Bill Text: IA SF410 | 2015-2016 | 86th General Assembly | Amended
Bill Title: A bill for an act relating to drug overdose prevention, including by limiting criminal and civil liability, and modifying penalties. (Formerly SSB 1209.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2016-03-18 - Placed on calendar under unfinished business. H.J. 506. [SF410 Detail]
Download: Iowa-2015-SF410-Amended.html
Senate File 410 - Reprinted SENATE FILE BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SSB 1209) (As Amended and Passed by the Senate March 19, 2015) A BILL FOR 1 An Act relating to drug overdose prevention, including by 2 limiting criminal and civil liability, and modifying 3 penalties. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: SF 410 (3) 86 jh/nh/jh PAG LIN 1 1 Section 1. Section 85.27, Code 2015, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. If an employee receives care pursuant 1 4 to subsection 1 and the treating physician or other health care 1 5 professional reasonably believes, based on such physician's or 1 6 other health care professional's professional judgment, that 1 7 the employee is at risk of an opioid=related overdose due to 1 8 the work=related injury or the treatment of the work=related 1 9 injury, the cost of an opioid antagonist shall be paid by the 1 10 employer or the employer's insurance carrier. For purposes 1 11 of this subsection, "opioid antagonist" and "opioid=related 1 12 overdose" mean the same as defined in section 124.418. 1 13 Sec. 2. NEW SECTION. 124.417 Persons seeking medical 1 14 assistance for drug=related overdose. 1 15 1. As used in this section, unless the context otherwise 1 16 requires: 1 17 a. "Drug=related overdose" means a condition of a person for 1 18 which each of the following is true: 1 19 (1) The person is in need of medical assistance. 1 20 (2) The person displays symptoms including but not limited 1 21 to extreme physical illness, pinpoint pupils, decreased level 1 22 of consciousness including coma, or respiratory depression. 1 23 (3) The person's condition is the result of, or a prudent 1 24 layperson would reasonably believe such condition to be the 1 25 result of, the consumption or use of a controlled substance. 1 26 b. "Overdose patient" means a person who is, or would 1 27 reasonably be perceived to be, suffering a drug=related 1 28 overdose. 1 29 c. "Overdose reporter" means a person who seeks medical 1 30 assistance for an overdose patient. 1 31 d. "Protected information" means information or evidence 1 32 collected or derived as a result of any of the following: 1 33 (1) An overdose patient's good=faith actions to seek 1 34 medical assistance while experiencing a drug=related overdose. 1 35 (2) An overdose reporter's good=faith actions to seek 2 1 medical assistance for an overdose patient experiencing a 2 2 drug=related overdose if all of the following are true: 2 3 (a) The overdose patient is in need of medical assistance 2 4 for an immediate health or safety concern. 2 5 (b) The overdose reporter is the first person to seek 2 6 medical assistance for the overdose patient. 2 7 (c) The overdose reporter provides the overdose reporter's 2 8 name and contact information to medical or law enforcement 2 9 personnel. 2 10 (d) The overdose reporter remains on the scene until 2 11 assistance arrives or is provided. 2 12 (e) The overdose reporter cooperates with law enforcement 2 13 and medical personnel. 2 14 2. Protected information shall not be considered to support 2 15 probable cause and shall not be admissible as evidence against 2 16 an overdose patient or overdose reporter for any of the 2 17 following offenses: 2 18 a. Violation of section 124.401, subsection 1. 2 19 b. Possession of a controlled substance under section 2 20 124.401, subsection 5. 2 21 c. Violation of section 124.407. 2 22 d. Violation of section 124.414. 2 23 3. A person's pretrial release, probation, supervised 2 24 release, or parole shall not be revoked based on protected 2 25 information. 2 26 4. Notwithstanding any other provision of law to the 2 27 contrary, the act of providing first aid or other medical 2 28 assistance to someone who is experiencing a drug=related 2 29 overdose may be considered by a court as a mitigating factor in 2 30 a criminal prosecution. 2 31 5. This section shall not be construed to limit the use or 2 32 admissibility of any evidence in a criminal case other than as 2 33 provided in subsection 2. 2 34 Sec. 3. NEW SECTION. 124.418 Possession of an opioid 2 35 antagonist. 3 1 1. For purposes of this section: 3 2 a. "Health care professional" means a physician and surgeon 3 3 or osteopathic physician and surgeon licensed under chapter 3 4 148, physician assistant licensed under chapter 148C, advanced 3 5 registered nurse practitioner licensed under chapter 152 or 3 6 152E, or pharmacist licensed under chapter 155A. 3 7 b. "Opioid antagonist" means a drug that binds to opioid 3 8 receptors and blocks or inhibits the effects of opioids acting 3 9 on those receptors, including but not limited to naloxone 3 10 hydrochloride or any other similarly acting drug approved by 3 11 the United States food and drug administration. 3 12 c. "Opioid=related overdose" means a condition of a person 3 13 for which each of the following is true: 3 14 (1) The person requires medical assistance. 3 15 (2) The person displays symptoms including but not limited 3 16 to extreme physical illness, pinpoint pupils, decreased level 3 17 of consciousness including coma, or respiratory depression. 3 18 (3) The person's condition is the result of, or a prudent 3 19 layperson would reasonably believe the person's condition to 3 20 be the result of, consumption or use of an opioid or another 3 21 substance with which an opioid was combined. 3 22 2. Notwithstanding the provisions of this chapter or any 3 23 other law, a person may possess an opioid antagonist if each of 3 24 the following is true: 3 25 a. The opioid antagonist is prescribed, dispensed, 3 26 furnished, distributed, or otherwise provided by a health 3 27 care professional otherwise authorized to prescribe an opioid 3 28 antagonist, either directly, by standing order, or through a 3 29 collaborative agreement. 3 30 b. The person is a family member or friend of, or 3 31 other person in a position to assist, a person at risk of 3 32 experiencing an opioid=related overdose. 3 33 Sec. 4. NEW SECTION. 135.181 Standards and reports on 3 34 opioid antagonist use. 3 35 1. For purposes of this section: 4 1 a. "Emergency medical services" means the same as defined 4 2 in section 147A.1. 4 3 b. "First responder" means emergency medical personnel, 4 4 state and local law enforcement personnel, or fire department 4 5 personnel who provide emergency medical services. 4 6 c. "Health care professional" means a physician and surgeon 4 7 or osteopathic physician and surgeon licensed under chapter 4 8 148, physician assistant licensed under chapter 148C, advanced 4 9 registered nurse practitioner licensed under chapter 152 or 4 10 152E, or pharmacist licensed under chapter 155A. 4 11 d. "Opioid antagonist" means the same as defined in section 4 12 124.418. 4 13 2. The department shall develop standards for recordkeeping 4 14 and reporting of opioid antagonist use by first responders in 4 15 this state, and shall provide an annual report to the general 4 16 assembly with recommendations regarding the use of opioid 4 17 antagonists in this state. 4 18 3. The department shall consult with health care 4 19 professional organizations, organizations representing first 4 20 responders, and other groups as determined by the department 4 21 to develop protocols and instructions for the administration 4 22 of an opioid antagonist by a person who is not a health care 4 23 professional or a first responder. The department shall make 4 24 the protocols and instructions developed pursuant to this 4 25 subsection publicly available on the department's internet 4 26 site. 4 27 Sec. 5. Section 147.107, Code 2015, is amended by adding the 4 28 following new subsection: 4 29 NEW SUBSECTION. 5A. a. For purposes of this subsection: 4 30 (1) "Opioid antagonist" means the same as defined in section 4 31 124.418. 4 32 (2) "Opioid=related overdose" means the same as defined in 4 33 section 124.418. 4 34 b. Notwithstanding subsection 1 or any other provision 4 35 of law, a health care professional otherwise authorized to 5 1 prescribe an opioid antagonist may directly, by standing order, 5 2 or through collaborative agreement, prescribe, dispense, 5 3 furnish, or otherwise provide an opioid antagonist to a person 5 4 at risk of experiencing an opioid=related overdose or to a 5 5 family member or friend of, or other person whom the health 5 6 care professional believes to be in a position to assist, a 5 7 person at risk of experiencing an opioid=related overdose. 5 8 Any such prescription shall be deemed as being issued for a 5 9 legitimate medical purpose in the usual course of professional 5 10 practice. 5 11 c. A health care professional who prescribes an opioid 5 12 antagonist shall document the reasons for the prescription or 5 13 standing order. 5 14 d. A pharmacist who dispenses, furnishes, or otherwise 5 15 provides an opioid antagonist pursuant to a valid prescription, 5 16 standing order, or collaborative agreement shall provide 5 17 instruction to the recipient in accordance with the protocols 5 18 and instructions developed by the department of public health 5 19 under section 135.181. 5 20 e. A health care professional who is licensed to prescribe 5 21 an opioid antagonist shall not be subject to any disciplinary 5 22 action or civil or criminal liability for prescribing an opioid 5 23 antagonist to a person whom the health care professional 5 24 reasonably believes may be in a position to assist or 5 25 administer the opioid antagonist to a person at risk of an 5 26 opioid=related overdose. 5 27 Sec. 6. Section 147A.10, Code 2015, is amended by adding the 5 28 following new subsection: 5 29 NEW SUBSECTION. 4. a. For purposes of this subsection: 5 30 (1) "Opioid antagonist" means the same as defined in section 5 31 124.418. 5 32 (2) "Opioid=related overdose" means the same as defined in 5 33 section 124.418. 5 34 b. An emergency medical care provider or a law enforcement 5 35 officer who has been trained in the administration of an opioid 6 1 antagonist and acts with reasonable care in administering an 6 2 opioid antagonist to another person who the emergency medical 6 3 care provider or law enforcement officer believes in good faith 6 4 to be suffering an opioid=related overdose shall not be subject 6 5 to civil liability, disciplinary action, or a civil or criminal 6 6 penalty for an act or omission related to or resulting from the 6 7 administration. 6 8 Sec. 7. NEW SECTION. 155A.45 Administration of an opioid 6 9 antagonist. 6 10 1. For purposes of this section: 6 11 a. "Opioid antagonist" means the same as defined in section 6 12 124.418. 6 13 b. "Opioid=related overdose" means the same as defined in 6 14 section 124.418. 6 15 2. A person who is not otherwise licensed by an appropriate 6 16 state board to prescribe, dispense, or administer opioid 6 17 antagonists to patients may, in an emergency, administer an 6 18 opioid antagonist to another person if the person believes in 6 19 good faith that the other person is suffering an opioid=related 6 20 overdose, and the person shall not be subject to civil 6 21 liability, disciplinary action, or a civil or criminal penalty 6 22 for an act or omission related to or resulting from the 6 23 administration of an opioid antagonist. 6 24 Sec. 8. Section 249A.20A, Code 2015, is amended by adding 6 25 the following new subsection: 6 26 NEW SUBSECTION. 12. a. For purposes of this subsection, 6 27 "opioid antagonist" means the same as defined in section 6 28 124.418. 6 29 b. Notwithstanding anything in this section to the contrary, 6 30 the department shall include an opioid antagonist, including 6 31 any device integral to its administration, on the preferred 6 32 drug list. Reimbursement under the medical assistance program 6 33 shall be provided through existing resources. 6 34 c. A prescription for an opioid antagonist shall not be 6 35 subject to prior authorization or other utilization management 7 1 if the prescriber deems the opioid antagonist medically 7 2 necessary. SF 410 (3) 86 jh/nh/jh
