House File 2207 - Introduced HOUSE FILE 2207 BY MASCHER , HUNTER , KACENA , NIELSEN , JACOBY , OLSON , KRESSIG , FORBES , McCONKEY , WESSEL-KROESCHELL , BROWN-POWERS , ISENHART , GAINES , ANDERSON , GASKILL , OLDSON , WINCKLER , LENSING , KURTH , STAED , KEARNS , T. TAYLOR , and BRECKENRIDGE A BILL FOR An Act relating to the criminal offense of manufacturing, 1 delivering, selling, or possessing drug paraphernalia and 2 the establishment of a syringe services program. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5869YH (3) 87 jm/rh

H.F. 2207 Section 1. Section 124.414, subsection 1, paragraph b, Code 1 2018, is amended to read as follows: 2 b. “Drug paraphernalia” does not include hypodermic needles 3 or syringes if manufactured, delivered, sold, or possessed for 4 a lawful purpose. “Lawful purpose” includes hypodermic needles 5 or syringes delivered, sold, or possessed through an approved 6 syringe services program established pursuant to rules adopted 7 by the department of public health. 8 Sec. 2. Section 135.19, Code 2018, is amended by adding the 9 following new subsection: 10 NEW SUBSECTION . 3. The department shall establish and 11 implement a syringe services program for persons who unlawfully 12 inject controlled substances and who are at an increased risk 13 for exposure to hepatitis B or hepatitis C. The program 14 shall include hepatitis C testing, referrals for treatment 15 of substance use disorders, and training for opioid overdose 16 prevention and reversal. 17 Sec. 3. Section 141A.3, subsection 2, Code 2018, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . g. Establish and implement a syringe 20 services program for persons who unlawfully inject controlled 21 substances and who are at risk of HIV infection. The program 22 shall include testing for HIV infection, referrals for 23 treatment of substance use disorders, and training in opioid 24 overdose prevention and reversal. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the criminal offense of manufacturing, 29 delivering, selling, or possessing drug paraphernalia and the 30 establishment of a syringe exchange program. 31 Currently, a person who illegally manufactures, delivers, 32 sells, or possesses drug paraphernalia commits a simple 33 misdemeanor under Code section 124.414. Current law also 34 provides that “drug paraphernalia” does not include hypodermic 35 -1- LSB 5869YH (3) 87 jm/rh 1/ 2

H.F. 2207 needles or syringes if manufactured, delivered, sold, or 1 possessed for a lawful purpose. The bill specifies that 2 “lawful purpose” includes hypodermic needles or syringes 3 delivered, sold, or possessed through an approved syringe 4 services exchange program established pursuant to rules adopted 5 by the department of public health. 6 The bill provides that the Iowa department of public health 7 shall establish and implement a syringe services program for 8 persons who unlawfully inject controlled substances and who are 9 at an increased risk for exposure to hepatitis B or hepatitis 10 C. The program shall include hepatitis C testing, referrals 11 for treatment of substance use disorders, and training for 12 opioid overdose prevention and reversal. 13 The bill provides that the Iowa department of public health 14 shall also establish and implement a syringe services program 15 for people who unlawfully inject controlled substances and 16 who are at risk of HIV infection. The program shall include 17 testing for HIV infection, referrals for treatment of substance 18 use disorders, and training in opioid overdose prevention and 19 reversal. 20 -2- LSB 5869YH (3) 87 jm/rh 2/ 2