Senate
File
410
-
Reprinted
SENATE
FILE
410
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SSB
1209)
(As
Amended
and
Passed
by
the
Senate
March
19,
2015
)
A
BILL
FOR
An
Act
relating
to
drug
overdose
prevention,
including
by
1
limiting
criminal
and
civil
liability,
and
modifying
2
penalties.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
SF
410
(2)
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410
Section
1.
Section
85.27,
Code
2015,
is
amended
by
adding
1
the
following
new
subsection:
2
NEW
SUBSECTION
.
1A.
If
an
employee
receives
care
pursuant
3
to
subsection
1
and
the
treating
physician
or
other
health
care
4
professional
reasonably
believes,
based
on
such
physician’s
or
5
other
health
care
professional’s
professional
judgment,
that
6
the
employee
is
at
risk
of
an
opioid-related
overdose
due
to
7
the
work-related
injury
or
the
treatment
of
the
work-related
8
injury,
the
cost
of
an
opioid
antagonist
shall
be
paid
by
the
9
employer
or
the
employer’s
insurance
carrier.
For
purposes
10
of
this
subsection,
“opioid
antagonist”
and
“opioid-related
11
overdose”
mean
the
same
as
defined
in
section
124.418.
12
Sec.
2.
NEW
SECTION
.
124.417
Persons
seeking
medical
13
assistance
for
drug-related
overdose.
14
1.
As
used
in
this
section,
unless
the
context
otherwise
15
requires:
16
a.
“Drug-related
overdose”
means
a
condition
of
a
person
for
17
which
each
of
the
following
is
true:
18
(1)
The
person
is
in
need
of
medical
assistance.
19
(2)
The
person
displays
symptoms
including
but
not
limited
20
to
extreme
physical
illness,
pinpoint
pupils,
decreased
level
21
of
consciousness
including
coma,
or
respiratory
depression.
22
(3)
The
person’s
condition
is
the
result
of,
or
a
prudent
23
layperson
would
reasonably
believe
such
condition
to
be
the
24
result
of,
the
consumption
or
use
of
a
controlled
substance.
25
b.
“Overdose
patient”
means
a
person
who
is,
or
would
26
reasonably
be
perceived
to
be,
suffering
a
drug-related
27
overdose.
28
c.
“Overdose
reporter”
means
a
person
who
seeks
medical
29
assistance
for
an
overdose
patient.
30
d.
“Protected
information”
means
information
or
evidence
31
collected
or
derived
as
a
result
of
any
of
the
following:
32
(1)
An
overdose
patient’s
good-faith
actions
to
seek
33
medical
assistance
while
experiencing
a
drug-related
overdose.
34
(2)
An
overdose
reporter’s
good-faith
actions
to
seek
35
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medical
assistance
for
an
overdose
patient
experiencing
a
1
drug-related
overdose
if
all
of
the
following
are
true:
2
(a)
The
overdose
patient
is
in
need
of
medical
assistance
3
for
an
immediate
health
or
safety
concern.
4
(b)
The
overdose
reporter
is
the
first
person
to
seek
5
medical
assistance
for
the
overdose
patient.
6
(c)
The
overdose
reporter
provides
the
overdose
reporter’s
7
name
and
contact
information
to
medical
or
law
enforcement
8
personnel.
9
(d)
The
overdose
reporter
remains
on
the
scene
until
10
assistance
arrives
or
is
provided.
11
(e)
The
overdose
reporter
cooperates
with
law
enforcement
12
and
medical
personnel.
13
2.
Protected
information
shall
not
be
considered
to
support
14
probable
cause
and
shall
not
be
admissible
as
evidence
against
15
an
overdose
patient
or
overdose
reporter
for
any
of
the
16
following
offenses:
17
a.
Violation
of
section
124.401,
subsection
1.
18
b.
Possession
of
a
controlled
substance
under
section
19
124.401,
subsection
5.
20
c.
Violation
of
section
124.407.
21
d.
Violation
of
section
124.414.
22
3.
A
person’s
pretrial
release,
probation,
supervised
23
release,
or
parole
shall
not
be
revoked
based
on
protected
24
information.
25
4.
Notwithstanding
any
other
provision
of
law
to
the
26
contrary,
the
act
of
providing
first
aid
or
other
medical
27
assistance
to
someone
who
is
experiencing
a
drug-related
28
overdose
may
be
considered
by
a
court
as
a
mitigating
factor
in
29
a
criminal
prosecution.
30
5.
This
section
shall
not
be
construed
to
limit
the
use
or
31
admissibility
of
any
evidence
in
a
criminal
case
other
than
as
32
provided
in
subsection
2.
33
Sec.
3.
NEW
SECTION
.
124.418
Possession
of
an
opioid
34
antagonist.
35
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1.
For
purposes
of
this
section:
1
a.
“Health
care
professional”
means
a
physician
and
surgeon
2
or
osteopathic
physician
and
surgeon
licensed
under
chapter
3
148,
physician
assistant
licensed
under
chapter
148C,
advanced
4
registered
nurse
practitioner
licensed
under
chapter
152
or
5
152E,
or
pharmacist
licensed
under
chapter
155A.
6
b.
“Opioid
antagonist”
means
a
drug
that
binds
to
opioid
7
receptors
and
blocks
or
inhibits
the
effects
of
opioids
acting
8
on
those
receptors,
including
but
not
limited
to
naloxone
9
hydrochloride
or
any
other
similarly
acting
drug
approved
by
10
the
United
States
food
and
drug
administration.
11
c.
“Opioid-related
overdose”
means
a
condition
of
a
person
12
for
which
each
of
the
following
is
true:
13
(1)
The
person
requires
medical
assistance.
14
(2)
The
person
displays
symptoms
including
but
not
limited
15
to
extreme
physical
illness,
pinpoint
pupils,
decreased
level
16
of
consciousness
including
coma,
or
respiratory
depression.
17
(3)
The
person’s
condition
is
the
result
of,
or
a
prudent
18
layperson
would
reasonably
believe
the
person’s
condition
to
19
be
the
result
of,
consumption
or
use
of
an
opioid
or
another
20
substance
with
which
an
opioid
was
combined.
21
2.
Notwithstanding
the
provisions
of
this
chapter
or
any
22
other
law,
a
person
may
possess
an
opioid
antagonist
if
each
of
23
the
following
is
true:
24
a.
The
opioid
antagonist
is
prescribed,
dispensed,
25
furnished,
distributed,
or
otherwise
provided
by
a
health
26
care
professional
otherwise
authorized
to
prescribe
an
opioid
27
antagonist,
either
directly,
by
standing
order,
or
through
a
28
collaborative
agreement.
29
b.
The
person
is
a
family
member
or
friend
of,
or
30
other
person
in
a
position
to
assist,
a
person
at
risk
of
31
experiencing
an
opioid-related
overdose.
32
Sec.
4.
NEW
SECTION
.
135.181
Standards
and
reports
on
33
opioid
antagonist
use.
34
1.
For
purposes
of
this
section:
35
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a.
“Emergency
medical
services”
means
the
same
as
defined
1
in
section
147A.1.
2
b.
“First
responder”
means
emergency
medical
personnel,
3
state
and
local
law
enforcement
personnel,
or
fire
department
4
personnel
who
provide
emergency
medical
services.
5
c.
“Health
care
professional”
means
a
physician
and
surgeon
6
or
osteopathic
physician
and
surgeon
licensed
under
chapter
7
148,
physician
assistant
licensed
under
chapter
148C,
advanced
8
registered
nurse
practitioner
licensed
under
chapter
152
or
9
152E,
or
pharmacist
licensed
under
chapter
155A.
10
d.
“Opioid
antagonist”
means
the
same
as
defined
in
section
11
124.418.
12
2.
The
department
shall
develop
standards
for
recordkeeping
13
and
reporting
of
opioid
antagonist
use
by
first
responders
in
14
this
state,
and
shall
provide
an
annual
report
to
the
general
15
assembly
with
recommendations
regarding
the
use
of
opioid
16
antagonists
in
this
state.
17
3.
The
department
shall
consult
with
health
care
18
professional
organizations,
organizations
representing
first
19
responders,
and
other
groups
as
determined
by
the
department
20
to
develop
protocols
and
instructions
for
the
administration
21
of
an
opioid
antagonist
by
a
person
who
is
not
a
health
care
22
professional
or
a
first
responder.
The
department
shall
make
23
the
protocols
and
instructions
developed
pursuant
to
this
24
subsection
publicly
available
on
the
department’s
internet
25
site.
26
Sec.
5.
Section
147.107,
Code
2015,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
5A.
a.
For
purposes
of
this
subsection:
29
(1)
“Opioid
antagonist”
means
the
same
as
defined
in
section
30
124.418.
31
(2)
“Opioid-related
overdose”
means
the
same
as
defined
in
32
section
124.418.
33
b.
Notwithstanding
subsection
1
or
any
other
provision
34
of
law,
a
health
care
professional
otherwise
authorized
to
35
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410
prescribe
an
opioid
antagonist
may
directly,
by
standing
order,
1
or
through
collaborative
agreement,
prescribe,
dispense,
2
furnish,
or
otherwise
provide
an
opioid
antagonist
to
a
person
3
at
risk
of
experiencing
an
opioid-related
overdose
or
to
a
4
family
member
or
friend
of,
or
other
person
whom
the
health
5
care
professional
believes
to
be
in
a
position
to
assist,
a
6
person
at
risk
of
experiencing
an
opioid-related
overdose.
7
Any
such
prescription
shall
be
deemed
as
being
issued
for
a
8
legitimate
medical
purpose
in
the
usual
course
of
professional
9
practice.
10
c.
A
health
care
professional
who
prescribes
an
opioid
11
antagonist
shall
document
the
reasons
for
the
prescription
or
12
standing
order.
13
d.
A
pharmacist
who
dispenses,
furnishes,
or
otherwise
14
provides
an
opioid
antagonist
pursuant
to
a
valid
prescription,
15
standing
order,
or
collaborative
agreement
shall
provide
16
instruction
to
the
recipient
in
accordance
with
the
protocols
17
and
instructions
developed
by
the
department
of
public
health
18
under
section
135.181.
19
e.
A
health
care
professional
who
is
licensed
to
prescribe
20
an
opioid
antagonist
shall
not
be
subject
to
any
disciplinary
21
action
or
civil
or
criminal
liability
for
prescribing
an
opioid
22
antagonist
to
a
person
whom
the
health
care
professional
23
reasonably
believes
may
be
in
a
position
to
assist
or
24
administer
the
opioid
antagonist
to
a
person
at
risk
of
an
25
opioid-related
overdose.
26
Sec.
6.
Section
147A.10,
Code
2015,
is
amended
by
adding
the
27
following
new
subsection:
28
NEW
SUBSECTION
.
4.
a.
For
purposes
of
this
subsection:
29
(1)
“Opioid
antagonist”
means
the
same
as
defined
in
section
30
124.418.
31
(2)
“Opioid-related
overdose”
means
the
same
as
defined
in
32
section
124.418.
33
b.
An
emergency
medical
care
provider
or
a
law
enforcement
34
officer
who
has
been
trained
in
the
administration
of
an
opioid
35
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antagonist
and
acts
with
reasonable
care
in
administering
an
1
opioid
antagonist
to
another
person
who
the
emergency
medical
2
care
provider
or
law
enforcement
officer
believes
in
good
faith
3
to
be
suffering
an
opioid-related
overdose
shall
not
be
subject
4
to
civil
liability,
disciplinary
action,
or
a
civil
or
criminal
5
penalty
for
an
act
or
omission
related
to
or
resulting
from
the
6
administration.
7
Sec.
7.
NEW
SECTION
.
155A.45
Administration
of
an
opioid
8
antagonist.
9
1.
For
purposes
of
this
section:
10
a.
“Opioid
antagonist”
means
the
same
as
defined
in
section
11
124.418.
12
b.
“Opioid-related
overdose”
means
the
same
as
defined
in
13
section
124.418.
14
2.
A
person
who
is
not
otherwise
licensed
by
an
appropriate
15
state
board
to
prescribe,
dispense,
or
administer
opioid
16
antagonists
to
patients
may,
in
an
emergency,
administer
an
17
opioid
antagonist
to
another
person
if
the
person
believes
in
18
good
faith
that
the
other
person
is
suffering
an
opioid-related
19
overdose,
and
the
person
shall
not
be
subject
to
civil
20
liability,
disciplinary
action,
or
a
civil
or
criminal
penalty
21
for
an
act
or
omission
related
to
or
resulting
from
the
22
administration
of
an
opioid
antagonist.
23
Sec.
8.
Section
249A.20A,
Code
2015,
is
amended
by
adding
24
the
following
new
subsection:
25
NEW
SUBSECTION
.
12.
a.
For
purposes
of
this
subsection,
26
“opioid
antagonist”
means
the
same
as
defined
in
section
27
124.418.
28
b.
Notwithstanding
anything
in
this
section
to
the
contrary,
29
the
department
shall
include
an
opioid
antagonist,
including
30
any
device
integral
to
its
administration,
on
the
preferred
31
drug
list.
Reimbursement
under
the
medical
assistance
program
32
shall
be
provided
through
existing
resources.
33
c.
A
prescription
for
an
opioid
antagonist
shall
not
be
34
subject
to
prior
authorization
or
other
utilization
management
35
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410
if
the
prescriber
deems
the
opioid
antagonist
medically
1
necessary.
2
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7