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
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2171YH
(2)
85
rh/nh
2/
2