HF 2132 (LSB 5137YH (3) 86)

HOUSE FILE 2132

BY  KLEIN

A BILL FOR

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

    Section 1.  Section 147A.1, Code 2016, is amended by adding the following new subsections:
   NEW SUBSECTION.  6A.  “First responder” means an emergency medical care provider, a fire fighter, or a peace officer as defined in section 801.4.
   NEW SUBSECTION.  6B.  “Licensed health care professional” means the same as defined in section 280.16.
   NEW SUBSECTION.  6C.  “Opioid antagonist” means a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration.
   NEW SUBSECTION.  6D.  “Opioid-related overdose” means a condition affecting a person which may include extreme physical illness, a decreased level of consciousness, respiratory depression, a coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.
    Sec. 2.  NEW SECTION.  147A.18  Possession and administration of an opioid antagonist —— immunity.
   1.  Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist in the name of a service program, law enforcement agency, or fire department to be maintained for use as provided in this section.
   2.  A service program, law enforcement agency, or fire department may obtain a prescription for and maintain a supply of opioid antagonists. A service program, law enforcement agency, or fire department that obtains such a prescription shall replace an opioid antagonist upon its use or expiration. 
   3.  A first responder employed by a service program, law enforcement agency, or fire department that maintains a supply of opioid antagonists pursuant to this section may possess and provide or administer such an opioid antagonist to an individual if the first responder reasonably and in good faith believes that such individual is experiencing an opioid-related overdose.
   4.  The following persons, provided they have acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an opioid antagonist as provided in this section:
   a.  A first responder who provides, administers, or assists in the administration of an opioid antagonist to an individual as provided in this section.
   b.  A service program, law enforcement agency, or fire department.
   c.  The prescriber of the opioid antagonist.
   5.  The department shall adopt rules pursuant to chapter 17A to implement and administer this section, including but not limited to standards and procedures for the prescription, distribution, storage, replacement, and administration of opioid antagonists, and for the training required for first responders to administer an opioid antagonist.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill authorizes emergency medical service programs, law enforcement agencies, and fire departments to obtain a supply of opioid antagonists, and first responders to possess opioid antagonists for administration to drug overdose victims.
   The bill defines “first responder” as an emergency medical care provider, a fire fighter, or a peace officer as defined in Code section 801.4. The bill defines “licensed health care professional” as a person licensed under Code chapter 148 to practice medicine and surgery or osteopathic medicine and surgery, an advanced registered nurse practitioner licensed under Code chapter 152 or 152E and registered with the board of nursing, or a physician assistant licensed to practice under the supervision of a physician as authorized in Code chapters 147 and 148C. “Opioid antagonist” is defined as a drug that binds to opioid receptors and blocks or inhibits the effects of opioids acting on those receptors, including but not limited to naloxone hydrochloride or any other similarly acting drug approved by the United States food and drug administration. The bill defines “opioid-related overdose” as a condition affecting a person which may include extreme physical illness, a decreased level of consciousness, respiratory depression, a coma, or the ceasing of respiratory or circulatory function resulting from the consumption or use of an opioid, or another substance with which an opioid was combined.
   The bill provides that a licensed health care professional may prescribe an opioid antagonist in the name of a service program, law enforcement agency, or fire department. The service program, law enforcement agency, or fire department may maintain a supply of opioid antagonists. From that supply, a first responder may possess and administer an opioid antagonist to an individual, so long as the first responder reasonably and in good faith believes that such individual is experiencing an opioid-related overdose.
   The bill provides immunity from legal liability to any first responder, emergency medical service program, law enforcement agency, fire department, and the person who prescribed the opioid antagonist from any injury arising from the provision or administration of an opioid antagonist, so long as such person acted reasonably and in good faith.
   The bill directs the department of public health to adopt rules to implement and administer the bill, including but not limited to standards and procedures for the prescription, distribution, storage, replacement, and administration of opioid antagonists, and for training to be required for first responders to administer an opioid antagonist.