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