House
File
562
H-1202
Amend
House
File
562
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
2
and
inserting:
3
<
Section
1.
STUDY
——
PRESCRIPTION
DRUG
OR
4
CONTROLLED
SUBSTANCE
MEDICATION
DEFENSE
IN
5
OPERATING-WHILE-INTOXICATED
CASES.
The
legislative
6
council
is
requested
to
establish
an
interim
study
7
committee
to
review
the
provisions
of
Code
section
8
321J.2,
subsection
11,
relating
to
the
prescription
9
drug
or
controlled
substance
medication
defense
in
10
a
criminal
operating-while-intoxicated
case
and
to
11
consider
the
application
of
such
a
defense
in
an
12
administrative
license
revocation
proceeding
based
on
13
an
operating-while-intoxicated
offense.
Committee
14
discussion
shall
include
but
not
be
limited
to
15
whether
the
prescription
drug
or
controlled
substance
16
medication
defense
should
be
confined
to
criminal
17
operating-while-intoxicated
cases,
whether
the
18
prescription
drug
or
controlled
substance
medication
19
defense
should
be
included
in
an
implied
consent
20
warning,
and
if
so,
what
type
of
medical
warning
about
21
the
use
of
the
prescription
medication
and
driving
22
should
be
required.
The
committee
shall
include
at
23
least
four
members
of
the
general
assembly
and
persons
24
with
expertise
in
operating-while-intoxicated
cases
25
including
representatives
from
the
department
of
26
transportation,
the
department
of
justice,
prosecution
27
and
defense
counsel,
and
the
medical
community
28
including
a
representative
from
the
pharmacy
community.
29
The
study
committee
shall
issue
a
report
to
the
general
30
assembly
containing
its
findings
and
recommendations
31
by
January
15,
2014.
>
32
2.
Title
page,
line
1,
after
<
Act
>
by
inserting
33
<
creating
a
study
>
34
______________________________
M.
SMITH
of
Marshall
-1-
HF562.1146
(4)
85
rh/nh
1/
1
#1.
#2.