Bill Text: IA SF125 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment of a needle exchange program by the Iowa department of public health. (See SF 500.)
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-06 - Committee report approving bill, renumbered as SF 500. S.J. 489. [SF125 Detail]
Download: Iowa-2019-SF125-Introduced.html
Senate
File
125
-
Introduced
SENATE
FILE
125
BY
ZAUN
A
BILL
FOR
An
Act
relating
to
the
establishment
of
a
needle
exchange
1
program
by
the
Iowa
department
of
public
health.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1148XS
(4)
88
as/rh
S.F.
125
Section
1.
Section
124.414,
subsection
1,
paragraph
b,
Code
1
2019,
is
amended
to
read
as
follows:
2
b.
“Drug
paraphernalia”
does
not
include
hypodermic
needles
3
or
syringes
if
manufactured,
delivered,
sold,
or
possessed
4
for
a
lawful
purpose.
For
purposes
of
this
section,
“lawful
5
purpose”
includes
hypodermic
needles
or
syringes
delivered,
6
sold,
or
possessed
through
an
approved
needle
exchange
program
7
established
pursuant
to
section
135.26A
and
rules
adopted
by
8
the
department
of
public
health.
9
Sec.
2.
Section
135.11,
Code
2019,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
30.
Administer
a
needle
exchange
program
12
pursuant
to
section
135.26A
in
cooperation
with
cities,
13
counties,
and
nongovernmental
organizations.
14
Sec.
3.
NEW
SECTION
.
135.26A
Needle
exchange
program.
15
1.
For
purposes
of
this
section:
16
a.
“Needle
exchange
program”
means
a
program
that
promotes
17
scientifically
proven
ways
of
mitigating
health
risks
18
associated
with
drug
use
and
other
high-risk
behaviors
that
is
19
designated
and
approved
by
the
department
and
implemented
by
a
20
city,
county,
or
nongovernmental
organization.
21
b.
“Residual
amount”
means
an
amount
of
a
controlled
22
substance
not
exceeding
twenty-five
milligrams.
23
2.
A
needle
exchange
program
is
created
in
the
department
24
and
shall
be
administered
by
a
division
of
the
department
25
in
cooperation
with
cities,
counties,
and
nongovernmental
26
organizations.
27
3.
a.
The
objectives
of
a
needle
exchange
program
28
established
pursuant
to
this
section
shall
be
all
of
the
29
following:
30
(1)
To
reduce
the
spread
of
viral
hepatitis,
HIV,
and
other
31
medical
illnesses
caused
by
infectious
agents.
32
(2)
To
reduce
needle-stick
injuries
to
law
enforcement
33
officers
and
other
emergency
personnel.
34
(3)
To
encourage
persons
who
inject
drugs
to
enroll
in
35
-1-
LSB
1148XS
(4)
88
as/rh
1/
5
S.F.
125
evidence-based
treatment
for
substance
use
disorders.
1
b.
A
needle
exchange
program
shall
offer
all
of
the
2
following:
3
(1)
Disposal
sites
for
used
hypodermic
needles
and
4
syringes.
5
(2)
Hypodermic
needles,
syringes,
and
other
injection
6
supplies
at
no
cost
and
in
quantities
sufficient
to
ensure
that
7
hypodermic
needles,
syringes,
and
other
injection
supplies
are
8
not
shared
or
reused.
9
(3)
Educational
materials
or
referrals
including
10
information
on
all
of
the
following:
11
(a)
Overdose
prevention
and
naloxone
administration,
12
including
access
to
kits
that
contain
naloxone.
13
(b)
The
prevention
of
HIV,
viral
hepatitis,
endocarditis,
14
and
other
bacterial
infections
associated
with
intravenous
drug
15
use.
16
(c)
HIV
and
hepatitis
C
testing.
17
(d)
Evidence-based
treatment
for
persons
with
substance
use
18
disorders.
19
(e)
Treatment
for
persons
with
mental
illness.
20
4.
An
employee
of,
or
a
volunteer
or
participant
in,
a
21
needle
exchange
program
shall
not
be
charged
with
or
prosecuted
22
for
possession
of
any
of
the
following:
23
a.
A
hypodermic
needle,
syringe,
or
other
injection
supply
24
item
obtained
from
or
returned
to
a
needle
exchange
program.
25
b.
A
residual
amount
of
a
controlled
substance
contained
26
in
a
used
hypodermic
needle,
used
hypodermic
syringe,
or
used
27
injection
supply
item
obtained
from
or
returned
to
a
needle
28
exchange
program.
29
5.
a.
Subsection
4
only
applies
if
an
employee
of,
or
a
30
volunteer
or
participant
in,
a
needle
exchange
program
claiming
31
immunity
provides,
upon
request
of
a
law
enforcement
officer,
32
a
needle
exchange
program
identification
card
issued
by
the
33
department
verifying
that
a
hypodermic
needle,
syringe,
or
34
other
injection
supply
item
was
obtained
by
the
participant
35
-2-
LSB
1148XS
(4)
88
as/rh
2/
5
S.F.
125
from
a
needle
exchange
program
authorized
pursuant
to
this
1
section.
2
b.
A
needle
exchange
program
identification
card
shall
3
include
a
unique
identifying
number
assigned
to
each
individual
4
needle
exchange
program
participant
and
must
be
verifiable
by
5
the
department.
6
6.
If
a
law
enforcement
officer
in
good
faith
issues
a
7
charge
in
violation
of
subsection
4,
the
law
enforcement
8
officer
shall
not
be
held
civilly
or
criminally
liable.
9
7.
The
Iowa
department
of
public
health
shall
adopt
rules
10
pursuant
to
chapter
17A
to
administer
this
section.
11
EXPLANATION
12
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
13
the
explanation’s
substance
by
the
members
of
the
general
assembly.
14
This
bill
relates
to
the
establishment
of
a
needle
exchange
15
program
by
the
Iowa
department
of
public
health
(DPH).
The
16
bill
creates
a
needle
exchange
program
to
be
administered
by
17
DPH
in
cooperation
with
cities,
counties,
and
nongovernmental
18
organizations.
19
The
bill
defines
“needle
exchange
program”
as
a
program
that
20
promotes
scientifically
proven
ways
of
mitigating
health
risks
21
associated
with
drug
use
and
other
high-risk
behaviors
that
22
is
designated
and
approved
by
DPH
and
implemented
by
a
city,
23
county,
or
nongovernmental
organization.
24
The
objectives
of
a
needle
exchange
program
established
25
pursuant
to
the
bill
include
reducing
the
spread
of
viral
26
hepatitis,
HIV,
and
other
medical
illnesses
caused
by
27
infectious
agents,
reducing
needle-stick
injuries
to
28
law
enforcement
officers
and
other
emergency
personnel,
29
and
encouraging
persons
who
inject
drugs
to
enroll
in
30
evidence-based
treatment
for
substance
use
disorders.
31
A
needle
exchange
program
established
pursuant
to
the
bill
32
shall
offer
disposal
sites
for
used
hypodermic
needles
and
33
syringes;
hypodermic
needles,
syringes,
and
other
injection
34
supplies
at
no
cost
and
in
quantities
sufficient
to
ensure
that
35
-3-
LSB
1148XS
(4)
88
as/rh
3/
5
S.F.
125
hypodermic
needles,
syringes,
and
other
injection
supplies
are
1
not
shared
or
reused;
and
educational
materials
that
include
2
information
relating
to
overdose
prevention
and
naloxone
3
administration,
including
access
to
kits
that
contain
naloxone;
4
the
prevention
of
HIV,
viral
hepatitis,
endocarditis,
and
other
5
bacterial
infections
associated
with
intravenous
drug
use;
HIV
6
and
hepatitis
C
testing;
evidence-based
treatment
for
persons
7
with
substance
use
disorders;
and
treatment
for
persons
with
8
mental
illness.
9
The
bill
provides
that
an
employee
of,
or
a
volunteer
or
10
participant
in,
a
needle
exchange
program
shall
not
be
charged
11
with
or
prosecuted
for
possession
of
a
hypodermic
needle,
12
syringe,
or
other
injection
supply
item
obtained
from
or
13
returned
to
a
needle
exchange
program
or
a
residual
amount
of
14
a
controlled
substance
contained
in
a
used
hypodermic
needle,
15
used
hypodermic
syringe,
or
used
injection
supply
item
obtained
16
from
or
returned
to
a
needle
exchange
program.
“Residual
17
amount”
is
defined
as
an
amount
of
a
controlled
substance
not
18
exceeding
25
milligrams.
This
immunity
provision
applies
only
19
if
the
person
claiming
immunity
provides,
upon
request
of
a
law
20
enforcement
officer,
a
needle
exchange
program
identification
21
card
issued
by
DPH
verifying
that
a
hypodermic
needle,
syringe,
22
or
other
injection
supply
item
was
obtained
from
a
needle
23
exchange
program
authorized
pursuant
to
the
bill.
A
needle
24
exchange
program
identification
card
shall
include
a
unique
25
identifying
number
assigned
to
each
individual
needle
exchange
26
program
participant
and
must
be
verifiable
by
DPH.
27
The
bill
provides
that
if
a
law
enforcement
officer
in
good
28
faith
issues
a
charge
in
violation
of
the
immunity
provisions
29
of
the
bill,
the
law
enforcement
officer
shall
not
be
held
30
civilly
or
criminally
liable.
31
The
bill
provides
that
DPH
shall
adopt
rules
pursuant
to
Code
32
chapter
17A
to
administer
the
bill.
33
Under
current
law,
a
person
who
illegally
manufactures,
34
delivers,
sells,
or
possesses
drug
paraphernalia
commits
a
35
-4-
LSB
1148XS
(4)
88
as/rh
4/
5
S.F.
125
simple
misdemeanor
under
Code
section
124.414.
The
bill
makes
1
a
conforming
Code
change
to
Code
section
124.414
by
exempting
2
hypodermic
needles
or
syringes
delivered,
sold,
or
possessed
3
through
the
needle
exchange
program
established
in
the
bill
4
from
the
definition
of
drug
paraphernalia.
5
-5-
LSB
1148XS
(4)
88
as/rh
5/
5