Bill Text: IA HF580 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to the establishment of a needle exchange pilot program by the Iowa department of public health.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-03-04 - Introduced, referred to Human Resources. H.J. 386. [HF580 Detail]
Download: Iowa-2019-HF580-Introduced.html
House
File
580
-
Introduced
HOUSE
FILE
580
BY
BERGAN
A
BILL
FOR
An
Act
relating
to
the
establishment
of
a
needle
exchange
pilot
1
program
by
the
Iowa
department
of
public
health.
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
2019,
is
amended
to
read
as
follows:
2
b.
“Drug
paraphernalia”
does
not
include
hypodermic
needles
3
or
syringes
if
manufactured,
delivered,
sold,
or
possessed
4
for
a
lawful
purpose.
For
purposes
of
this
section,
“lawful
5
purpose”
includes
hypodermic
needles
or
syringes
delivered,
6
sold,
or
possessed
through
an
approved
needle
exchange
pilot
7
program
established
pursuant
to
section
135.26A
and
rules
8
adopted
by
the
department
of
public
health.
9
Sec.
2.
Section
135.11,
Code
2019,
is
amended
by
adding
the
10
following
new
subsection:
11
NEW
SUBSECTION
.
30.
Administer
a
needle
exchange
pilot
12
program
pursuant
to
section
135.26A
in
cooperation
with
13
the
department
of
public
safety,
the
governor’s
office
14
of
drug
policy,
and
cities,
counties,
and
nongovernmental
15
organizations.
16
Sec.
3.
NEW
SECTION
.
135.26A
Needle
exchange
pilot
program.
17
1.
For
purposes
of
this
section:
18
a.
“Department”
means
the
department
of
public
health.
19
b.
“Needle
exchange
pilot
program”
or
“pilot
program”
means
a
20
program
that
promotes
scientifically
proven
ways
of
mitigating
21
health
risks
associated
with
drug
use
and
other
high-risk
22
behaviors
that
is
designated
and
approved
by
the
department
and
23
implemented
by
a
city,
county,
or
nongovernmental
organization.
24
c.
“Participating
jurisdiction”
means
a
city,
county,
or
25
nongovernmental
organization
selected
by
the
department
to
26
participate
in
a
pilot
program
created
under
this
section.
27
d.
“Residual
amount”
means
an
amount
of
a
controlled
28
substance
not
exceeding
twenty-five
milligrams.
29
2.
A
needle
exchange
pilot
program
is
created
in
the
30
department
and
shall
be
administered
by
a
division
of
the
31
department
in
cooperation
with
the
department
of
public
safety,
32
the
governor’s
office
of
drug
control
policy,
and
cities,
33
counties,
and
nongovernmental
organizations.
34
3.
a.
The
objectives
of
a
pilot
program
established
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pursuant
to
this
section
shall
be
all
of
the
following:
1
(1)
To
reduce
the
spread
of
viral
hepatitis,
HIV,
and
other
2
medical
illnesses
caused
by
infectious
agents.
3
(2)
To
reduce
needle-stick
injuries
to
law
enforcement
4
officers
and
other
emergency
personnel.
5
(3)
To
encourage
persons
who
inject
drugs
to
enroll
in
6
evidence-based
treatment
for
substance
use
disorders.
7
b.
A
pilot
program
shall
offer
all
of
the
following:
8
(1)
Disposal
sites
for
used
hypodermic
needles
and
9
syringes.
10
(2)
Hypodermic
needles,
syringes,
and
other
injection
11
supplies
at
no
cost
and
in
quantities
sufficient
to
ensure
that
12
hypodermic
needles,
syringes,
and
other
injection
supplies
are
13
not
shared
or
reused.
14
(3)
Educational
materials
or
referrals
including
15
information
on
all
of
the
following:
16
(a)
Overdose
prevention
and
naloxone
administration,
17
including
access
to
kits
that
contain
naloxone.
18
(b)
The
prevention
of
HIV,
viral
hepatitis,
endocarditis,
19
and
other
bacterial
infections
associated
with
intravenous
drug
20
use.
21
(c)
HIV
and
hepatitis
C
testing.
22
(d)
Evidence-based
treatment
for
persons
with
substance
use
23
disorders.
24
(e)
Treatment
for
persons
with
mental
illness.
25
c.
The
department
shall
solicit
applications
from
interested
26
jurisdictions
and
shall
work
with
selected
applicants
for
27
the
purpose
of
establishing
a
pilot
program
in
participating
28
jurisdictions.
29
d.
Pilot
programs
shall
be
established
in
five
participating
30
jurisdictions
for
a
period
of
five
years.
A
jurisdiction
31
wishing
to
participate
in
a
pilot
program
shall
submit
an
32
application
to
the
department.
If
a
jurisdiction
is
selected
33
by
the
department
for
participation
in
a
pilot
program,
the
34
department
shall
assist
the
participating
jurisdiction
in
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establishing
and
administering
the
program
in
that
jurisdiction
1
in
compliance
with
this
section.
2
e.
The
department
shall
utilize
HIV
and
hepatitis
3
integrated
testing
programs,
the
health
resources
and
services
4
administration’s
Ryan
White
HIV/AIDS
program,
and
the
bureau
5
of
substance
abuse
integrated
provider
network
for
support
6
services,
supplies,
and
medications
for
the
pilot
program.
7
4.
An
employee
of,
or
a
volunteer
or
participant
in,
a
pilot
8
program
shall
not
be
charged
with
or
prosecuted
for
possession
9
of
any
of
the
following:
10
a.
A
hypodermic
needle,
syringe,
or
other
injection
supply
11
item
obtained
from
or
returned
to
a
pilot
program.
12
b.
A
residual
amount
of
a
controlled
substance
contained
13
in
a
used
hypodermic
needle,
used
hypodermic
syringe,
or
used
14
injection
supply
item
obtained
from
or
returned
to
a
pilot
15
program.
16
5.
a.
Subsection
4
only
applies
if
an
employee
of,
or
a
17
volunteer
or
participant
in,
a
pilot
program
claiming
immunity
18
provides,
upon
request
of
a
law
enforcement
officer,
a
pilot
19
program
identification
card
issued
by
the
department
verifying
20
that
a
hypodermic
needle,
syringe,
or
other
injection
supply
21
item
was
obtained
by
the
participant
from
a
pilot
program
22
authorized
pursuant
to
this
section.
23
b.
A
pilot
program
identification
card
shall
include
a
24
unique
identifying
number
assigned
to
each
individual
pilot
25
program
participant
and
must
be
verifiable
by
the
department.
26
6.
If
a
law
enforcement
officer
in
good
faith
issues
a
27
charge
in
violation
of
subsection
4,
the
law
enforcement
28
officer
shall
not
be
held
civilly
or
criminally
liable.
29
7.
Upon
completion
of
the
five-year
pilot
program,
the
30
department,
in
cooperation
with
the
department
of
public
safety
31
and
the
governor’s
office
of
drug
control
policy,
shall
submit
32
a
pilot
program
progress
report
to
the
general
assembly
by
33
December
1,
2025.
The
program
progress
report
shall
detail
34
the
effectiveness
of
the
pilot
program
established
under
this
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section
and
shall
make
recommendations
concerning
program
1
continuation
or
termination.
2
8.
The
Iowa
department
of
public
health
shall
adopt
rules
3
pursuant
to
chapter
17A
to
administer
this
section.
4
9.
This
section
is
repealed
July
1,
2026.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
establishment
of
a
needle
exchange
9
pilot
program
by
the
Iowa
department
of
public
health
(DPH).
10
The
bill
creates
a
needle
exchange
pilot
program
to
be
11
administered
by
DPH
in
cooperation
with
the
department
of
12
public
safety,
the
governor’s
office
of
drug
control
policy,
13
cities,
counties,
and
nongovernmental
organizations.
14
The
bill
defines
“needle
exchange
pilot
program”
(pilot
15
program)
as
a
program
that
promotes
scientifically
proven
ways
16
of
mitigating
health
risks
associated
with
drug
use
and
other
17
high-risk
behaviors
that
is
designated
and
approved
by
DPH
and
18
implemented
by
a
city,
county,
or
nongovernmental
organization.
19
The
objectives
of
a
pilot
program
established
pursuant
20
to
the
bill
include
reducing
the
spread
of
viral
hepatitis,
21
HIV,
and
other
medical
illnesses
caused
by
infectious
agents,
22
reducing
needle-stick
injuries
to
law
enforcement
officers
and
23
other
emergency
personnel,
and
encouraging
persons
who
inject
24
drugs
to
enroll
in
evidence-based
treatment
for
substance
use
25
disorders.
26
A
pilot
program
established
pursuant
to
the
bill
shall
27
offer
disposal
sites
for
used
hypodermic
needles
and
syringes;
28
hypodermic
needles,
syringes,
and
other
injection
supplies
at
29
no
cost
and
in
quantities
sufficient
to
ensure
that
hypodermic
30
needles,
syringes,
and
other
injection
supplies
are
not
shared
31
or
reused;
and
educational
materials
that
include
information
32
relating
to
overdose
prevention
and
naloxone
administration,
33
including
access
to
kits
that
contain
naloxone;
the
prevention
34
of
HIV,
viral
hepatitis,
endocarditis,
and
other
bacterial
35
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infections
associated
with
intravenous
drug
use;
HIV
and
1
hepatitis
C
testing;
evidence-based
treatment
for
persons
with
2
substance
use
disorders;
and
treatment
for
persons
with
mental
3
illness.
4
The
bill
provides
that
the
department
shall
solicit
5
applications
from
interested
jurisdictions
and
shall
work
with
6
selected
applicants
for
the
purpose
of
establishing
a
pilot
7
program
in
the
participating
jurisdictions.
Pilot
programs
8
shall
be
established
in
five
participating
jurisdictions
for
9
a
period
of
five
years.
The
department
shall
assist
the
10
participating
jurisdiction
in
establishing
and
administering
11
a
pilot
program
in
that
jurisdiction
in
compliance
with
12
the
bill.
The
department
shall
utilize
HIV
and
hepatitis
13
integrated
testing
programs,
the
health
resources
and
services
14
administration’s
Ryan
White
HIV/AIDS
program,
and
the
bureau
15
of
substance
abuse
integrated
provider
network
for
support
16
services,
supplies,
and
medications
for
the
pilot
program.
17
The
bill
provides
that
an
employee
of,
or
a
volunteer
or
18
participant
in,
a
pilot
program
shall
not
be
charged
with
or
19
prosecuted
for
possession
of
a
hypodermic
needle,
syringe,
or
20
other
injection
supply
item
obtained
from
or
returned
to
a
21
pilot
program
or
a
residual
amount
of
a
controlled
substance
22
contained
in
a
used
hypodermic
needle,
used
hypodermic
syringe,
23
or
used
injection
supply
item
obtained
from
or
returned
to
24
a
pilot
program.
“Residual
amount”
is
defined
as
an
amount
25
of
a
controlled
substance
not
exceeding
25
milligrams.
This
26
immunity
provision
applies
only
if
the
person
claiming
immunity
27
provides,
upon
request
of
a
law
enforcement
officer,
a
pilot
28
program
identification
card
issued
by
DPH
verifying
that
a
29
hypodermic
needle,
syringe,
or
other
injection
supply
item
was
30
obtained
from
a
pilot
program
authorized
pursuant
to
the
bill.
31
A
pilot
program
identification
card
shall
include
a
unique
32
identifying
number
assigned
to
each
individual
pilot
program
33
participant
and
must
be
verifiable
by
DPH.
34
The
bill
provides
that
if
a
law
enforcement
officer
in
good
35
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faith
issues
a
charge
in
violation
of
the
immunity
provisions
1
of
the
bill,
the
law
enforcement
officer
shall
not
be
held
2
civilly
or
criminally
liable.
3
The
bill
provides
that
at
the
completion
of
the
five-year
4
pilot
program,
the
department,
in
cooperation
with
the
5
department
of
public
safety
and
the
governor’s
office
of
drug
6
control
policy,
shall
submit
a
pilot
program
progress
report
to
7
the
general
assembly
by
December
1,
2025.
The
pilot
program
8
progress
report
shall
detail
the
effectiveness
of
the
pilot
9
program
and
shall
make
recommendations
concerning
program
10
continuation
or
termination.
The
bill
provides
the
pilot
11
program
shall
be
repealed
July
1,
2026.
12
The
bill
provides
that
DPH
shall
adopt
rules
pursuant
to
Code
13
chapter
17A
to
administer
the
bill.
14
Under
current
law,
a
person
who
illegally
manufactures,
15
delivers,
sells,
or
possesses
drug
paraphernalia
commits
a
16
simple
misdemeanor
under
Code
section
124.414.
The
bill
makes
17
a
conforming
Code
change
to
Code
section
124.414
by
exempting
18
hypodermic
needles
or
syringes
delivered,
sold,
or
possessed
19
through
the
pilot
program
established
in
the
bill
from
the
20
definition
of
drug
paraphernalia.
21
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