BOARD OF PHARMACY UPDATE

Regulatory Realignment

Among the many priorities stated in her 2023 Condition of the State address on January 10, Iowa Governor Kim Reynolds declared her intent to overhaul the administrative state in Iowa. This overhaul includes enacting a moratorium on rulemaking, instituting comprehensive cost-benefit reviews of all existing administrative rules, and realigning several regulatory agencies. One significant realignment transition announced prior to the Governor’s speech included the combining of the Iowa Department of Public Health (IDPH) and Human Services (DHS), to establish the new Department of Health and Human Services (DHHS).

During a stakeholder call following the Governor’s speech, Kelly Garcia, Director of the to-be consolidated IDPH, shared that health-related administrative boards in Iowa would no longer remain under the purview of the newly combined DHHS. This means the Iowa Board of Pharmacy, along with the Medical, Dental and Nursing Boards, will receive a new home in the Iowa Department of Inspections and Appeals (DIA).

DIA is more widely known to the public as regulators of the hospitality space (i.e., restaurants, gaming, and hotels); however, DIA currently conducts certain health-related regulatory actions, such as certifying nursing assistants and reviewing complaints against nursing homes. The responsibilities of the Board of Pharmacy range from regulating the distribution of controlled substances to licensing applicants to practice pharmacy. From a practical standpoint, the move to DIA aligns the Board of Pharmacy and other health boards with their licensing, registration, and inspection activities. These activities are extensive—regulating examination, renewal and reciprocity requirements, registering pharmacist-interns, pharmacy technicians and pharmacy support persons, and instituting disciplinary actions, hearings and appeals against licensee and registrants.

However, questions remain as to how the broader public health policy efforts which occur within DPH (now DHHS) might be affected. Until the text of the implementing bill is introduced by the legislature, uncertainties are expected to continue. IPA will continue to monitor the transition and provide updates as they become available.

If you have any questions or comments in the meantime, please contact Seth Brown at sbrown@iarx.org or Brett Barker at bbarker@iarx.org.