SF 500 (LSB 1148SV (2) 88)

SENATE FILE 500

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 125)

(COMPANION TO HF 580 BY BERGAN)

A BILL FOR

An Act relating to the establishment of a needle exchange pilot program by the Iowa department of public health. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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