Senate File 2008 - Introduced SENATE FILE 2008 BY KINNEY A BILL FOR An Act relating to the possession and administration of 1 emergency drugs by first responders for purposes of treating 2 drug overdose victims. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5137XS (2) 86 jh/nh
S.F. 2008 Section 1. Section 147A.1, Code 2016, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 6A. “First responder” means an emergency 3 medical care provider, a fire fighter, or a peace officer as 4 defined in section 801.4. 5 NEW SUBSECTION . 6B. “Licensed health care professional” 6 means the same as defined in section 280.16. 7 NEW SUBSECTION . 6C. “Opioid antagonist” means a drug that 8 binds to opioid receptors and blocks or inhibits the effects of 9 opioids acting on those receptors, including but not limited 10 to naloxone hydrochloride or any other similarly acting drug 11 approved by the United States food and drug administration. 12 NEW SUBSECTION . 6D. “Opioid-related overdose” means 13 a condition affecting a person which may include extreme 14 physical illness, a decreased level of consciousness, 15 respiratory depression, a coma, or the ceasing of respiratory 16 or circulatory function resulting from the consumption or use 17 of an opioid, or another substance with which an opioid was 18 combined. 19 Sec. 2. NEW SECTION . 147A.18 Possession and administration 20 of an opioid antagonist —— immunity. 21 1. Notwithstanding any other provision of law to the 22 contrary, a licensed health care professional may prescribe 23 an opioid antagonist in the name of a service program, law 24 enforcement agency, or fire department to be maintained for use 25 as provided in this section. 26 2. A service program, law enforcement agency, or fire 27 department may obtain a prescription for and maintain a supply 28 of opioid antagonists. A service program, law enforcement 29 agency, or fire department that obtains such a prescription 30 shall replace an opioid antagonist upon its use or expiration. 31 3. A first responder employed by a service program, law 32 enforcement agency, or fire department that maintains a supply 33 of opioid antagonists pursuant to this section may possess 34 and provide or administer such an opioid antagonist to an 35 -1- LSB 5137XS (2) 86 jh/nh 1/ 3
S.F. 2008 individual if the first responder reasonably and in good faith 1 believes that such individual is experiencing an opioid-related 2 overdose. 3 4. The following persons, provided they have acted 4 reasonably and in good faith, shall not be liable for any 5 injury arising from the provision, administration, or 6 assistance in the administration of an opioid antagonist as 7 provided in this section: 8 a. A first responder who provides, administers, or assists 9 in the administration of an opioid antagonist to an individual 10 as provided in this section. 11 b. A service program, law enforcement agency, or fire 12 department. 13 c. The prescriber of the opioid antagonist. 14 5. The department shall adopt rules pursuant to chapter 15 17A to implement and administer this section, including but 16 not limited to standards and procedures for the prescription, 17 distribution, storage, replacement, and administration of 18 opioid antagonists, and for the training required for first 19 responders to administer an opioid antagonist. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill authorizes emergency medical service programs, law 24 enforcement agencies, and fire departments to obtain a supply 25 of opioid antagonists, and first responders to possess opioid 26 antagonists for administration to drug overdose victims. 27 The bill defines “first responder” as an emergency medical 28 care provider, a fire fighter, or a peace officer as defined 29 in Code section 801.4. The bill defines “licensed health care 30 professional” as a person licensed under Code chapter 148 to 31 practice medicine and surgery or osteopathic medicine and 32 surgery, an advanced registered nurse practitioner licensed 33 under Code chapter 152 or 152E and registered with the board of 34 nursing, or a physician assistant licensed to practice under 35 -2- LSB 5137XS (2) 86 jh/nh 2/ 3
S.F. 2008 the supervision of a physician as authorized in Code chapters 1 147 and 148C. “Opioid antagonist” is defined as a drug that 2 binds to opioid receptors and blocks or inhibits the effects of 3 opioids acting on those receptors, including but not limited 4 to naloxone hydrochloride or any other similarly acting drug 5 approved by the United States food and drug administration. 6 The bill defines “opioid-related overdose” as a condition 7 affecting a person which may include extreme physical illness, 8 a decreased level of consciousness, respiratory depression, a 9 coma, or the ceasing of respiratory or circulatory function 10 resulting from the consumption or use of an opioid, or another 11 substance with which an opioid was combined. 12 The bill provides that a licensed health care professional 13 may prescribe an opioid antagonist in the name of a service 14 program, law enforcement agency, or fire department. The 15 service program, law enforcement agency, or fire department may 16 maintain a supply of opioid antagonists. From that supply, a 17 first responder may possess and administer an opioid antagonist 18 to an individual, so long as the first responder reasonably and 19 in good faith believes that such individual is experiencing an 20 opioid-related overdose. 21 The bill provides immunity from legal liability to any first 22 responder, emergency medical service program, law enforcement 23 agency, fire department, and the person who prescribed the 24 opioid antagonist from any injury arising from the provision or 25 administration of an opioid antagonist, so long as such person 26 acted reasonably and in good faith. 27 The bill directs the department of public health to adopt 28 rules to implement and administer the bill, including but not 29 limited to standards and procedures for the prescription, 30 distribution, storage, replacement, and administration of 31 opioid antagonists, and for training to be required for first 32 responders to administer an opioid antagonist. 33 -3- LSB 5137XS (2) 86 jh/nh 3/ 3