SF 125 (LSB 1148XS (4) 88)

SENATE FILE 125

BY  ZAUN

A BILL FOR

An Act relating to the establishment of a needle exchange program by the Iowa department of public health. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124.414, subsection 1, paragraph b, Code 2019, is amended to read as follows:
   b.  “Drug paraphernalia” does not include hypodermic needles or syringes if manufactured, delivered, sold, or possessed for a lawful purpose.  For purposes of this section, “lawful purpose” includes hypodermic needles or syringes delivered, sold, or possessed through an approved needle exchange program established pursuant to section 135.26A and rules adopted by the department of public health.
    Sec. 2.  Section 135.11, Code 2019, is amended by adding the following new subsection:
   NEW SUBSECTION.  30.  Administer a needle exchange program pursuant to section 135.26A in cooperation with cities, counties, and nongovernmental organizations.
    Sec. 3.  NEW SECTION.  135.26A  Needle exchange program.
   1.  For purposes of this section:
   a.  “Needle exchange program” means a program that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors that is designated and approved by the department and implemented by a city, county, or nongovernmental organization. 
   b.  “Residual amount” means an amount of a controlled substance not exceeding twenty-five milligrams.
   2.  A needle exchange program is created in the department and shall be administered by a division of the department in cooperation with cities, counties, and nongovernmental organizations.
   3.  a.  The objectives of a needle exchange program established pursuant to this section shall be all of the following:
   (1)  To reduce the spread of viral hepatitis, HIV, and other medical illnesses caused by infectious agents.
   (2)  To reduce needle-stick injuries to law enforcement officers and other emergency personnel.
   (3)  To encourage persons who inject drugs to enroll in evidence-based treatment for substance use disorders.
   b.  A needle exchange program shall offer all of the following:
   (1)  Disposal sites for used hypodermic needles and syringes.
   (2)  Hypodermic needles, syringes, and other injection supplies at no cost and in quantities sufficient to ensure that hypodermic needles, syringes, and other injection supplies are not shared or reused.
   (3)  Educational materials or referrals including information on all of the following: 
   (a)  Overdose prevention and naloxone administration, including access to kits that contain naloxone.
   (b)  The prevention of HIV, viral hepatitis, endocarditis, and other bacterial infections associated with intravenous drug use.
   (c)  HIV and hepatitis C testing.
   (d)  Evidence-based treatment for persons with substance use disorders.
   (e)  Treatment for persons with mental illness.
   4.  An employee of, or a volunteer or participant in, a needle exchange program shall not be charged with or prosecuted for possession of any of the following:
   a.  A hypodermic needle, syringe, or other injection supply item obtained from or returned to a needle exchange program.
   b.  A residual amount of a controlled substance contained in a used hypodermic needle, used hypodermic syringe, or used injection supply item obtained from or returned to a needle exchange program. 
   5.  a.  Subsection 4 only applies if an employee of, or a volunteer or participant in, a needle exchange program claiming immunity provides, upon request of a law enforcement officer, a needle exchange program identification card issued by the department verifying that a hypodermic needle, syringe, or other injection supply item was obtained by the participant from a needle exchange program authorized pursuant to this section.
   b.  A needle exchange program identification card shall include a unique identifying number assigned to each individual needle exchange program participant and must be verifiable by the department.
   6.  If a law enforcement officer in good faith issues a charge in violation of subsection 4, the law enforcement officer shall not be held civilly or criminally liable.
   7.  The Iowa department of public health shall adopt rules pursuant to chapter 17A to administer this section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the establishment of a needle exchange program by the Iowa department of public health (DPH). The bill creates a needle exchange program to be administered by DPH in cooperation with cities, counties, and nongovernmental organizations.
   The bill defines “needle exchange program” as a program that promotes scientifically proven ways of mitigating health risks associated with drug use and other high-risk behaviors that is designated and approved by DPH and implemented by a city, county, or nongovernmental organization.
   The objectives of a needle exchange program established pursuant to the bill include reducing the spread of viral hepatitis, HIV, and other medical illnesses caused by infectious agents, reducing needle-stick injuries to law enforcement officers and other emergency personnel, and encouraging persons who inject drugs to enroll in evidence-based treatment for substance use disorders.
   A needle exchange program established pursuant to the bill shall offer disposal sites for used hypodermic needles and syringes; hypodermic needles, syringes, and other injection supplies at no cost and in quantities sufficient to ensure that hypodermic needles, syringes, and other injection supplies are not shared or reused; and educational materials that include information relating to overdose prevention and naloxone administration, including access to kits that contain naloxone; the prevention of HIV, viral hepatitis, endocarditis, and other bacterial infections associated with intravenous drug use; HIV and hepatitis C testing; evidence-based treatment for persons with substance use disorders; and treatment for persons with mental illness.
   The bill provides that an employee of, or a volunteer or participant in, a needle exchange program shall not be charged with or prosecuted for possession of a hypodermic needle, syringe, or other injection supply item obtained from or returned to a needle exchange program or a residual amount of a controlled substance contained in a used hypodermic needle, used hypodermic syringe, or used injection supply item obtained from or returned to a needle exchange program. “Residual amount” is defined as an amount of a controlled substance not exceeding 25 milligrams. This immunity provision applies only if the person claiming immunity provides, upon request of a law enforcement officer, a needle exchange program identification card issued by DPH verifying that a hypodermic needle, syringe, or other injection supply item was obtained from a needle exchange program authorized pursuant to the bill. A needle exchange program identification card shall include a unique identifying number assigned to each individual needle exchange program participant and must be verifiable by DPH.
   The bill provides that if a law enforcement officer in good faith issues a charge in violation of the immunity provisions of the bill, the law enforcement officer shall not be held civilly or criminally liable.
   The bill provides that DPH shall adopt rules pursuant to Code chapter 17A to administer the bill.
   Under current law, a person who illegally manufactures, delivers, sells, or possesses drug paraphernalia commits a simple misdemeanor under Code section 124.414. The bill makes a conforming Code change to Code section 124.414 by exempting hypodermic needles or syringes delivered, sold, or possessed through the needle exchange program established in the bill from the definition of drug paraphernalia.