107 to dispense or distribute prescription drugs.

      2.  Notwithstanding subsection 1, it is not unlawful for:

      a.  A wholesaler to distribute prescription drugs or devices as provided by state or federal law.

      b.  A practitioner, licensed by the appropriate state board, to dispense prescription drugs to patients as incident to the practice of the profession, except with respect to the operation of a pharmacy for the retailing of prescription drugs.

      c.  A practitioner, licensed by the appropriate state board, to administer drugs to patients. This chapter does not prevent a practitioner from delegating the administration of a prescription drug to a nurse, intern, or other qualified individual or, in the case of a veterinarian, to an orderly or assistant, under the practitioner’s direction and supervision.

      d.  A person to sell at retail a proprietary medicine, an insecticide, a fungicide, or a chemical used in the arts, if properly labeled.

      e.  A person to procure prescription drugs for lawful research, teaching, or testing and not for resale.

      f.  A pharmacy to distribute a prescription drug to another pharmacy or to a practitioner.

      g.  A qualified individual authorized to administer prescription drugs and employed by a home health agency or hospice to obtain, possess, and transport emergency prescription drugs as provided by state or federal law or by rules of the board.

      h.  A limited drug and device distributor, licensed by the board, to distribute limited noncontrolled prescription drugs, prescription devices, and medical gases, to patients in this state pursuant to rules adopted by the board.

    87 Acts, ch 215, §4

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    97 Acts, ch 39, §1

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    2005 Acts, ch 179, §178

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    2007 Acts, ch 19, §3