Senate File 508 - Introduced SENATE FILE 508 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1096) A BILL FOR An Act relating to controlled substances including the 1 manufacture, delivery, or possession of a controlled 2 substance including fentanyl; the manufacture of a 3 controlled substance in the presence of a minor; conspiracy 4 to manufacture for delivery or delivery or intent or 5 conspiracy to deliver a controlled substance to a 6 minor; receipt, provision, and administration of opioid 7 antagonists, including by secondary distributors; providing 8 for immunity; and providing penalties. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 TLSB 1229SV (3) 90 as/rh

S.F. 508 DIVISION I 1 MANUFACTURE, DELIVERY, OR POSSESSION OF A CONTROLLED SUBSTANCE 2 Section 1. Section 124.401, subsection 1, paragraph a, 3 subparagraph (8), Code 2023, is amended to read as follows: 4 (8) More than ten kilograms of a mixture or substance 5 containing any detectable amount of those substances identified 6 in section 124.204, subsection 9 , except for a mixture or 7 substance containing any detectable amount of fentanyl or any 8 fentanyl-related substance identified in section 124.204, 9 subsection 9 . 10 Sec. 2. Section 124.401, subsection 1, paragraph a, Code 11 2023, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (9) More than fifty grams of a mixture 13 or substance containing a detectable amount of fentanyl or 14 any fentanyl-related substance identified in section 124.204, 15 subsection 9. 16 Sec. 3. Section 124.401, subsection 1, paragraph b, Code 17 2023, is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (10) More than five grams but not 19 more than fifty grams of a mixture or substance containing a 20 detectable amount of fentanyl or any fentanyl-related substance 21 identified in section 124.204, subsection 9. 22 Sec. 4. Section 124.401, subsection 1, paragraph c, Code 23 2023, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (10) Five grams or less of a mixture 25 or substance containing a detectable amount of fentanyl or 26 any fentanyl-related substance identified in section 124.204, 27 subsection 9. 28 Sec. 5. Section 124.401, subsection 1, Code 2023, is amended 29 by adding the following new paragraphs: 30 NEW PARAGRAPH . g. A person who causes the death of another 31 person while participating in a violation of this subsection 32 and who is not entitled to protection under section 124.418, 33 shall be sentenced to three times the term otherwise imposed by 34 law, and no such judgment, sentence, or part thereof shall be 35 -1- LSB 1229SV (3) 90 as/rh 1/ 14

S.F. 508 deferred or suspended. 1 NEW PARAGRAPH . h. A person who causes serious bodily injury 2 to another person while participating in a violation of this 3 subsection and who is not entitled to protection under section 4 124.418, shall be sentenced to two times the term otherwise 5 imposed by law, and no such judgment, sentence, or part thereof 6 shall be deferred or suspended. 7 NEW PARAGRAPH . i. For purposes of this subsection, a 8 person’s act of manufacturing or delivering a controlled 9 substance resulting in the death of another person shall 10 be deemed to have caused the other person’s death when the 11 controlled substance contributes to the other person’s death. 12 Sec. 6. Section 124.401C, subsection 1, Code 2023, is 13 amended to read as follows: 14 1. In addition to any other penalties provided in this 15 chapter , a person who is eighteen years of age or older and 16 who either directly or by extraction from natural substances, 17 or independently by means of chemical processes, or both, 18 unlawfully manufactures methamphetamine, its salts, isomers, 19 or salts of its isomers a controlled substance, counterfeit 20 substance, simulated controlled substance, or imitation 21 controlled substance in violation of section 124.401, 22 subsection 1, paragraph “a” , “b” , or “c” , in the presence 23 of a minor shall be sentenced up to an additional term of 24 confinement of five years to two times the term otherwise 25 imposed by law, and no such judgment, sentence, or part thereof 26 shall be deferred or suspended . However, the additional term 27 of confinement shall not be imposed on a person who has been 28 convicted and sentenced for a child endangerment offense under 29 section 726.6, subsection 1 , paragraph “g” , arising from the 30 same facts. 31 Sec. 7. Section 124.401D, Code 2023, is amended to read as 32 follows: 33 124.401D Conspiracy to manufacture for delivery or delivery 34 or intent or conspiracy to deliver amphetamine or methamphetamine 35 -2- LSB 1229SV (3) 90 as/rh 2/ 14

S.F. 508 to a minor. 1 1. a. It is unlawful for a person eighteen years of age 2 or older to act with, or enter into a common scheme or design 3 with, or conspire with one or more persons to manufacture 4 for delivery to a person under eighteen years of age a 5 material, compound, mixture, preparation, or substance that 6 contains any detectable amount of amphetamine, its salts, 7 isomers, or salts of its isomers, or methamphetamine, its 8 salts, isomers, or salts of its isomers controlled substance, 9 counterfeit substance, simulated controlled substance, or 10 imitation controlled substance in violation of section 124.401, 11 subsection 1, paragraph “a” , “b” , or “c” . 12 b. A violation of this subsection is a felony punishable 13 under section 902.9, subsection 1 , paragraph “a” A person 14 violating this subsection shall be sentenced to two times the 15 term otherwise imposed under section 124.401, subsection 1, and 16 no such judgment, sentence, or part thereof shall be deferred 17 or suspended . 18 c. A second or subsequent violation of this subsection is a 19 class “A” felony. 20 2. a. It is unlawful for a person eighteen years of age 21 or older to deliver, or possess with the intent to deliver to 22 a person under eighteen years of age, a material, compound, 23 mixture, preparation, or substance that contains any detectable 24 amount of amphetamine, its salts, isomers, or salts of its 25 isomers, or methamphetamine, its salts, isomers, or salts 26 of its isomers controlled substance, counterfeit substance, 27 simulated controlled substance, or imitation controlled 28 substance in violation of section 124.401, subsection 1, 29 paragraph “a” , “b” , or “c” , or to act with, or enter into a 30 common scheme or design with, or conspire with one or more 31 persons to deliver or possess with the intent to deliver to 32 a person under eighteen years of age a material, compound, 33 mixture, preparation, or substance that contains any detectable 34 amount of amphetamine, its salts, isomers, or salts of its 35 -3- LSB 1229SV (3) 90 as/rh 3/ 14

S.F. 508 isomers, or methamphetamine, its salts, isomers, or salts 1 of its isomers controlled substance, counterfeit substance, 2 simulated controlled substance, or imitation controlled 3 substance in violation of section 124.401, subsection 1, 4 paragraph “a” , “b” , or “c” . 5 b. A violation of this subsection is a felony punishable 6 under section 902.9, subsection 1 , paragraph “a” A person 7 violating this subsection shall be sentenced to two times the 8 term otherwise imposed under section 124.401, subsection 1, and 9 no such judgment, sentence, or part thereof shall be deferred 10 or suspended . 11 c. A second or subsequent violation of this subsection is a 12 class “A” felony. 13 3. Delivery to a minor or possession with intent to deliver 14 to a minor a controlled substance, counterfeit substance, 15 simulated controlled substance, or imitation controlled 16 substance in violation of section 124.401, subsection 1, 17 paragraph “a” , “b” , or “c” , shall include the following products 18 if the person knew or had reasonable cause to believe the 19 controlled, counterfeit, simulated, or imitation controlled 20 substance would be delivered to a person under eighteen years 21 of age: 22 a. Combining a controlled substance listed in section 23 124.401, subsection 1, paragraph “a” , “b” , or “c” , with a food 24 or beverage product. 25 b. Marketing or packaging a controlled substance listed in 26 section 124.401, subsection 1, paragraph “a” , “b” , or “c” , to 27 appear similar to a food or beverage product. 28 c. Modifying the flavor or color of a controlled substance 29 listed in section 124.401, subsection 1, paragraph “a” , “b” , or 30 “c” , to appear similar to a food or beverage product. 31 Sec. 8. Section 124.413, subsection 1, Code 2023, is amended 32 to read as follows: 33 1. Except as provided in subsection 3 and sections 901.11 34 and 901.12 , a person sentenced pursuant to section 124.401, 35 -4- LSB 1229SV (3) 90 as/rh 4/ 14

S.F. 508 subsection 1 , paragraph “a” , “b” , “e” , or “f” , “g” , or “h” shall 1 not be eligible for parole or work release until the person 2 has served a minimum term of confinement of one-third of the 3 maximum indeterminate sentence prescribed by law. 4 Sec. 9. Section 811.1, subsections 1 and 2, Code 2023, are 5 amended to read as follows: 6 1. A defendant awaiting judgment of conviction and 7 sentencing following either a plea or verdict of guilty of a 8 class “A” felony; forcible felony as defined in section 702.11 ; 9 any class “B” felony included in section 462A.14 or 707.6A ; any 10 felony included in section 124.401, subsection 1 , paragraph 11 “a” or “b” ; a second or subsequent offense under section 12 124.401, subsection 1 , paragraph “c” ; any felony punishable 13 under section 902.9, subsection 1 , paragraph “a” ; any public 14 offense committed while detained pursuant to section 229A.5 ; 15 or any public offense committed while subject to an order of 16 commitment pursuant to chapter 229A . 17 2. A defendant appealing a conviction of a class “A” 18 felony; forcible felony as defined in section 702.11 ; any class 19 “B” or “C” felony included in section 462A.14 or 707.6A ; any 20 felony included in section 124.401, subsection 1 , paragraph 21 “a” or “b” ; or a second or subsequent conviction under section 22 124.401, subsection 1 , paragraph “c” ; any felony punishable 23 under section 902.9, subsection 1 , paragraph “a” ; any public 24 offense committed while detained pursuant to section 229A.5 ; 25 or any public offense committed while subject to an order of 26 commitment pursuant to chapter 229A . 27 Sec. 10. Section 901.2, subsection 2, paragraph b, Code 28 2023, is amended to read as follows: 29 b. The court shall order a presentence investigation when 30 the offense is any felony punishable under section 902.9, 31 subsection 1 , paragraph “a” , or a class “B”, class “C”, or 32 class “D” felony. A presentence investigation for any felony 33 punishable under section 902.9, subsection 1 , paragraph “a” , 34 or a class “B”, class “C”, or class “D” felony shall not 35 -5- LSB 1229SV (3) 90 as/rh 5/ 14

S.F. 508 be waived. The court may order, with the consent of the 1 defendant, that the presentence investigation begin prior to 2 the acceptance of a plea of guilty, or prior to a verdict of 3 guilty. 4 Sec. 11. Section 901.10, Code 2023, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 1A. A court sentencing a person for a 7 violation of section 124.401, subsection 1, paragraph “g” , 8 shall not grant any reduction of sentence. 9 Sec. 12. Section 902.9, subsection 1, paragraph a, Code 10 2023, is amended by striking the paragraph. 11 Sec. 13. Section 906.5, subsection 1, paragraph a, Code 12 2023, is amended to read as follows: 13 a. The board shall establish and implement a plan by which 14 the board systematically reviews the status of each person who 15 has been committed to the custody of the director of the Iowa 16 department of corrections and considers the person’s prospects 17 for parole or work release. The board at least annually shall 18 review the status of a person other than a class “A” felon, a 19 class “B” felon serving a sentence of more than twenty-five 20 years, or a felon serving an offense punishable under section 21 902.9, subsection 1 , paragraph “a” , or a felon serving a 22 mandatory minimum sentence other than a class “A” felon, and 23 provide the person with notice of the board’s parole or work 24 release decision. 25 Sec. 14. REPEAL. Section 901.5A, Code 2023, is repealed. 26 DIVISION II 27 RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS 28 Sec. 15. Section 135.190, subsection 1, Code 2023, is 29 amended by adding the following new paragraph: 30 NEW PARAGRAPH . e. “Secondary distributor” means a law 31 enforcement agency, emergency medical services program, fire 32 department, school district, health care provider, licensed 33 behavioral health provider, county health department, or the 34 department of health and human services. 35 -6- LSB 1229SV (3) 90 as/rh 6/ 14

S.F. 508 Sec. 16. Section 135.190, subsections 2 and 4, Code 2023, 1 are amended to read as follows: 2 2. a. Notwithstanding any other provision of law to the 3 contrary, a licensed health care professional may prescribe an 4 opioid antagonist to a person in a position to assist or to a 5 secondary distributor . 6 b. (1) Notwithstanding any other provision of law to the 7 contrary, a pharmacist licensed under chapter 155A may, by 8 standing order or through collaborative agreement, dispense, 9 furnish, or otherwise provide an opioid antagonist to a person 10 in a position to assist or to a secondary distributor . 11 (2) A pharmacist or secondary distributor who dispenses, 12 furnishes, or otherwise provides an opioid antagonist pursuant 13 to a valid prescription, standing order, or collaborative 14 agreement shall provide written instruction , which shall 15 include emergency, crisis, and substance use referral contact 16 information, to the recipient in accordance with any protocols 17 and instructions developed by the department under this 18 section . 19 4. A person in a position to assist , a secondary 20 distributor, or a prescriber of an opioid antagonist who has 21 acted reasonably and in good faith shall not be liable for 22 any injury arising from the provision, administration, or 23 assistance in the administration of an opioid antagonist as 24 provided in this section . 25 Sec. 17. Section 147A.18, subsections 1 and 2, Code 2023, 26 are amended to read as follows: 27 1. a. Notwithstanding any other provision of law to the 28 contrary, a licensed health care professional may prescribe 29 an opioid antagonist in the name of a service program, 30 law enforcement agency, or fire department , or secondary 31 distributor to be maintained for use as provided in this 32 section . For purposes of this section, “secondary distributor” 33 means the same as defined in section 135.190. 34 b. (1) Notwithstanding any other provision of law to the 35 -7- LSB 1229SV (3) 90 as/rh 7/ 14

S.F. 508 contrary, a pharmacist licensed under chapter 155A may, by 1 standing order or through collaborative agreement, dispense, 2 furnish, or otherwise provide an opioid antagonist in the 3 name of a service program, law enforcement agency, or fire 4 department , or secondary distributor to be maintained for use 5 as provided in this section . 6 (2) A pharmacist or secondary distributor who dispenses, 7 furnishes, or otherwise provides an opioid antagonist pursuant 8 to a valid prescription, standing order, or collaborative 9 agreement shall provide written instruction , which shall 10 include emergency, crisis, and substance referral contact 11 information, to the recipient in accordance with the protocols 12 and instructions developed by the department under this 13 section . 14 2. A service program, law enforcement agency, or fire 15 department , or secondary distributor may obtain a prescription 16 for and maintain a supply of opioid antagonists. A service 17 program, law enforcement agency, or fire department , or 18 secondary distributor that obtains such a prescription shall 19 replace an opioid antagonist upon its use or expiration. 20 Sec. 18. Section 147A.18, Code 2023, is amended by adding 21 the following new subsection: 22 NEW SUBSECTION . 3A. A secondary distributor may possess 23 and provide an opioid antagonist to a person in a position to 24 assist as defined in section 135.190. 25 Sec. 19. Section 147A.18, subsection 4, paragraph b, Code 26 2023, is amended to read as follows: 27 b. A service program, law enforcement agency, or fire 28 department , or secondary distributor . 29 Sec. 20. Section 147A.18, subsection 4, Code 2023, is 30 amended by adding the following new paragraph: 31 NEW PARAGRAPH . d. The pharmacist who dispenses the opioid 32 antagonist. 33 Sec. 21. Section 155A.3, subsections 24 and 54, Code 2023, 34 are amended to read as follows: 35 -8- LSB 1229SV (3) 90 as/rh 8/ 14

S.F. 508 24. “Limited distributor” means a person operating or 1 maintaining a location, regardless of the location, where 2 prescription drugs or devices are distributed at wholesale or 3 to a patient pursuant to a prescription drug order, who is 4 not eligible for a wholesale distributor license or pharmacy 5 license. “Limited distributor” does not include a secondary 6 distributor as defined in section 135.190. 7 54. “Wholesale distributor” means a person, other than 8 a manufacturer, a manufacturer’s co-licensed partner, a 9 third-party logistics provider, or repackager, engaged in the 10 wholesale distribution of a drug. “Wholesale distributor” 11 does not include a secondary distributor as defined in section 12 135.190. 13 Sec. 22. Section 155A.46, subsection 1, paragraph a, 14 subparagraph (1), Code 2023, is amended to read as follows: 15 (1) Naloxone Opioid antagonists for overdose reversals . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to controlled substances including the 20 manufacture, delivery, or possession of a controlled substance 21 including fentanyl; the manufacture of a controlled substance 22 in the presence of a minor; a conspiracy to manufacture for 23 delivery or delivery or intent or conspiracy to deliver a 24 controlled substance to a minor; the receipt, provision, and 25 administration of opioid antagonists, including by secondary 26 distributors, provides for immunity; and provides penalties. 27 The bill is organized by divisions. 28 DIVISION I —— MANUFACTURE, DELIVERY, OR POSSESSION OF A 29 CONTROLLED SUBSTANCE. 30 FENTANYL. The bill provides that the manufacture, delivery 31 or possession of a controlled substance containing more than 50 32 grams of a mixture or substance containing a detectable amount 33 of fentanyl or any fentanyl-related substance identified in 34 Code section 124.204(9) is a class “B” felony, punishable by 35 -9- LSB 1229SV (3) 90 as/rh 9/ 14

S.F. 508 confinement for no more than 50 years and a fine of not more 1 than $1 million. 2 The bill provides that the manufacture, delivery or 3 possession of a controlled substance containing more 4 than 5 grams but not more than 50 grams of a mixture or 5 substance containing a detectable amount of fentanyl or 6 any fentanyl-related substance identified in Code section 7 124.204(9) is a class “B” felony, punishable by confinement for 8 no more than 25 years and a fine of not less than $5,000 nor 9 more than $100,000. 10 The bill provides that the manufacture, delivery or 11 possession of a controlled substance containing 5 grams or 12 less of a mixture or substance containing a detectable amount 13 of fentanyl or any fentanyl-related substance identified in 14 Code section 124.204(9) is a class “C” felony, punishable by 15 confinement for no more than 10 years and a fine of not less 16 than $1,000 nor more than $50,000. 17 MANUFACTURE, DELIVERY, OR POSSESSION OF CONTROLLED 18 SUBSTANCES —— SENTENCING ENHANCEMENTS. The bill provides 19 that a person who causes the death of another person while 20 participating in the manufacture, delivery, or possession of 21 a controlled substance and who is not entitled to protection 22 under Code section 124.418 (persons seeking medical assistance 23 for drug-related overdose), shall be sentenced to three times 24 the term otherwise imposed by law, and no such judgment, 25 sentence, or part thereof shall be deferred or suspended. 26 The bill provides that a person who causes serious bodily 27 injury to another person while participating in a violation 28 of the manufacture, delivery, or possession of a controlled 29 substance and who is not entitled to protection under Code 30 section 124.418, shall be sentenced to two times the term 31 otherwise imposed by law, and no such judgment, sentence, or 32 part thereof shall be deferred or suspended. 33 The bill provides that a person’s act of manufacturing or 34 delivering a controlled substance that results in the death 35 -10- LSB 1229SV (3) 90 as/rh 10/ 14

S.F. 508 on another person shall be deemed to have caused the other 1 person’s death when the controlled substance contributed to the 2 other person’s death. 3 MANUFACTURE OF CONTROLLED SUBSTANCES IN PRESENCE OF A MINOR. 4 Current law provides that in addition to any other penalties 5 provided in Code chapter 124, a person who is 18 years of age 6 or older and who either directly or by extraction from natural 7 substances, or independently by means of chemical processes, 8 or both, unlawfully manufactures methamphetamine, its salts, 9 isomers, or salts of its isomers in the presence of a minor 10 shall be sentenced up to an additional term of confinement 11 of five years. The bill amends current law to apply to all 12 controlled substances listed in Code section 124.401(1)(a, 13 b, and c) and provides that a person in violation of this 14 provision shall be sentenced to two times the term otherwise 15 imposed by law, and no such judgment, sentence, or part thereof 16 shall be deferred or suspended. 17 CONSPIRACY TO MANUFACTURE CONTROLLED SUBSTANCES FOR DELIVERY 18 TO MINOR. Current law provides that it is unlawful for a 19 person 18 years of age or older to act with, or enter into a 20 common scheme or design with, or conspire with one or more 21 persons to manufacture for delivery to a person under 18 years 22 of age a material, compound, mixture, preparation, or substance 23 that contains any detectable amount of amphetamine, its salts, 24 isomers, or salts of its isomers, or methamphetamine, its 25 salts, isomers, or salts of its isomers. A person in violation 26 of this provision shall be confined for no more than 99 years. 27 The bill strikes this penalty. The bill amends current law 28 to apply to all controlled substances listed in Code section 29 124.401(1)(a, b, and c) and provides that a person in violation 30 of this provision shall be sentenced to two times the term 31 otherwise imposed by law, and no such judgment, sentence, or 32 part thereof shall be deferred or suspended. A second or 33 subsequent violation is a class “A” felony. 34 Current law provides that it is unlawful for a person 18 35 -11- LSB 1229SV (3) 90 as/rh 11/ 14

S.F. 508 years of age or older to deliver, or possess with the intent 1 to deliver to a person under 18 years of age, a material, 2 compound, mixture, preparation, or substance that contains any 3 detectable amount of amphetamine, its salts, isomers, or salts 4 of its isomers, or methamphetamine, its salts, isomers, or 5 salts of its isomers. A person in violation of this provision 6 shall be confined for no more than 99 years. The bill strikes 7 this penalty. The bill amends current law to apply to all 8 controlled substances listed in Code section 124.401(1)(a, 9 b, and c) and provides that a person in violation of this 10 provision shall be sentenced to two times the term otherwise 11 imposed by law, and no such judgment, sentence, or part 12 thereof shall be deferred or suspended. A second or subsequent 13 violation is a class “A” felony. 14 The bill provides that a person who is sentenced for 15 the death or serious bodily injury to another person while 16 participating in the manufacture, delivery, or possession of 17 a controlled substance, and who is not entitled to protection 18 under Code section 124.418 (persons seeking medical assistance 19 for drug-related overdose), shall not be eligible for parole 20 or work release until the person has served a minimum term of 21 confinement of one-third of the maximum indeterminate sentence 22 prescribed by law. 23 The bill makes conforming Code changes due to the strike of 24 the 99-year penalty. 25 DELIVERY OF A CONTROLLED SUBSTANCE TO MINOR —— FOOD OR 26 BEVERAGE PRODUCTS. The bill provides that delivery to a minor 27 or possession with intent to deliver to a minor a controlled 28 substance, counterfeit substance, simulated controlled 29 substance, or imitation controlled substance shall include the 30 following products if the person knew or had reasonable cause 31 to believe the controlled substance, counterfeit substance, 32 simulated controlled substance, or imitation controlled 33 substance would be delivered to a person under 18 years of 34 age: combining a controlled substance with a food or beverage 35 -12- LSB 1229SV (3) 90 as/rh 12/ 14

S.F. 508 product; marketing or packaging a controlled substance to 1 appear similar to a food or beverage product; or modifying the 2 flavor or color of a controlled substance to appear similar to 3 a food or beverage product. 4 The bill provides that a person sentenced for causing 5 the death of another while participating in the manufacture, 6 delivery, or possession of a controlled substance shall not be 7 granted a reduction of sentence. 8 DIVISION II —— RECEIPT, PROVISION, AND ADMINISTRATION OF 9 OPIOID ANTAGONISTS —— SECONDARY DISTRIBUTORS —— IMMUNITY. 10 Current law provides that a licensed health care professional 11 may prescribe an opioid antagonist to a person in a position 12 to assist. The bill expands this authorization to provide 13 that a licensed health care provider may prescribe an opioid 14 antagonist to a secondary distributor as defined in the bill. 15 Current law provides that a licensed pharmacist may, by 16 standing order or through collaborative agreement, dispense, 17 furnish, or otherwise provide an opioid antagonist in the 18 name of a service program, law enforcement agency, or fire 19 department. The bill expands this authorization to provide 20 that a licensed pharmacist may, by standing order or through 21 collaborative agreement, dispense, furnish, or otherwise 22 provide an opioid antagonist in the name of a secondary 23 distributor. 24 The bill includes secondary distributors and the pharmacist 25 who dispenses the opioid antagonist, provided they have acted 26 reasonably and in good faith, to the list of persons who shall 27 not be liable for any injury arising from the provision, 28 administration, or assistance in the administration of an 29 opioid antagonist. 30 The bill provides that a secondary distributor may obtain a 31 prescription for and maintain a supply of opioid antagonists. 32 A secondary distributor that obtains such a prescription shall 33 replace an opioid antagonist upon its use or expiration. 34 The bill provides that a pharmacist or secondary distributor 35 -13- LSB 1229SV (3) 90 as/rh 13/ 14

S.F. 508 who dispenses, furnishes, or otherwise provides an opioid 1 antagonist pursuant to a valid prescription, standing order, 2 or collaborative agreement shall provide written instruction, 3 including emergency, crisis, and substance use referral contact 4 information, to the recipient. 5 The bill provides that a secondary distributor may possess 6 and provide an opioid antagonist to a person in a position to 7 assist. 8 The bill provides that the terms “limited distributor” and 9 “wholesale distributor” do not include a secondary distributor 10 for purposes of Code chapter 155A (pharmacy). 11 The bill provides that a pharmacist may order and administer 12 opioid antagonists for overdose reversals to patients ages 18 13 years and older instead of naloxone. 14 -14- LSB 1229SV (3) 90 as/rh 14/ 14