Bill Text: IA SF2218 | 2015-2016 | 86th General Assembly | Amended

Iowa Senate Bill 2218 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: A bill for an act relating to the possession and administration of emergency drugs by first responders and other persons in a position to assist for purposes of treating drug overdose victims and including contingent implementation provisions. (Formerly SF 2008.) Effective 7-1-16.

Spectrum: Committee Bill

Status: (Passed) 2016-04-06 - Signed by Governor. S.J. 649. [SF2218 Detail]

Download: Iowa-2015-SF2218-Amended.html

Senate File 2218 - Reprinted




                                 SENATE FILE       
                                 BY  COMMITTEE ON HUMAN
                                     RESOURCES

                                 (SUCCESSOR TO SF 2008)
       (As Amended and Passed by the Senate March 8, 2016)

                                      A BILL FOR

  1 An Act relating to the possession and administration of
  2    emergency drugs by first responders and other persons in a
  3    position to assist for purposes of treating drug overdose
  4    victims and including contingent implementation provisions.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  NEW SECTION.  135.190  Possession and
  1  2 administration of opioid antagonists.
  1  3    1.  For purposes of this section, unless the context
  1  4 otherwise requires:
  1  5    a.  "Opioid antagonist" means the same as defined in section
  1  6 147A.1.
  1  7    b.  "Opioid=related overdose" means the same as defined in
  1  8 section 147A.1.
  1  9    c.  "Person in a position to assist" means a family member,
  1 10 friend, caregiver, health care provider, employee of a
  1 11 substance abuse treatment facility, or other person who may be
  1 12 in a place to render aid to a person at risk of experiencing an
  1 13 opioid=related overdose.
  1 14    2.  A person in a position to assist may possess and provide
  1 15 or administer an opioid antagonist to an individual if the
  1 16 person in a position to assist reasonably and in good faith
  1 17 believes that such individual is experiencing an opioid=related
  1 18 overdose.
  1 19    3.  A person in a position to assist who has acted reasonably
  1 20 and in good faith shall not be liable for any injury arising
  1 21 from the provision, administration, or assistance in the
  1 22 administration of an opioid antagonist as provided in this
  1 23 section.
  1 24    Sec. 2.  Section 147A.1, Code 2016, is amended by adding the
  1 25 following new subsections:
  1 26    NEW SUBSECTION.  6A.  "First responder" means an emergency
  1 27 medical care provider, a registered nurse staffing an
  1 28 authorized service program under section 147A.12, a physician
  1 29 assistant staffing an authorized service program under section
  1 30 147A.13, a fire fighter, or a peace officer as defined in
  1 31 section 801.4 who is trained and authorized to administer an
  1 32 opioid antagonist.
  1 33    NEW SUBSECTION.  6B.  "Licensed health care professional"
  1 34 means the same as defined in section 280.16.
  1 35    NEW SUBSECTION.  6C.  "Opioid antagonist" means a drug that
  2  1 binds to opioid receptors and blocks or inhibits the effects of
  2  2 opioids acting on those receptors, including but not limited
  2  3 to naloxone hydrochloride or any other similarly acting drug
  2  4 approved by the United States food and drug administration.
  2  5    NEW SUBSECTION.  6D.  "Opioid=related overdose" means
  2  6 a condition affecting a person which may include extreme
  2  7 physical illness, a decreased level of consciousness,
  2  8 respiratory depression, a coma, or the ceasing of respiratory
  2  9 or circulatory function resulting from the consumption or use
  2 10 of an opioid, or another substance with which an opioid was
  2 11 combined.
  2 12    Sec. 3.  NEW SECTION.  147A.18  Possession and administration
  2 13 of an opioid antagonist ==== immunity.
  2 14    1.  Notwithstanding any other provision of law to the
  2 15 contrary, a licensed health care professional may prescribe
  2 16 an opioid antagonist in the name of a service program, law
  2 17 enforcement agency, or fire department to be maintained for use
  2 18 as provided in this section.
  2 19    2.  A service program, law enforcement agency, or fire
  2 20 department may obtain a prescription for and maintain a supply
  2 21 of opioid antagonists. A service program, law enforcement
  2 22 agency, or fire department that obtains such a prescription
  2 23 shall replace an opioid antagonist upon its use or expiration.
  2 24    3.  A first responder employed by a service program, law
  2 25 enforcement agency, or fire department that maintains a supply
  2 26 of opioid antagonists pursuant to this section may possess
  2 27 and provide or administer such an opioid antagonist to an
  2 28 individual if the first responder reasonably and in good faith
  2 29 believes that such individual is experiencing an opioid=related
  2 30 overdose.
  2 31    4.  The following persons, provided they have acted
  2 32 reasonably and in good faith, shall not be liable for any
  2 33 injury arising from the provision, administration, or
  2 34 assistance in the administration of an opioid antagonist as
  2 35 provided in this section:
  3  1    a.  A first responder who provides, administers, or assists
  3  2 in the administration of an opioid antagonist to an individual
  3  3 as provided in this section.
  3  4    b.  A service program, law enforcement agency, or fire
  3  5 department.
  3  6    c.  The prescriber of the opioid antagonist.
  3  7    5.  The department shall adopt rules pursuant to chapter
  3  8 17A to implement and administer this section, including but
  3  9 not limited to standards and procedures for the prescription,
  3 10 distribution, storage, replacement, and administration of
  3 11 opioid antagonists, and for the training and authorization
  3 12 to be required for first responders to administer an opioid
  3 13 antagonist.
  3 14    Sec. 4.  CONTINGENT IMPLEMENTATION.  Implementation of the
  3 15 section of this Act enacting section 147A.18 is contingent upon
  3 16 the availability of funding.
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