House File 443 - Introduced HOUSE FILE 443 BY R. OLSON A BILL FOR An Act relating to administrative license revocations due to 1 test result failure in an operating-while-intoxicated case 2 and the prescription medication defense. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2171YH (2) 85 rh/nh
H.F. 443 Section 1. Section 321J.12, Code 2013, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 7. a. This section does not apply to a 3 person operating a motor vehicle while under the influence 4 of a drug if the substance was prescribed for the person and 5 was taken under the prescription and in accordance with the 6 directions of a practitioner as defined in section 155A.3 7 or if the substance was dispensed by a pharmacist without a 8 prescription pursuant to the rules of the board of pharmacy, 9 if there is no evidence of the consumption of alcohol and the 10 medical practitioner or pharmacist had not directed the person 11 to refrain from operating a motor vehicle. 12 b. When served with a notice of revocation pursuant to this 13 section based upon test results that indicated the presence of 14 any amount of a controlled substance in the person’s blood or 15 urine, a person may assert, as an affirmative defense, that 16 the controlled substance present in the person’s blood or 17 urine was prescribed or dispensed for the person and was taken 18 in accordance with the directions of a practitioner and the 19 labeling directions of the pharmacy, as that person and place 20 of business are defined in section 155A.3. 21 Sec. 2. Section 321J.13, subsection 2, Code 2013, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . d. Whether the person produced evidence to 24 invoke the prescription medication defense pursuant to section 25 321J.12, subsection 7. 26 EXPLANATION 27 This bill relates to administrative license revocations due 28 to test result failure in an operating-while-intoxicated case 29 and the prescription medication defense. 30 Under current law, a prescription medication defense is 31 available to a defendant who has been criminally charged with 32 an operating-while-intoxicated offense because the person was 33 under the influence of a drug if the substance was prescribed 34 for the person and was taken under the prescription and in 35 -1- LSB 2171YH (2) 85 rh/nh 1/ 2
H.F. 443 accordance with the directions of a medical practitioner or 1 if the substance was dispensed by a pharmacist without a 2 prescription pursuant to the rules of the board of pharmacy, 3 if there is no evidence of the consumption of alcohol and 4 the medical practitioner or pharmacist had not directed the 5 person to refrain from operating a motor vehicle. The bill 6 makes this same defense available to a person who requests 7 an administrative hearing because the person’s license was 8 revoked based upon test results that indicated the presence of 9 a controlled substance or other drug based on a violation of 10 Code section 321J.12. 11 -2- LSB 2171YH (2) 85 rh/nh 2/ 2