Senate File 2218 - Introduced SENATE FILE 2218 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO SF 2008) A BILL FOR An Act relating to the possession and administration of 1 emergency drugs by first responders and other persons in a 2 position to assist for purposes of treating drug overdose 3 victims and including contingent implementation provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5137SV (4) 86 jh/nh

S.F. 2218 Section 1. NEW SECTION . 135.190 Possession and 1 administration of opioid antagonists. 2 1. For purposes of this section, unless the context 3 otherwise requires: 4 a. “Opioid antagonist” means the same as defined in section 5 147A.1. 6 b. “Opioid-related overdose” means the same as defined in 7 section 147A.1. 8 c. “Person in a position to assist” means a family member, 9 friend, caregiver, health care provider, employee of a 10 substance abuse treatment facility, or other person who may be 11 in a place to render aid to a person at risk of experiencing an 12 opioid-related overdose. 13 2. A person in a position to assist may possess and provide 14 or administer an opioid antagonist to an individual if the 15 person in a position to assist reasonably and in good faith 16 believes that such individual is experiencing an opioid-related 17 overdose. 18 3. A person in a position to assist who has acted reasonably 19 and in good faith shall not be liable for any injury arising 20 from the provision, administration, or assistance in the 21 administration of an opioid antagonist as provided in this 22 section. 23 Sec. 2. Section 147A.1, Code 2016, is amended by adding the 24 following new subsections: 25 NEW SUBSECTION . 6A. “First responder” means an emergency 26 medical care provider, a fire fighter, or a peace officer as 27 defined in section 801.4 who is trained and authorized to 28 administer an opioid antagonist. 29 NEW SUBSECTION . 6B. “Licensed health care professional” 30 means the same as defined in section 280.16. 31 NEW SUBSECTION . 6C. “Opioid antagonist” means a drug that 32 binds to opioid receptors and blocks or inhibits the effects of 33 opioids acting on those receptors, including but not limited 34 to naloxone hydrochloride or any other similarly acting drug 35 -1- LSB 5137SV (4) 86 jh/nh 1/ 5

S.F. 2218 approved by the United States food and drug administration. 1 NEW SUBSECTION . 6D. “Opioid-related overdose” means 2 a condition affecting a person which may include extreme 3 physical illness, a decreased level of consciousness, 4 respiratory depression, a coma, or the ceasing of respiratory 5 or circulatory function resulting from the consumption or use 6 of an opioid, or another substance with which an opioid was 7 combined. 8 Sec. 3. NEW SECTION . 147A.18 Possession and administration 9 of an opioid antagonist —— immunity. 10 1. Notwithstanding any other provision of law to the 11 contrary, a licensed health care professional may prescribe 12 an opioid antagonist in the name of a service program, law 13 enforcement agency, or fire department to be maintained for use 14 as provided in this section. 15 2. A service program, law enforcement agency, or fire 16 department may obtain a prescription for and maintain a supply 17 of opioid antagonists. A service program, law enforcement 18 agency, or fire department that obtains such a prescription 19 shall replace an opioid antagonist upon its use or expiration. 20 3. A first responder employed by a service program, law 21 enforcement agency, or fire department that maintains a supply 22 of opioid antagonists pursuant to this section may possess 23 and provide or administer such an opioid antagonist to an 24 individual if the first responder reasonably and in good faith 25 believes that such individual is experiencing an opioid-related 26 overdose. 27 4. The following persons, provided they have acted 28 reasonably and in good faith, shall not be liable for any 29 injury arising from the provision, administration, or 30 assistance in the administration of an opioid antagonist as 31 provided in this section: 32 a. A first responder who provides, administers, or assists 33 in the administration of an opioid antagonist to an individual 34 as provided in this section. 35 -2- LSB 5137SV (4) 86 jh/nh 2/ 5

S.F. 2218 b. A service program, law enforcement agency, or fire 1 department. 2 c. The prescriber of the opioid antagonist. 3 5. The department shall adopt rules pursuant to chapter 4 17A to implement and administer this section, including but 5 not limited to standards and procedures for the prescription, 6 distribution, storage, replacement, and administration of 7 opioid antagonists, and for the training and authorization 8 to be required for first responders to administer an opioid 9 antagonist. 10 Sec. 4. CONTINGENT IMPLEMENTATION. Implementation of the 11 section of this Act enacting section 147A.18 is contingent upon 12 the availability of funding. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill authorizes emergency medical service programs, 17 law enforcement agencies, and fire departments to obtain a 18 supply of opioid antagonists, and first responders and other 19 persons in a position to assist to possess opioid antagonists 20 for administration to drug overdose victims, and includes 21 contingent implementation provisions. 22 The bill defines “first responder” as an emergency medical 23 care provider, a fire fighter, or a peace officer as defined in 24 Code section 801.4 who is trained and authorized to administer 25 an opioid antagonist. The bill defines “licensed health care 26 professional” as a person licensed under Code chapter 148 to 27 practice medicine and surgery or osteopathic medicine and 28 surgery, an advanced registered nurse practitioner licensed 29 under Code chapter 152 or 152E and registered with the board of 30 nursing, or a physician assistant licensed to practice under 31 the supervision of a physician as authorized in Code chapters 32 147 and 148C. “Opioid antagonist” is defined as a drug that 33 binds to opioid receptors and blocks or inhibits the effects of 34 opioids acting on those receptors, including but not limited 35 -3- LSB 5137SV (4) 86 jh/nh 3/ 5

S.F. 2218 to naloxone hydrochloride or any other similarly acting drug 1 approved by the United States food and drug administration. 2 The bill defines “opioid-related overdose” as a condition 3 affecting a person which may include extreme physical illness, 4 a decreased level of consciousness, respiratory depression, a 5 coma, or the ceasing of respiratory or circulatory function 6 resulting from the consumption or use of an opioid, or another 7 substance with which an opioid was combined. The bill defines 8 “person in a position to assist” as a family member, friend, 9 caregiver, health care provider, employee of a substance 10 abuse treatment facility, or other person who may be in a 11 place to render aid to a person at risk of experiencing an 12 opioid-related overdose. 13 The bill enacts new Code section 135.190, which provides 14 that a person in a position to assist may possess and provide 15 or administer an opioid antagonist to an individual if the 16 person in a position to assist reasonably and in good faith 17 believes that such individual is experiencing an opioid-related 18 overdose. New Code section 135.90 also provides that a person 19 in a position to assist who acted reasonably and in good faith 20 shall not be liable for any injury arising from the provision, 21 administration, or assistance in the administration of an 22 opioid antagonist. 23 The bill enacts new Code section 147A.18, which provides 24 that a licensed health care professional may prescribe an 25 opioid antagonist in the name of a service program, law 26 enforcement agency, or fire department. The service program, 27 law enforcement agency, or fire department may maintain a 28 supply of opioid antagonists. From that supply, a first 29 responder may possess and administer an opioid antagonist to 30 an individual, so long as the first responder reasonably and 31 in good faith believes that such individual is experiencing an 32 opioid-related overdose. 33 New Code section 147A.18 also provides immunity from legal 34 liability to any first responder, emergency medical service 35 -4- LSB 5137SV (4) 86 jh/nh 4/ 5

S.F. 2218 program, law enforcement agency, fire department, and the 1 person who prescribed the opioid antagonist from any injury 2 arising from the provision or administration of an opioid 3 antagonist, so long as such person acted reasonably and in good 4 faith. 5 New Code section 147A.18 also directs the department of 6 public health to adopt rules to implement and administer the 7 bill, including but not limited to standards and procedures 8 for the prescription, distribution, storage, replacement, and 9 administration of opioid antagonists, and for the training and 10 authorization to be required for first responders to administer 11 an opioid antagonist. 12 The bill provides that the implementation of new Code 13 section 147A.18 is contingent upon the availability of funding. 14 -5- LSB 5137SV (4) 86 jh/nh 5/ 5