1. A person shall not perform or cause the performance of or aid and abet any of the following acts:

 a. Obtaining or attempting to obtain a prescription drug or device or procuring or attempting to procure the administration of a prescription drug or device by:

 (1) Engaging in fraud, deceit, misrepresentation, or subterfuge.
 (2) Forging or altering a written, electronic, or facsimile prescription or any written, electronic, or facsimile order.
 (3) Concealing a material fact.
 (4) Using a false name or giving a false address.
 b. Willfully making a false statement in any prescription, report, or record required by this chapter.
 c. For the purpose of obtaining a prescription drug or device, falsely assuming the title of or claiming to be a manufacturer, wholesaler, pharmacist, pharmacy owner, physician, dentist, podiatric physician, prescribing psychologist, veterinarian, or other authorized person.
 d. Making or uttering any false or forged oral, written, electronic, or facsimile prescription or oral, written, electronic, or facsimile order.
 e. Forging, counterfeiting, simulating, or falsely representing any drug or device without the authority of the manufacturer, or using any mark, stamp, tag, label, or other identification device without the authorization of the manufacturer.
 f. Manufacturing, repackaging, selling, delivering, or holding or offering for sale any drug or device that is adulterated, misbranded, counterfeit, suspected of being counterfeit, or that has otherwise been rendered unfit for distribution.
 g. Adulterating, misbranding, or counterfeiting any drug or device.
 h. Receiving any drug or device that is adulterated, misbranded, stolen, obtained by fraud or deceit, counterfeit, or suspected of being counterfeit, and delivering or proffering delivery of such drug or device for pay or otherwise.
 i. Adulterating, mutilating, destroying, obliterating, or removing the whole or any part of the labeling of a drug or device or committing any other act with respect to a drug or device that results in the drug or device being misbranded.
 j. Purchasing or receiving a drug or device from a person who is not licensed to distribute the drug or device to that purchaser or recipient.
 k. Selling or transferring a drug or device to a person who is not authorized under the law of the jurisdiction in which the person receives the drug or device to purchase or possess the drug or device from the person selling or transferring the drug or device.
 l. Failing to maintain or provide records as required by this chapter, chapter 124, or rules of the board.
 m. Providing the board or any of its representatives or any state or federal official with false or fraudulent records or making false or fraudulent statements regarding any matter within the scope of this chapter, chapter 124, or rules of the board.
 n. Distributing at wholesale any drug or device that meets any of the following conditions:

 (1) The drug or device was purchased by a public or private hospital or other health care entity.
 (2) The drug or device was donated or supplied at a reduced price to a charitable organization.
 (3) The drug or device was purchased from a person not licensed to distribute the drug or device.
 (4) The drug or device was stolen or obtained by fraud or deceit.
 o. Failing to obtain a license or operating without a valid license when a license is required pursuant to this chapter or chapter 147.
 p. Engaging in misrepresentation or fraud in the distribution of a drug or device.
 q. Distributing a drug or device to a patient without a prescription drug order or medication order from a practitioner licensed by law to use or prescribe the drug or device.
 r. Distributing a drug or device that was previously dispensed by a pharmacy or distributed by a practitioner except as provided by rules of the board.
 s. Failing to report any prohibited act.

Terms Used In Iowa Code 155A.23

  • Board: means the board of pharmacy. See Iowa Code 155A.3
  • delivery: means the actual, constructive, or attempted transfer of a prescription drug or device or controlled substance from one person to another, whether or not for a consideration. See Iowa Code 155A.3
  • Device: means a medical device, as classified by the United States food and drug administration, intended for use by a patient that is required by the United States food and drug administration to be ordered or prescribed for a patient by a practitioner. See Iowa Code 155A.3
  • Distribute: means the delivery of a prescription drug or device. See Iowa Code 155A.3
  • drug: means a drug, as classified by the United States food and drug administration, that is required by the United States food and drug administration to be prescribed or administered to a patient by a practitioner prior to dispensation. See Iowa Code 155A.3
  • facsimile prescription: means an order or prescription which is transmitted by a device which sends an exact image to the receiver. See Iowa Code 155A.3
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Label: means written, printed, or graphic matter on the immediate container of a drug or device. See Iowa Code 155A.3
  • Labeling: means the process of preparing and affixing a label including information required by federal or state law or regulation to a drug or device container. See Iowa Code 155A.3
  • License: means a license issued by the state under this chapter to a hearing aid specialist. See Iowa Code 154A.1
  • Manufacturer: means manufacturer as defined by the federal Drug Supply Chain Security Act, 21 U. See Iowa Code 155A.3
  • Medication order: means a written order from a practitioner or an oral order from a practitioner or the practitioner's authorized agent for administration of a drug or device. See Iowa Code 155A.3
  • Person: means a natural person. See Iowa Code 154A.1
  • Pharmacist: means a person licensed by the board to practice pharmacy. See Iowa Code 155A.3
  • Pharmacy: means a location where prescription drugs are compounded, dispensed, or sold by a pharmacist and where prescription drug orders are received or processed in accordance with the pharmacy laws. See Iowa Code 155A.3
  • Practitioner: means a physician, dentist, podiatric physician, prescribing psychologist, veterinarian, optometrist, physician assistant, advanced registered nurse practitioner, or other person licensed or registered to prescribe, distribute, or dispense a prescription drug or device in the course of professional practice in this state or a person licensed by another state in a health field in which, under Iowa law, licensees in this state may legally prescribe drugs. See Iowa Code 155A.3
  • Prescription drug order: means a written, electronic, or facsimile order from a practitioner or an oral order from a practitioner or the practitioner's authorized agent who communicates the practitioner's instructions for a prescription drug or device to be dispensed. See Iowa Code 155A.3
  • State: means a state, territory, or possession of the United States, the District of Columbia, or the Commonwealth of Puerto Rico. See Iowa Code 152E.3
  • Wholesale distribution: means the distribution of a drug to a person other than a consumer or patient, or the receipt of a drug by a person other than a consumer or patient, but does not include any of the following:
     a. See Iowa Code 155A.3
 2. Information communicated to a physician in an unlawful effort to procure a prescription drug or device or to procure the administration of a prescription drug shall not be deemed a privileged communication.
 3. Subsection 1, paragraphs “f” and “g”, shall not apply to the wholesale distribution by a manufacturer of a prescription drug or device that has been delivered into commerce pursuant to an application approved by the federal food and drug administration.
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