House
File
2573
-
Enrolled
House
File
2573
AN
ACT
CREATING
FUNDS
RELATING
TO
THE
ABATEMENT
OF
AND
RESPONSE
TO
OPIOID
USE,
ALLOWING
SCHOOL
DISTRICTS
TO
OBTAIN
OPIOID
ANTAGONIST
PRESCRIPTIONS,
AND
MAKING
AN
APPROPRIATION.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
12.51
Opioid
settlement
fund.
1.
An
opioid
settlement
fund
is
created
in
the
office
of
the
treasurer
of
state.
The
fund
shall
be
separate
from
the
general
fund
of
the
state
and
the
balance
in
the
fund
shall
not
be
considered
part
of
the
balance
of
the
general
fund
of
the
state.
The
state
portion
of
any
moneys
paid
to
the
state
as
a
result
of
a
national
settlement
of
litigation
with
entities
that
manufactured,
marketed,
sold,
distributed,
dispensed,
or
promoted
opioids,
made
in
connection
with
claims
arising
from
the
manufacturing,
marketing,
selling,
distributing,
dispensing,
or
promoting
of
opioids,
shall
be
deposited
in
the
fund.
This
subsection
does
not
apply
to
such
moneys
paid
to
the
state
that
are
earmarked
for
or
otherwise
required
to
be
transferred
or
distributed
to
counties,
cities,
or
other
local
governmental
entities.
2.
Moneys
in
the
fund
shall
not
be
transferred,
used,
obligated,
appropriated,
or
otherwise
encumbered
except
as
provided
in
this
section.
Moneys
in
the
fund
shall
only
be
used
pursuant
to
appropriations
from
the
fund
by
the
general
assembly
for
purposes
of
abating
the
opioid
crisis
in
this
House
File
2573,
p.
2
state,
which
may
include
but
are
not
limited
to
the
purposes
specified
in
section
135.190A
for
moneys
in
the
opioid
antagonist
medication
fund.
3.
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
Sec.
2.
Section
135.190,
subsection
1,
paragraph
d,
Code
2022,
is
amended
to
read
as
follows:
d.
“Person
in
a
position
to
assist”
means
a
family
member,
friend,
caregiver,
health
care
provider,
employee
of
a
substance
abuse
treatment
facility,
school
employee,
or
other
person
who
may
be
in
a
place
to
render
aid
to
a
person
at
risk
of
experiencing
an
opioid-related
overdose.
Sec.
3.
Section
135.190,
Code
2022,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
4A.
A
school
district
may
obtain
a
valid
prescription
for
an
opioid
antagonist
and
maintain
a
supply
of
opioid
antagonists
in
a
secure
location
at
each
location
where
a
student
may
be
present
for
use
as
provided
in
this
section.
Sec.
4.
NEW
SECTION
.
135.190A
Opioid
antagonist
medication
fund.
1.
An
opioid
antagonist
medication
fund
for
first
responders
is
created
within
the
state
treasury
under
the
control
of
the
department.
The
fund
shall
consist
of
moneys
appropriated
to
or
deposited
into
the
fund.
2.
Moneys
in
the
fund
are
appropriated
to
the
department
for
the
purchase,
maintenance,
and
replacement
of
opioid
antagonist
medication
administered
by
first
responders
to
persons
experiencing
an
opioid-related
overdose.
The
department
is
authorized
to
designate
moneys
in
the
fund
for
the
purchase,
maintenance,
and
replacement
of
opioid
antagonist
medication
used
by
the
department
or
other
entities
under
this
section.
3.
First
responders
may
contact
the
department
for
the
procurement
of
opioid
antagonist
medication.
The
department
shall
keep
a
record
of
the
distribution
of
moneys
from
the
fund.
House
File
2573,
p.
3
4.
The
fund
may
consist
of
available
federal
or
state
moneys
available,
as
well
as
any
available
opioid
lawsuit
settlement
moneys.
Funds
may
be
transferred
between
other
state
agencies
and
the
fund
as
appropriate.
5.
Notwithstanding
section
8.33,
moneys
in
the
fund
that
remain
unencumbered
or
unobligated
at
the
close
of
a
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
unless
federal
regulations
otherwise
require.
Notwithstanding
section
12C.7,
subsection
2,
interest
or
earnings
on
moneys
in
the
fund
shall
be
credited
to
the
fund.
6.
The
department
shall
submit
a
report
to
the
co-chairpersons
and
ranking
members
of
the
joint
appropriations
subcommittee
on
the
justice
system
and
to
the
legislative
services
agency
on
or
before
December
31
of
each
year
which
shall
contain
a
list
of
deposits
and
expenditures
from
the
fund
for
the
prior
fiscal
year
and
the
amount
of
carryover
funds,
if
any,
to
be
distributed
in
the
next
fiscal
year.
7.
For
purposes
of
this
section:
a.
“First
responder”
means
an
emergency
medical
care
provider,
a
registered
nurse
staffing
an
authorized
service
program
under
section
147A.12,
a
physician
assistant
staffing
an
authorized
service
program
under
section
147A.13,
a
fire
fighter,
or
a
peace
officer
as
defined
in
section
801.4
who
is
trained
and
authorized
to
administer
an
opioid
antagonist.
b.
“Opioid
antagonist”
means
the
same
as
defined
in
section
147A.1.
c.
“Opioid-related
overdose”
means
the
same
as
defined
in
section
147A.1.
Sec.
5.
APPROPRIATION
——
OPIOID
SETTLEMENT
FUND.
There
is
appropriated
from
the
opioid
settlement
fund
created
in
section
12.51
to
the
department
of
justice
for
the
fiscal
year
beginning
July
1,
2022,
and
ending
June
30,
2023,
the
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
a
medication
addiction
treatment
program
administered
by
the
university
of
Iowa
hospitals
and
clinics:
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$
3,800,000
Notwithstanding
section
8.33,
moneys
appropriated
in
this
section
that
remain
unencumbered
or
unobligated
at
the
close
of
House
File
2573,
p.
4
the
fiscal
year
shall
not
revert
but
shall
remain
available
for
expenditure
for
the
purposes
designated
until
the
close
of
the
succeeding
fiscal
year.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
2573,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor