House File 562 - Introduced HOUSE FILE 562 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 104) A BILL FOR An Act concerning prescription drug or controlled substance 1 medication defenses in operating-while-intoxicated cases. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1413HV (2) 85 rh/nh

H.F. 562 Section 1. Section 321J.2, subsection 11, Code 2013, is 1 amended to read as follows: 2 11. a. This section does not apply to a person operating 3 a motor vehicle while under the influence of a drug if the 4 substance When charged with a violation of subsection 1, 5 paragraph “a” , a person who has consented to testing in 6 accordance with section 321J.6 may assert, as an affirmative 7 defense, that the drug involved was prescribed for the person 8 and was taken under the prescription and in accordance with 9 the directions of a medical practitioner as defined in chapter 10 155A or if the substance drug was dispensed by a pharmacist 11 without a prescription pursuant to the rules of the board of 12 pharmacy, if there is no evidence of the consumption of alcohol 13 and there is evidence the medical practitioner or pharmacist 14 had not directed affirmatively permitted the person to refrain 15 from operating operate a motor vehicle. 16 b. When charged with a violation of subsection 1 , paragraph 17 “c” , a person may assert, as an affirmative defense, that 18 the controlled substance present in the person’s blood or 19 urine was prescribed or dispensed for the person and was taken 20 in accordance with the directions of a practitioner and the 21 labeling directions of the pharmacy, as that person and place 22 of business are defined in section 155A.3 . 23 c. (1) A person asserting an affirmative defense pursuant 24 to this subsection shall provide notice to the state not 25 later than forty days after arraignment. At the time notice 26 is provided, the person shall provide a list of witnesses 27 and shall allow the state to inspect and copy any records or 28 statements upon which the witnesses will rely in testifying. 29 (2) Failure to comply with the requirements of this lettered 30 paragraph “c” bars introduction of any evidence of impairment 31 caused by a prescription drug or any evidence of the presence 32 of a controlled substance in a prescribed drug, except the 33 testimony of the person, without leave of the court for good 34 cause shown. 35 -1- LSB 1413HV (2) 85 rh/nh 1/ 3

H.F. 562 d. A person asserting an affirmative defense pursuant to 1 this subsection waives the following privileges to all records 2 which are directly related to the person’s prescription or 3 prescriptions: 4 (1) The confidentiality privilege pursuant to section 5 622.10. 6 (2) Any privilege or nondisclosure requirement under state 7 or federal privacy laws. 8 EXPLANATION 9 This bill relates to prescription drug or controlled 10 substance medication defenses in operating-while-intoxicated 11 cases. 12 Under current law, a person’s use of a valid drug 13 prescription taken in accordance with the directions of 14 a medical practitioner or pharmacist is a defense to an 15 operating-while-intoxicated (OWI) charge if there is no 16 evidence of alcohol consumption and the medical practitioner or 17 pharmacist did not direct the person to refrain from operating 18 a motor vehicle. The bill amends this law to provide that 19 a person who is charged with an OWI violation while under 20 the influence of an alcoholic beverage or other drug or a 21 combination of both who has consented to testing in accordance 22 with Code section 321J.6 may assert, as an affirmative defense, 23 that the drug involved was prescribed or dispensed for the 24 person and was taken in accordance with the directions of a 25 practitioner and the labeling directions of the pharmacy, if 26 there is no evidence of the consumption of alcohol and there is 27 evidence the prescriber affirmatively permitted the person to 28 operate a motor vehicle. 29 Current law also provides that a person charged with an 30 OWI offense based upon the presence of a controlled substance 31 in the person’s blood or urine may assert, as an affirmative 32 defense, that the controlled substance was prescribed or 33 dispensed for the person and was taken in accordance with the 34 directions of a practitioner and the labeling directions of the 35 -2- LSB 1413HV (2) 85 rh/nh 2/ 3

H.F. 562 pharmacy. 1 The bill provides that a person asserting an affirmative 2 prescription drug defense is required to provide notice to 3 the state not later than 40 days after arraignment. At the 4 time notice is provided, the person is required to provide a 5 list of witnesses and shall allow the state to inspect and 6 copy any records or statements upon which the witnesses will 7 rely in testifying. Failure to comply with these requirements 8 bars introduction of any evidence of impairment caused by 9 a prescription drug or any evidence of the presence of a 10 controlled substance in a prescribed drug, except the testimony 11 of the person, without leave of the court for good cause shown. 12 The bill provides that a person asserting an affirmative 13 defense under the bill waives certain privileges to all 14 records which are directly related to the person’s prescription 15 or prescriptions including the confidentiality privilege 16 pursuant to Code section 622.10 (confidential professional 17 communications) and any privilege or nondisclosure requirement 18 under state or federal privacy laws. 19 -3- LSB 1413HV (2) 85 rh/nh 3/ 3