H.F. 115 Section 1. NEW SECTION . 124.417 Persons seeking medical 1 assistance for drug-related overdose. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Drug-related overdose” means a condition of a person for 5 which each of the following is true: 6 (1) The person is in need of medical assistance. 7 (2) The person displays symptoms including but not limited 8 to extreme physical illness, pinpoint pupils, decreased level 9 of consciousness including coma, or respiratory depression. 10 (3) The person’s condition is the result of, or a prudent 11 layperson would reasonably believe such condition to be the 12 result of, the consumption or use of a controlled substance. 13 b. “Overdose patient” means a person who is, or would 14 reasonably be perceived to be, suffering a drug-related 15 overdose. 16 c. “Overdose reporter” means a person who seeks medical 17 assistance for an overdose patient. 18 d. “Protected information” means information or evidence 19 collected or derived as a result of any of the following: 20 (1) An overdose patient’s good-faith actions to seek 21 medical assistance while experiencing a drug-related overdose. 22 (2) An overdose reporter’s good-faith actions to seek 23 medical assistance for an overdose patient experiencing a 24 drug-related overdose if all of the following are true: 25 (a) The overdose patient is in need of medical assistance 26 for an immediate health or safety concern. 27 (b) The overdose reporter is the first person to seek 28 medical assistance for the overdose patient. 29 (c) The overdose reporter provides the overdose reporter’s 30 name and contact information to medical or law enforcement 31 personnel. 32 (d) The overdose reporter remains on the scene until 33 assistance arrives or is provided. 34 (e) The overdose reporter cooperates with medical and law 35 -1- LSB 1377HH (5) 87 jh/nh 1/ 5

H.F. 115 enforcement personnel. 1 2. Protected information shall not be considered to support 2 probable cause and shall not be admissible as evidence against 3 an overdose patient or overdose reporter for any of the 4 following offenses: 5 a. Violation of section 124.401, subsection 1, paragraph “c” 6 or “d” . 7 b. Violation of section 124.407. 8 c. Violation of section 124.414. 9 3. a. Protected information may be considered with regard 10 to the proposed revocation of a person’s pretrial release, 11 probation, supervised release, or parole. 12 b. A person’s status as an overdose reporter may be 13 considered as a mitigating factor with regard to the proposed 14 revocation of a person’s pretrial release, probation, 15 supervised release, or parole. 16 4. Notwithstanding any other provision of law to the 17 contrary, a court may consider the act of providing first aid 18 or other medical assistance to someone who is experiencing a 19 drug-related overdose as a mitigating factor in a criminal 20 prosecution. 21 5. This section shall not be construed to limit the use or 22 admissibility of any evidence in a criminal case other than as 23 provided in subsection 2. 24 Sec. 2. Section 135.190, subsection 2, paragraph a, Code 25 2017, is amended to read as follows: 26 a. Notwithstanding any other provision of law to the 27 contrary, a licensed health care professional may , directly or 28 by standing order, prescribe an opioid antagonist to a person 29 in a position to assist. 30 Sec. 3. Section 135.190, subsections 3 and 4, Code 2017, are 31 amended to read as follows: 32 3. A person in a position to assist may possess , with or 33 without a prescription, and provide or administer an opioid 34 antagonist to an individual if the person in a position 35 -2- LSB 1377HH (5) 87 jh/nh 2/ 5

H.F. 115 to assist reasonably and in good faith believes that such 1 individual is experiencing an opioid-related overdose. 2 4. A person in a position to assist , or a prescriber , or 3 a dispenser of an opioid antagonist who has acted reasonably 4 and in good faith shall not be subject to any professional 5 disciplinary action or be criminally or civilly liable for 6 any injury arising from the provision, administration, or 7 assistance in the administration of an opioid antagonist as 8 provided in this section . 9 Sec. 4. Section 147A.18, subsection 1, paragraph a, Code 10 2017, is amended to read as follows: 11 a. Notwithstanding any other provision of law to the 12 contrary, a licensed health care professional may , directly 13 or by standing order, prescribe an opioid antagonist in the 14 name of a service program, law enforcement agency, or fire 15 department to be maintained for use as provided in this 16 section . 17 Sec. 5. Section 147A.18, subsections 3 and 4, Code 2017, are 18 amended to read as follows: 19 3. A first responder employed by a service program, law 20 enforcement agency, or fire department that maintains a supply 21 of opioid antagonists pursuant to this section may possess , 22 with or without a prescription, and provide or administer such 23 an opioid antagonist to an individual if the first responder 24 reasonably and in good faith believes that such individual is 25 experiencing an opioid-related overdose. 26 4. The following persons, provided they have acted 27 reasonably and in good faith, shall not be subject to 28 any professional disciplinary action or be criminally or 29 civilly liable for any injury arising from the provision, 30 administration, or assistance in the administration of an 31 opioid antagonist as 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 -3- LSB 1377HH (5) 87 jh/nh 3/ 5

H.F. 115 b. A service program, law enforcement agency, or fire 1 department. 2 c. The prescriber of the opioid antagonist. 3 Sec. 6. Section 147A.18, subsection 4, Code 2017, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . d. The dispenser of the opioid antagonist. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to drug overdose prevention, immunity 10 from certain criminal offenses when a person reports or seeks 11 medical assistance for a drug-related overdose, and immunity 12 for the prescription, provision, or administration of an opioid 13 antagonist. 14 Under the bill, if a person seeks medical assistance for 15 another person experiencing a drug-related overdose, or if 16 a person experiencing a drug-related overdose seeks medical 17 assistance, the person is immune from prosecution for the use 18 of or possession of certain amounts of a controlled substance 19 or possession of drug paraphernalia. Immunity for a person 20 who seeks medical assistance for another is only available if 21 the person is the first to seek medical assistance, provides 22 such person’s name and contact information to medical or law 23 enforcement personnel, remains on the scene until assistance 24 arrives or is provided, and cooperates with medical and law 25 enforcement personnel. 26 The bill provides that protected information may be 27 considered with regard to the proposed revocation of a person’s 28 pretrial release, probation, supervised release, or parole, 29 but that a person’s status as an overdose reporter may be 30 considered as a mitigating factor with regard to such proposed 31 revocation. 32 The bill provides that a court may consider the act of 33 providing first aid or other medical assistance to someone who 34 is experiencing a drug-related overdose as a mitigating factor 35 -4- LSB 1377HH (5) 87 jh/nh 4/ 5

H.F. 115 in a criminal prosecution. 1 Under current law, a licensed health care professional may 2 prescribe an opioid antagonist to a person in a position to 3 assist a drug overdose victim or in the name of an ambulance 4 service program, law enforcement agency, or fire department. 5 The bill specifies that such a prescription may be made 6 directly or by standing order. 7 Under current law, a person in a position to assist or a 8 first responder employed by an ambulance service program, law 9 enforcement agency, or fire department that maintains a supply 10 of opioid antagonists may possess an opioid antagonist. The 11 bill specifies that a person in a position to assist or a first 12 responder may possess an opioid antagonist even if such a 13 person has not been prescribed an opioid antagonist. 14 Under current law, a person in a position to assist, a 15 prescriber of an opioid antagonist, an ambulance service 16 program, law enforcement agency, fire department, or first 17 responder who has acted reasonably and in good faith is 18 not liable for any injury arising from the provision, 19 administration, or assistance in the administration of an 20 opioid antagonist. The bill provides that such immunity is 21 from civil and criminal liability, and that a person shall 22 also not face professional disciplinary action from the 23 provision, administration, or assistance in the administration 24 of an opioid antagonist. The bill extends this immunity to a 25 dispenser of an opioid antagonist. 26 -5- LSB 1377HH (5) 87 jh/nh 5/ 5