Bill Text: IA HF2296 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the provision of harm reduction vending machines.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2024-02-05 - Introduced, referred to Public Safety. H.J. 190. [HF2296 Detail]
Download: Iowa-2023-HF2296-Introduced.html
House
File
2296
-
Introduced
HOUSE
FILE
2296
BY
FORBES
A
BILL
FOR
An
Act
relating
to
the
provision
of
harm
reduction
vending
1
machines.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
124.414,
subsection
1,
paragraph
b,
Code
1
2024,
is
amended
to
read
as
follows:
2
b.
“Drug
paraphernalia”
does
not
include
hypodermic
any
of
3
the
following:
4
(1)
Hypodermic
needles
or
syringes
if
manufactured,
5
delivered,
sold,
or
possessed
for
a
lawful
purpose.
6
(2)
Equipment,
products,
or
materials
used
to
analyze
or
7
test
for
the
presence
of
fentanyl,
a
fentanyl
analog,
or
a
drug
8
adulterant
within
a
controlled
substance.
9
Sec.
2.
Section
135.190,
Code
2024,
is
amended
to
read
as
10
follows:
11
135.190
Possession
and
administration
of
opioid
antagonists
12
——
harm
reduction
vending
machines
——
immunity.
13
1.
For
purposes
of
this
section
subchapter
,
unless
the
14
context
otherwise
requires:
15
a.
“Community-based
organization”
means
a
public
or
private
16
organization
that
provides
health
or
human
services
to
meet
the
17
needs
of
a
community
including
but
not
limited
to
a
nonprofit
18
organization,
a
social
service
provider,
or
an
organization
19
providing
substance
abuse
disorder
prevention,
treatment,
20
recovery,
or
harm
reduction
services.
21
b.
“Fentanyl
test
strip”
means
equipment,
products,
or
22
materials
used
to
analyze
or
test
for
the
presence
of
fentanyl,
23
a
fentanyl
analog,
or
a
drug
adulterant
within
a
controlled
24
substance.
25
c.
“First
responder”
means
an
emergency
medical
care
26
provider,
a
registered
nurse
staffing
an
authorized
service
27
program
under
section
147A.12,
a
physician
assistant
staffing
28
an
authorized
service
program
under
section
147A.13,
a
fire
29
fighter,
or
a
peace
officer
as
defined
in
section
801.4
who
is
30
trained
and
authorized
to
administer
an
opioid
antagonist.
31
d.
“Harm
reduction
vending
machine”
means
a
vending
machine
32
stocked
with
opioid
antagonists
and
fentanyl
test
strips
that
33
are
accessed
free
of
charge
through
an
access
code
obtained
34
by
calling
the
telephone
number
or
visiting
the
internet
site
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provided
on
the
vending
machine.
1
b.
e.
“Licensed
health
care
professional”
means
the
same
as
2
defined
in
section
280.16
.
3
c.
f.
“Opioid
antagonist”
means
the
same
as
defined
in
4
section
147A.1
.
5
d.
g.
“Opioid-related
overdose”
means
the
same
as
defined
6
in
section
147A.1
.
7
e.
h.
“Person
in
a
position
to
assist”
means
a
family
8
member,
friend,
caregiver,
community-based
organization,
health
9
care
provider,
employee
of
a
substance
use
disorder
treatment
10
facility,
school
employee,
first
responder
as
defined
in
11
section
147A.1
,
or
other
person
who
may
be
in
a
place
to
render
12
aid
to
a
person
at
risk
of
experiencing
an
opioid-related
13
overdose.
14
f.
i.
“Secondary
distributor”
means
a
law
enforcement
15
agency,
emergency
medical
services
program,
fire
department,
16
school
district,
health
care
provider,
licensed
behavioral
17
health
provider,
county
health
department,
or
the
department
18
of
health
and
human
services.
19
2.
a.
Notwithstanding
any
other
provision
of
law
to
the
20
contrary,
a
licensed
health
care
professional
may
prescribe
an
21
opioid
antagonist
to
a
person
in
a
position
to
assist
or
to
a
22
secondary
distributor.
23
b.
(1)
Notwithstanding
any
other
provision
of
law
to
the
24
contrary,
a
pharmacist
licensed
under
chapter
155A
may,
by
25
standing
order
or
through
collaborative
agreement,
dispense,
26
furnish,
or
otherwise
provide
an
opioid
antagonist
to
a
person
27
in
a
position
to
assist
or
to
a
secondary
distributor.
28
(2)
A
pharmacist
or
secondary
distributor
who
dispenses,
29
furnishes,
or
otherwise
provides
an
opioid
antagonist
pursuant
30
to
a
valid
prescription,
standing
order,
or
collaborative
31
agreement
shall
provide
written
instruction,
which
shall
32
include
emergency,
crisis,
and
substance
use
referral
contact
33
information,
to
the
recipient
in
accordance
with
any
protocols
34
and
instructions
developed
by
the
department
under
this
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section
.
1
3.
A
person
in
a
position
to
assist
may
possess
and
provide
2
or
administer
an
opioid
antagonist
to
an
individual
if
the
3
person
in
a
position
to
assist
reasonably
and
in
good
faith
4
believes
that
such
individual
is
experiencing
an
opioid-related
5
overdose.
6
4.
a.
Notwithstanding
any
other
provision
of
law
to
the
7
contrary,
the
chief
medical
officer
of
the
department
may
issue
8
a
standing
order
that
does
not
identify
individual
patients
9
at
the
time
it
is
issued
for
the
purpose
of
dispensing
opioid
10
antagonists
to
a
person
in
a
position
to
assist.
11
b.
Notwithstanding
any
provision
of
law
to
the
contrary,
the
12
chief
medical
officer
of
the
department
shall
issue
a
standing
13
order
that
does
not
identify
individual
patients
at
the
time
14
it
is
issued
for
the
purpose
of
dispensing
opioid
antagonists
15
through
harm
reduction
vending
machines
as
provided
in
section
16
135.190B.
17
5.
A
person
in
a
position
to
assist
may
distribute
an
opioid
18
antagonist
to
any
individual
pursuant
to
this
section
.
19
6.
A
person
in
a
position
to
assist,
a
secondary
20
distributor,
or
a
prescriber
of
an
opioid
antagonist
who
has
21
acted
reasonably
and
in
good
faith
shall
not
be
liable
for
22
any
injury
arising
from
the
provision,
administration,
or
23
assistance
in
the
administration
of
an
opioid
antagonist
as
24
provided
in
this
section
.
25
7.
A
school
district
may
obtain
a
valid
prescription
for
an
26
opioid
antagonist
and
maintain
a
supply
of
opioid
antagonists
27
in
a
secure
location
at
each
location
where
a
student
may
be
28
present
for
use
as
provided
in
this
section
.
29
8.
The
department
may
adopt
rules
pursuant
to
chapter
17A
to
30
implement
and
administer
this
section
.
31
Sec.
3.
Section
135.190A,
Code
2024,
is
amended
to
read
as
32
follows:
33
135.190A
Opioid
antagonist
medication
fund.
34
1.
An
opioid
antagonist
medication
fund
for
first
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responders
is
created
within
the
state
treasury
under
the
1
control
of
the
department.
The
fund
shall
consist
of
moneys
2
appropriated
to
or
deposited
into
the
fund.
3
2.
Moneys
in
the
fund
are
appropriated
to
the
department
for
4
the
purchase,
maintenance,
and
replacement
of
opioid
antagonist
5
medication
antagonists
administered
by
first
responders
to
6
persons
experiencing
an
opioid-related
overdose
,
and
for
the
7
purchase,
maintenance,
and
replacement
of
opioid
antagonists
8
provided
through
harm
reduction
vending
machines
pursuant
9
to
section
135.190B
.
The
department
is
authorized
to
may
10
designate
moneys
in
the
fund
for
the
purchase,
maintenance,
and
11
replacement
of
opioid
antagonist
medication
antagonists
used
by
12
the
department
or
other
entities
under
this
section
.
13
3.
First
responders
may
contact
the
department
for
the
14
procurement
of
opioid
antagonist
medication
antagonists,
and
15
community-based
organizations
may
contact
the
department
for
16
the
procurement
of
opioid
antagonists
to
be
placed
in
harm
17
reduction
vending
machines
.
The
department
shall
keep
a
record
18
of
the
distribution
of
moneys
from
the
fund.
19
4.
The
fund
may
consist
of
available
federal
or
state
moneys
20
available,
as
well
as
any
available
opioid
lawsuit
settlement
21
moneys.
Funds
may
be
transferred
between
other
state
agencies
22
and
the
fund
as
appropriate.
23
5.
Notwithstanding
section
8.33
,
moneys
in
the
fund
24
that
remain
unencumbered
or
unobligated
at
the
close
of
25
a
fiscal
year
shall
not
revert
but
shall
remain
available
26
for
expenditure
for
the
purposes
designated
unless
federal
27
regulations
otherwise
require.
Notwithstanding
section
12C.7,
28
subsection
2
,
interest
or
earnings
on
moneys
in
the
fund
shall
29
be
credited
to
the
fund.
30
6.
The
department
shall
submit
a
report
to
the
general
31
assembly
on
or
before
December
31
of
each
year
which
shall
32
contain
a
list
of
deposits
and
expenditures
from
the
fund
for
33
the
prior
fiscal
year
and
the
amount
of
carryover
funds,
if
34
any,
to
be
distributed
in
the
next
fiscal
year.
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7.
For
purposes
of
this
section
:
1
a.
“First
responder”
means
an
emergency
medical
care
2
provider,
a
registered
nurse
staffing
an
authorized
service
3
program
under
section
147A.12
,
a
physician
assistant
staffing
4
an
authorized
service
program
under
section
147A.13
,
a
fire
5
fighter,
or
a
peace
officer
as
defined
in
section
801.4
who
is
6
trained
and
authorized
to
administer
an
opioid
antagonist.
7
b.
“Opioid
antagonist”
means
the
same
as
defined
in
section
8
147A.1
.
9
c.
“Opioid-related
overdose”
means
the
same
as
defined
in
10
section
147A.1
.
11
Sec.
4.
NEW
SECTION
.
135.190B
Harm
reduction
vending
12
machines
——
immunity
——
rules.
13
1.
The
department
shall
collaborate
with
the
department
14
of
public
safety,
the
Iowa
harm
reduction
coalition,
and
15
community-based
organizations
to
develop
and
implement
a
16
strategic
plan
to
place
and
continuously
stock
harm
reduction
17
vending
machines
to
make
opioid
antagonists
and
fentanyl
test
18
strips
readily
available
to
the
public
in
areas
throughout
the
19
state
with
the
highest
prevalence
of
opioid-related
overdose.
20
2.
A
person
who
controls,
manages,
or
legally
accesses
a
21
harm
reduction
vending
machine
and
who
acts
reasonably
and
in
22
good
faith
shall
not
be
liable
for
any
injury
arising
from
the
23
provision,
administration,
or
assistance
in
the
administration
24
of
an
opioid
antagonist
accessed
through
a
harm
reduction
25
vending
machine
as
provided
in
this
section.
26
3.
The
department
shall
adopt
rules
pursuant
to
chapter
17A
27
to
administer
this
section.
28
Sec.
5.
CODE
EDITOR
DIRECTIVE.
The
Code
editor
is
directed
29
to
rename
subchapter
XXXIII
in
chapter
135
“OPIOID
ANTAGONISTS
30
——
QUALIFIED
IMMUNITY
——
FUND
——
HARM
REDUCTION
VENDING
31
MACHINES”
and
include
sections
135.190
through
135.190B.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
the
provision
of
harm
reduction
vending
1
machines.
The
bill
amends
Code
section
135.190
(possession
and
2
administration
of
opioid
antagonists
——
immunity)
to
provide
3
definitions
used
in
the
bill
including
“harm
reduction
vending
4
machine”
which
is
defined
as
a
vending
machine
stocked
with
5
opioid
antagonists
and
fentanyl
test
strips
that
are
accessed
6
free
of
charge
through
the
use
of
an
access
code
obtained
by
7
calling
the
telephone
number
or
visiting
the
internet
site
8
provided
on
the
vending
machine.
Code
section
135.190
is
also
9
amended
to
require
that,
notwithstanding
any
provision
of
law
10
to
the
contrary,
the
chief
medical
officer
of
the
department
of
11
health
and
human
services
(HHS)
shall
issue
a
standing
order
12
that
does
not
identify
individual
patients
at
the
time
it
is
13
issued
for
the
purpose
of
dispensing
opioid
antagonists
through
14
harm
reduction
vending
machines.
15
The
bill
amends
Code
section
135.190A
(opioid
antagonist
16
medication
fund)
to
provide
that
the
moneys
in
the
fund
and
17
appropriated
to
HHS
may
be
used
for
the
purchase,
maintenance,
18
and
replacement
of
opioid
antagonists
to
be
placed
in
harm
19
reduction
vending
machines;
and
to
provide
that
community-based
20
organizations
may
contact
HHS
for
the
procurement
of
opioid
21
antagonists
to
be
placed
in
harm
reduction
vending
machines.
22
The
bill
creates
new
Code
section
135.190B
(harm
reduction
23
vending
machines
——
immunity
——
rules).
The
bill
requires
24
HHS
to
collaborate
with
the
department
of
public
safety,
25
the
Iowa
harm
reduction
coalition,
and
community-based
26
organizations
to
develop
and
implement
a
strategic
plan
to
27
place
and
continuously
stock
harm
reduction
vending
machines
28
to
make
opioid
antagonists
and
fentanyl
test
strips
available
29
to
the
public
in
areas
throughout
the
state
with
the
highest
30
prevalence
of
opioid-related
overdose.
The
bill
provides
that
31
a
person
who
controls,
manages,
or
legally
accesses
a
harm
32
reduction
vending
machine
and
who
acts
reasonably
and
in
good
33
faith
shall
not
be
liable
for
any
injury
arising
from
the
34
provision,
administration,
or
assistance
in
the
administration
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of
an
opioid
antagonist
accessed
through
a
harm
reduction
1
vending
machine.
HHS
shall
adopt
administrative
rules
to
2
administer
the
new
Code
section.
3
Under
current
Code
section
124.414
(drug
paraphernalia)
a
4
person
who
knowingly
or
intentionally
manufactures,
delivers,
5
sells,
or
possesses
drug
paraphernalia
commits
a
simple
6
misdemeanor.
A
simple
misdemeanor
is
punishable
by
confinement
7
for
no
more
than
30
days
and
a
fine
of
at
least
$105
but
not
8
more
than
$855.
The
bill
exempts
from
the
definition
of
9
“drug
paraphernalia”
equipment,
products,
or
materials
used
10
to
analyze
or
test
for
the
presence
of
fentanyl,
a
fentanyl
11
analog,
or
a
drug
adulterant
within
a
controlled
substance.
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