HF 2207 (LSB 5869YH (3) 87)

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, delivering, selling, or possessing drug paraphernalia and the establishment of a syringe services program.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.414, subsection 1, paragraph b, Code 2018, is amended to read as follows:
   b.  “Drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.  “Lawful purpose” includes hypodermic needles or syringes delivered, sold, or possessed through an approved syringe services program established pursuant to rules adopted by the department of public health.
    Sec. 2.  Section 135.19, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The department shall establish and implement a syringe services program for persons who unlawfully inject controlled substances and who are at an increased risk for exposure to hepatitis B or hepatitis C. The program shall include hepatitis C testing, referrals for treatment of substance use disorders, and training for opioid overdose prevention and reversal.
    Sec. 3.  Section 141A.3, subsection 2, Code 2018, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  g.  Establish and implement a syringe services program for persons who unlawfully inject controlled substances and who are at risk of HIV infection. The program shall include testing for HIV infection, referrals for treatment of substance use disorders, and training in opioid overdose prevention and reversal.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the criminal offense of manufacturing, delivering, selling, or possessing drug paraphernalia and the establishment of a syringe exchange program.
   Currently, a person who illegally manufactures, delivers, sells, or possesses drug paraphernalia commits a simple misdemeanor under Code section 124.414. Current law also provides that “drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose. The bill specifies that “lawful purpose” includes hypodermic needles or syringes delivered, sold, or possessed through an approved syringe services exchange program established pursuant to rules adopted by the department of public health.
   The bill provides that the Iowa department of public health shall establish and implement a syringe services program for persons who unlawfully inject controlled substances and who are at an increased risk for exposure to hepatitis B or hepatitis C. The program shall include hepatitis C testing, referrals for treatment of substance use disorders, and training for opioid overdose prevention and reversal.
   The bill provides that the Iowa department of public health shall also establish and implement a syringe services program for people who unlawfully inject controlled substances and who are at risk of HIV infection. The program shall include testing for HIV infection, referrals for treatment of substance use disorders, and training in opioid overdose prevention and reversal.