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.