Bill Text: IA HF238 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to drug or alcohol overdose prevention, education, and medical assistance, and modifying penalties.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2015-02-17 - Subcommittee, Fry, Holt, and Olson. H.J. 343. [HF238 Detail]
Download: Iowa-2015-HF238-Introduced.html
House File 238 - Introduced HOUSE FILE BY ABDUL=SAMAD A BILL FOR 1 An Act relating to drug or alcohol overdose prevention, 2 education, and medical assistance, and modifying penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1243YH (3) 86 jh/nh PAG LIN 1 1 Section 1. NEW SECTION. 124.417 Immunity == persons seeking 1 2 medical assistance for drug or alcohol overdose or other medical 1 3 emergency. 1 4 1. For purposes of this section: 1 5 a. "Drug or alcohol overdose" means a condition of a person 1 6 for which each of the following is true: 1 7 (1) The person requires medical assistance. 1 8 (2) The person displays symptoms including but not limited 1 9 to extreme physical illness, decreased level of consciousness, 1 10 respiratory depression, coma, mania, or death. 1 11 (3) The person's condition is the result of, or a layperson 1 12 would reasonably believe the person's condition to be the 1 13 result of, consumption or use of a controlled substance or 1 14 alcohol or a substance with which the controlled substance or 1 15 alcohol was combined. 1 16 b. "Seeks medical assistance" includes but is not limited to 1 17 reporting a drug or alcohol overdose or other medical emergency 1 18 to law enforcement, the E911 system, a poison control center, 1 19 or a medical provider, assisting someone so reporting, or 1 20 providing care to someone who is experiencing a drug or alcohol 1 21 overdose or other medical emergency while awaiting the arrival 1 22 of medical assistance. 1 23 2. Notwithstanding any other provision of law to the 1 24 contrary, a person who, in good faith, seeks medical assistance 1 25 for someone who is experiencing a drug or alcohol overdose or 1 26 other medical emergency, or a person experiencing a drug or 1 27 alcohol overdose or other medical emergency who seeks medical 1 28 assistance or is the subject of such a good=faith request, 1 29 shall not be arrested, charged, prosecuted, convicted, have 1 30 property subject to civil forfeiture, or otherwise be penalized 1 31 for any of the following if the evidence for the arrest, 1 32 charge, prosecution, conviction, seizure, or penalty was gained 1 33 as a result of the seeking of medical assistance: 1 34 a. Possession of a controlled substance under section 1 35 124.401. 2 1 b. Possession of an imitation controlled substance under 2 2 section 124A.4. 2 3 c. Possession of drug paraphernalia under section 124.414. 2 4 d. Commission of a prohibited act under section 123.47. 2 5 e. Violation of a restraining order. 2 6 f. Violation of probation or parole. 2 7 3. Notwithstanding any other provision of law to the 2 8 contrary, the act of seeking medical assistance for someone who 2 9 is experiencing a drug or alcohol overdose or other medical 2 10 emergency shall be considered by the court as a mitigating 2 11 factor in any criminal prosecution for which immunity is not 2 12 provided by this section. 2 13 4. This section shall not be used as grounds for the 2 14 suppression of evidence in a prosecution for any other criminal 2 15 offense not specified in this section. 2 16 Sec. 2. NEW SECTION. 124.418 Possession of an opioid 2 17 antagonist. 2 18 1. For purposes of this section, "opioid antagonist" 2 19 means any drug that binds to opioid receptors and blocks or 2 20 disinhibits the effects of opioids acting on those receptors, 2 21 including but not limited to naloxone hydrochloride. 2 22 2. Notwithstanding the provisions of this chapter or any 2 23 other provision of law, a person acting in good faith may 2 24 possess an opioid antagonist. 2 25 Sec. 3. Section 147.107, Code 2015, is amended by adding the 2 26 following new subsection: 2 27 NEW SUBSECTION. 5A. a. For purposes of this subsection: 2 28 (1) "Opioid antagonist" means the same as defined in section 2 29 124.418. 2 30 (2) "Opioid=related overdose" means a condition for which 2 31 each of the following is true: 2 32 (a) The person requires medical assistance. 2 33 (b) The person displays symptoms including but not limited 2 34 to extreme physical illness, decreased level of consciousness, 2 35 respiratory depression, coma, or death. 3 1 (c) The person's condition is the result of, or a layperson 3 2 would reasonably believe the person's condition to be the 3 3 result of, consumption or use of an opioid, or another 3 4 substance with which an opioid was combined. 3 5 b. Notwithstanding subsection 1 or any other provision 3 6 of law, a health care professional otherwise authorized to 3 7 prescribe an opioid antagonist may, directly or by standing 3 8 order, prescribe and dispense an opioid antagonist to a person 3 9 at risk of experiencing an opioid=related overdose or to a 3 10 family member, friend, or other person in a position to assist 3 11 a person at risk of experiencing an opioid=related overdose. 3 12 Any such prescription shall be regarded as being issued for a 3 13 legitimate medical purpose in the usual course of professional 3 14 practice. 3 15 c. Notwithstanding subsection 1 or any other provision 3 16 of law, a person or organization acting under a standing 3 17 order issued by a health care professional who is otherwise 3 18 authorized to prescribe an opioid antagonist may store and 3 19 dispense an opioid antagonist so long as such activities are 3 20 undertaken without charge or compensation. 3 21 d. A health care professional who, acting in good faith 3 22 and with reasonable care, prescribes or dispenses an opioid 3 23 antagonist shall not be subject to any criminal or civil 3 24 liability or any professional disciplinary action for 3 25 prescribing or dispensing an opioid antagonist or any outcome 3 26 resulting from the eventual administration of the opioid 3 27 antagonist. 3 28 e. A person who, acting in good faith and with reasonable 3 29 care, administers an opioid antagonist to another person whom 3 30 the person believes to be suffering an opioid=related overdose 3 31 shall not be subject to any criminal or civil liability or any 3 32 professional disciplinary action for such act. 3 33 Sec. 4. Section 147A.8, Code 2015, is amended by adding the 3 34 following new subsection: 3 35 NEW SUBSECTION. 3. Administer an opioid antagonist, as 4 1 defined in section 124.418, as clinically indicated. 4 2 Sec. 5. NEW SECTION. 155A.45 Dispensing of naloxone 4 3 hydrochloride. 4 4 1. A pharmacist may dispense naloxone hydrochloride in 4 5 accordance with subsection 2 and the rules adopted by the board 4 6 pursuant to subsection 3. 4 7 2. Prior to dispensing naloxone hydrochloride, a pharmacist 4 8 shall complete a training program that consists of at least 4 9 one hour of continuing education on the use of naloxone 4 10 hydrochloride. 4 11 3. The board shall adopt rules to administer this section, 4 12 including but not limited to rules providing for: 4 13 a. Procedures to ensure education of the person to whom the 4 14 naloxone hydrochloride is dispensed, including opioid overdose 4 15 prevention, recognition, and response, safe administration 4 16 of naloxone hydrochloride, potential side effects or adverse 4 17 events, and the imperative to seek emergency medical care for 4 18 the patient. 4 19 b. Procedures for the completion of the required continuing 4 20 education necessary to dispense naloxone hydrochloride. 4 21 Sec. 6. NEW SECTION. 217.22 Report on unintentional drug 4 22 overdose. 4 23 The department of human services shall investigate, 4 24 document, and publish an annual report on the number, trends, 4 25 patterns, and risk factors related to unintentional drug 4 26 overdose fatalities occurring within this state each year. The 4 27 report shall also provide information on interventions that 4 28 would be effective in reducing the rate of fatal or nonfatal 4 29 drug overdose. 4 30 Sec. 7. Section 249A.20A, Code 2015, is amended by adding 4 31 the following new subsection: 4 32 NEW SUBSECTION. 12. Notwithstanding anything in this 4 33 section to the contrary, the department shall include naloxone 4 34 hydrochloride on the preferred drug list. 4 35 Sec. 8. GRANTS FOR DRUG OVERDOSE PROJECTS. The department 5 1 of human services shall make grants for the fiscal years 5 2 beginning July 1, 2015, July 1, 2016, and July 1, 2017, using, 5 3 to the fullest extent feasible, existing resources available to 5 4 the department for any of the following purposes, as determined 5 5 by the department: 5 6 1. Drug overdose prevention, recognition, and response 5 7 education projects. 5 8 2. Drug overdose prevention, recognition, and response 5 9 training for patients receiving opioid antagonists and 5 10 patients' families and caregivers. 5 11 3. Naloxone hydrochloride prescription or distribution 5 12 projects. 5 13 4. Education and training projects on drug overdose 5 14 response and treatment for emergency services and law 5 15 enforcement personnel, including but not limited to volunteer 5 16 fire and emergency services. 5 17 EXPLANATION 5 18 The inclusion of this explanation does not constitute agreement with 5 19 the explanation's substance by the members of the general assembly. 5 20 This bill relates to drug and alcohol overdose prevention, 5 21 assistance, and education, provides immunity from certain 5 22 criminal offenses for a person who seeks medical assistance for 5 23 a person experiencing an overdose, and authorizes pharmacists 5 24 to dispense naloxone hydrochloride. 5 25 The bill provides immunity from certain crimes for persons 5 26 who seek medical assistance for a drug or alcohol overdose. 5 27 If a person seeks medical assistance for another person 5 28 experiencing a drug or alcohol overdose or other medical 5 29 emergency, or if a person experiencing a drug or alcohol 5 30 overdose or other medical emergency seeks medical assistance 5 31 or is the subject of such a request, such person shall not be 5 32 arrested, charged, prosecuted, convicted, or have property 5 33 subject to civil forfeiture for certain crimes if the evidence 5 34 against the person was gained because medical assistance was 5 35 sought. The crimes are possession of a controlled substance 6 1 under Code section 124.401, possession of an imitation 6 2 controlled substance under Code section 124A.4, possession 6 3 of drug paraphernalia under section 124.414, commission of 6 4 a prohibited act under Code section 123.47 (crimes related 6 5 to a person's possession of alcohol under the legal age), 6 6 or violation of a restraining order, probation, or parole. 6 7 Evidence of other crimes discovered because a person sought 6 8 medical assistance shall not be suppressed. 6 9 If a person seeks medical assistance for another person who 6 10 is experiencing a drug or alcohol overdose or other medical 6 11 emergency and is not immune from criminal liability, the bill 6 12 provides that a court shall consider the person's seeking 6 13 medical assistance as a mitigating factor. 6 14 The bill provides that possession of an opioid antagonist in 6 15 good faith is not a violation of Code chapter 124 or any other 6 16 law. The bill defines "opioid antagonist" as any drug that 6 17 binds to opioid receptors and blocks or disinhibits the effects 6 18 of opioids acting on those receptors, including but not limited 6 19 to naloxone hydrochloride. 6 20 The bill provides that a pharmacist may dispense naloxone 6 21 hydrochloride after completing a training program. The 6 22 board of pharmacy is directed to adopt rules related to 6 23 education requirements for pharmacists to dispense naloxone 6 24 hydrochloride and procedures to educate persons regarding 6 25 naloxone hydrochloride, opioid overdose prevention, and the 6 26 safe administration of naloxone hydrochloride. 6 27 The bill directs the department of human services to publish 6 28 an annual report on the number, trends, patterns, and risk 6 29 factors related to unintentional drug overdose fatalities 6 30 in Iowa. The bill also directs the department of human 6 31 services to make grants for FY 2015=2016, FY 2016=2017, and 6 32 FY 2017=2018, to the fullest extent feasible, from existing 6 33 resources for drug overdose prevention projects, naloxone 6 34 hydrochloride prescription or distribution projects, or 6 35 education and training projects on drug overdose response and 7 1 treatment for emergency services and law enforcement personnel. 7 2 The bill directs the department of human services to add 7 3 naloxone hydrochloride to the Medicaid preferred drug list 7 4 under Code section 249A.20A. 7 5 The bill provides that an emergency medical care provider 7 6 properly certified under Code chapter 147A may administer an 7 7 opioid antagonist. 7 8 The bill provides that a health care professional authorized 7 9 to prescribe an opioid antagonist may prescribe and dispense 7 10 an opioid antagonist to a person at risk of experiencing an 7 11 opioid=related overdose or to a family member, friend, or 7 12 other person who may be able to assist a person at risk of an 7 13 opioid=related overdose. A person or organization acting under 7 14 a standing order from a health care professional authorized to 7 15 prescribe an opioid antagonist may store and dispense an opioid 7 16 antagonist so long as such person or organization does not 7 17 charge or receive compensation for such activities. A health 7 18 care professional who acts in good faith and with reasonable 7 19 care while prescribing or dispensing an opioid antagonist 7 20 shall not be subject to any criminal or civil liability or any 7 21 professional disciplinary action. A person who acts in good 7 22 faith and with reasonable care while administering an opioid 7 23 antagonist to another person whom the person believes to be 7 24 suffering an opioid=related overdose shall be immune from 7 25 criminal or civil liability or any professional disciplinary 7 26 action. LSB 1243YH (3) 86 jh/nh
