Bill Text: IA SSB1150 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act concerning prescription drug or controlled substance medication defenses in operating=while=intoxicated cases.
Spectrum: Unknown
Status: (N/A - Dead) 0000-00-00 - Judiciary: Hogg Chair,Taylor, and Whitver. [SSB1150 Detail]
Download: Iowa-2013-SSB1150-Introduced.html
Senate
Study
Bill
1150
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOGG)
A
BILL
FOR
An
Act
concerning
prescription
drug
or
controlled
substance
1
medication
defenses
in
operating-while-intoxicated
cases.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
321J.2,
subsection
11,
Code
2013,
is
1
amended
to
read
as
follows:
2
11.
a.
This
section
does
not
apply
to
a
person
operating
3
a
motor
vehicle
while
under
the
influence
of
a
drug
if
the
4
substance
When
charged
with
a
violation
of
subsection
1,
5
paragraph
“a”
,
a
person
who
has
consented
to
testing
in
6
accordance
with
section
321J.6
may
assert,
as
an
affirmative
7
defense,
that
the
drug
involved
was
prescribed
for
the
person
8
and
was
taken
under
the
prescription
and
in
accordance
with
9
the
directions
of
a
medical
practitioner
as
defined
in
chapter
10
155A
or
if
the
substance
drug
was
dispensed
by
a
pharmacist
11
without
a
prescription
pursuant
to
the
rules
of
the
board
of
12
pharmacy,
if
there
is
no
evidence
of
the
consumption
of
alcohol
13
and
there
is
evidence
the
medical
practitioner
or
pharmacist
14
had
not
directed
affirmatively
permitted
the
person
to
refrain
15
from
operating
operate
a
motor
vehicle.
16
b.
When
charged
with
a
violation
of
subsection
1
,
paragraph
17
“c”
,
a
person
may
assert,
as
an
affirmative
defense,
that
18
the
controlled
substance
present
in
the
person’s
blood
or
19
urine
was
prescribed
or
dispensed
for
the
person
and
was
taken
20
in
accordance
with
the
directions
of
a
practitioner
and
the
21
labeling
directions
of
the
pharmacy,
as
that
person
and
place
22
of
business
are
defined
in
section
155A.3
.
23
c.
(1)
A
person
asserting
an
affirmative
defense
pursuant
24
to
this
subsection
shall
provide
notice
to
the
state
not
25
later
than
forty
days
after
arraignment.
At
the
time
notice
26
is
provided,
the
person
shall
provide
a
list
of
witnesses
27
and
shall
allow
the
state
to
inspect
and
copy
any
records
or
28
statements
upon
which
the
witnesses
will
rely
in
testifying.
29
(2)
Failure
to
comply
with
the
requirements
of
this
lettered
30
paragraph
“c”
bars
introduction
of
any
evidence
of
impairment
31
caused
by
a
prescription
drug
or
any
evidence
of
the
presence
32
of
a
controlled
substance
in
a
prescribed
drug,
except
the
33
testimony
of
the
person,
without
leave
of
the
court
for
good
34
cause
shown.
35
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d.
A
person
asserting
an
affirmative
defense
directly
1
relating
to
the
person’s
prescription
or
prescriptions
waives
2
all
of
the
following:
3
(1)
The
confidentiality
privilege
pursuant
to
section
4
622.10.
5
(2)
Any
privilege
or
nondisclosure
requirement
under
state
6
or
federal
privacy
laws.
7
EXPLANATION
8
This
bill
relates
to
prescription
drug
or
controlled
9
substance
medication
defenses
in
operating-while-intoxicated
10
cases.
11
Under
current
law,
a
person’s
use
of
a
valid
drug
12
prescription
taken
in
accordance
with
the
directions
of
13
a
medical
practitioner
or
pharmacist
is
a
defense
to
an
14
operating-while-intoxicated
(OWI)
charge
if
there
is
no
15
evidence
of
alcohol
consumption
and
the
medical
practitioner
or
16
pharmacist
did
not
direct
the
person
to
refrain
from
operating
17
a
motor
vehicle.
The
bill
amends
this
law
to
provide
that
18
a
person
who
is
charged
with
an
OWI
violation
while
under
19
the
influence
of
an
alcoholic
beverage
or
other
drug
or
a
20
combination
of
both
who
has
consented
to
testing
in
accordance
21
with
Code
section
321J.6
may
assert,
as
an
affirmative
defense,
22
that
the
drug
involved
was
prescribed
or
dispensed
for
the
23
person
and
was
taken
in
accordance
with
the
directions
of
a
24
practitioner
and
the
labeling
directions
of
the
pharmacy,
if
25
there
is
no
evidence
of
the
consumption
of
alcohol
and
there
is
26
evidence
the
prescriber
affirmatively
permitted
the
person
to
27
operate
a
motor
vehicle.
28
Current
law
also
provides
that
a
person
charged
with
an
29
OWI
offense
based
upon
the
presence
of
a
controlled
substance
30
in
the
person’s
blood
or
urine
may
assert,
as
an
affirmative
31
defense,
that
the
controlled
substance
was
prescribed
or
32
dispensed
for
the
person
and
was
taken
in
accordance
with
the
33
directions
of
a
practitioner
and
the
labeling
directions
of
the
34
pharmacy.
35
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_____
The
bill
provides
that
a
person
asserting
an
affirmative
1
prescription
drug
defense
is
required
to
provide
notice
to
2
the
state
not
later
than
40
days
after
arraignment.
At
the
3
time
notice
is
provided,
the
person
is
required
to
provide
a
4
list
of
witnesses
and
shall
allow
the
state
to
inspect
and
5
copy
any
records
or
statements
upon
which
the
witnesses
will
6
rely
in
testifying.
Failure
to
comply
with
these
requirements
7
bars
introduction
of
any
evidence
of
impairment
caused
by
8
a
prescription
drug
or
any
evidence
of
the
presence
of
a
9
controlled
substance
in
a
prescribed
drug,
except
the
testimony
10
of
the
person,
without
leave
of
the
court
for
good
cause
shown.
11
The
bill
provides
that
a
person
asserting
an
affirmative
12
defense
directly
relating
to
the
person’s
prescription
or
13
prescriptions
waives
the
confidentiality
privilege
pursuant
to
14
Code
section
622.10
(confidential
professional
communications)
15
and
any
privilege
or
nondisclosure
requirement
under
state
or
16
federal
privacy
laws.
17
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