Bill Text: IA HF2132 | 2015-2016 | 86th General Assembly | Introduced


Bill Title: A bill for an act relating to the possession and administration of emergency drugs by first responders for purposes of treating drug overdose victims. (See Cmte. Bill HF 2380)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-03-23 - Withdrawn. H.J. 546. [HF2132 Detail]

Download: Iowa-2015-HF2132-Introduced.html
House File 2132 - Introduced




                                 HOUSE FILE       
                                 BY  KLEIN

                                      A BILL FOR

  1 An Act relating to the possession and administration of
  2    emergency drugs by first responders for purposes of treating
  3    drug overdose victims.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 147A.1, Code 2016, is amended by adding
  1  2 the following new subsections:
  1  3    NEW SUBSECTION.  6A.  "First responder" means an emergency
  1  4 medical care provider, a fire fighter, or a peace officer as
  1  5 defined in section 801.4.
  1  6    NEW SUBSECTION.  6B.  "Licensed health care professional"
  1  7 means the same as defined in section 280.16.
  1  8    NEW SUBSECTION.  6C.  "Opioid antagonist" means a drug that
  1  9 binds to opioid receptors and blocks or inhibits the effects of
  1 10 opioids acting on those receptors, including but not limited
  1 11 to naloxone hydrochloride or any other similarly acting drug
  1 12 approved by the United States food and drug administration.
  1 13    NEW SUBSECTION.  6D.  "Opioid=related overdose" means
  1 14 a condition affecting a person which may include extreme
  1 15 physical illness, a decreased level of consciousness,
  1 16 respiratory depression, a coma, or the ceasing of respiratory
  1 17 or circulatory function resulting from the consumption or use
  1 18 of an opioid, or another substance with which an opioid was
  1 19 combined.
  1 20    Sec. 2.  NEW SECTION.  147A.18  Possession and administration
  1 21 of an opioid antagonist == immunity.
  1 22    1.  Notwithstanding any other provision of law to the
  1 23 contrary, a licensed health care professional may prescribe
  1 24 an opioid antagonist in the name of a service program, law
  1 25 enforcement agency, or fire department to be maintained for use
  1 26 as provided in this section.
  1 27    2.  A service program, law enforcement agency, or fire
  1 28 department may obtain a prescription for and maintain a supply
  1 29 of opioid antagonists. A service program, law enforcement
  1 30 agency, or fire department that obtains such a prescription
  1 31 shall replace an opioid antagonist upon its use or expiration.
  1 32    3.  A first responder employed by a service program, law
  1 33 enforcement agency, or fire department that maintains a supply
  1 34 of opioid antagonists pursuant to this section may possess
  1 35 and provide or administer such an opioid antagonist to an
  2  1 individual if the first responder reasonably and in good faith
  2  2 believes that such individual is experiencing an opioid=related
  2  3 overdose.
  2  4    4.  The following persons, provided they have acted
  2  5 reasonably and in good faith, shall not be liable for any
  2  6 injury arising from the provision, administration, or
  2  7 assistance in the administration of an opioid antagonist as
  2  8 provided in this section:
  2  9    a.  A first responder who provides, administers, or assists
  2 10 in the administration of an opioid antagonist to an individual
  2 11 as provided in this section.
  2 12    b.  A service program, law enforcement agency, or fire
  2 13 department.
  2 14    c.  The prescriber of the opioid antagonist.
  2 15    5.  The department shall adopt rules pursuant to chapter
  2 16 17A to implement and administer this section, including but
  2 17 not limited to standards and procedures for the prescription,
  2 18 distribution, storage, replacement, and administration of
  2 19 opioid antagonists, and for the training required for first
  2 20 responders to administer an opioid antagonist.
  2 21                           EXPLANATION
  2 22 The inclusion of this explanation does not constitute agreement with
  2 23 the explanation's substance by the members of the general assembly.
  2 24    This bill authorizes emergency medical service programs, law
  2 25 enforcement agencies, and fire departments to obtain a supply
  2 26 of opioid antagonists, and first responders to possess opioid
  2 27 antagonists for administration to drug overdose victims.
  2 28    The bill defines "first responder" as an emergency medical
  2 29 care provider, a fire fighter, or a peace officer as defined
  2 30 in Code section 801.4. The bill defines "licensed health care
  2 31 professional" as a person licensed under Code chapter 148 to
  2 32 practice medicine and surgery or osteopathic medicine and
  2 33 surgery, an advanced registered nurse practitioner licensed
  2 34 under Code chapter 152 or 152E and registered with the board of
  2 35 nursing, or a physician assistant licensed to practice under
  3  1 the supervision of a physician as authorized in Code chapters
  3  2 147 and 148C.  "Opioid antagonist" is defined as a drug that
  3  3 binds to opioid receptors and blocks or inhibits the effects of
  3  4 opioids acting on those receptors, including but not limited
  3  5 to naloxone hydrochloride or any other similarly acting drug
  3  6 approved by the United States food and drug administration.
  3  7 The bill defines "opioid=related overdose" as a condition
  3  8 affecting a person which may include extreme physical illness,
  3  9 a decreased level of consciousness, respiratory depression, a
  3 10 coma, or the ceasing of respiratory or circulatory function
  3 11 resulting from the consumption or use of an opioid, or another
  3 12 substance with which an opioid was combined.
  3 13    The bill provides that a licensed health care professional
  3 14 may prescribe an opioid antagonist in the name of a service
  3 15 program, law enforcement agency, or fire department. The
  3 16 service program, law enforcement agency, or fire department may
  3 17 maintain a supply of opioid antagonists. From that supply, a
  3 18 first responder may possess and administer an opioid antagonist
  3 19 to an individual, so long as the first responder reasonably and
  3 20 in good faith believes that such individual is experiencing an
  3 21 opioid=related overdose.
  3 22    The bill provides immunity from legal liability to any first
  3 23 responder, emergency medical service program, law enforcement
  3 24 agency, fire department, and the person who prescribed the
  3 25 opioid antagonist from any injury arising from the provision or
  3 26 administration of an opioid antagonist, so long as such person
  3 27 acted reasonably and in good faith.
  3 28    The bill directs the department of public health to adopt
  3 29 rules to implement and administer the bill, including but not
  3 30 limited to standards and procedures for the prescription,
  3 31 distribution, storage, replacement, and administration of
  3 32 opioid antagonists, and for training to be required for first
  3 33 responders to administer an opioid antagonist.
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