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House File 580 - IntroducedA Bill ForAn Act 1relating to the establishment of a needle exchange pilot
2program by the Iowa department of public health.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.414, subsection 1, paragraph b, Code
22019, is amended to read as follows:
3b. “Drug paraphernalia” does not include hypodermic needles
4or syringes if manufactured, delivered, sold, or possessed
5for a lawful purpose. For purposes of this section, “lawful
6purpose” includes hypodermic needles or syringes delivered,
7sold, or possessed through an approved needle exchange pilot
8program established pursuant to section 135.26A and rules
9adopted by the department of public health.
10 Sec. 2. Section 135.11, Code 2019, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 30. Administer a needle exchange pilot
13program pursuant to section 135.26A in cooperation with
14the department of public safety, the governor’s office
15of drug policy, and cities, counties, and nongovernmental
16organizations.
17 Sec. 3. NEW SECTION. 135.26A Needle exchange pilot program.
181. For purposes of this section:
19a. “Department” means the department of public health.
20b. “Needle exchange pilot program” or “pilot program” means a
21program that promotes scientifically proven ways of mitigating
22health risks associated with drug use and other high-risk
23behaviors that is designated and approved by the department and
24implemented by a city, county, or nongovernmental organization.
25c. “Participating jurisdiction” means a city, county, or
26nongovernmental organization selected by the department to
27participate in a pilot program created under this section.
28d. “Residual amount” means an amount of a controlled
29substance not exceeding twenty-five milligrams.
302. A needle exchange pilot program is created in the
31department and shall be administered by a division of the
32department in cooperation with the department of public safety,
33the governor’s office of drug control policy, and cities,
34counties, and nongovernmental organizations.
353. a. The objectives of a pilot program established
-1-1pursuant to this section shall be all of the following:
2(1) To reduce the spread of viral hepatitis, HIV, and other
3medical illnesses caused by infectious agents.
4(2) To reduce needle-stick injuries to law enforcement
5officers and other emergency personnel.
6(3) To encourage persons who inject drugs to enroll in
7evidence-based treatment for substance use disorders.
8b. A pilot program shall offer all of the following:
9(1) Disposal sites for used hypodermic needles and
10syringes.
11(2) Hypodermic needles, syringes, and other injection
12supplies at no cost and in quantities sufficient to ensure that
13hypodermic needles, syringes, and other injection supplies are
14not shared or reused.
15(3) Educational materials or referrals including
16information on all of the following:
17(a) Overdose prevention and naloxone administration,
18including access to kits that contain naloxone.
19(b) The prevention of HIV, viral hepatitis, endocarditis,
20and other bacterial infections associated with intravenous drug
21use.
22(c) HIV and hepatitis C testing.
23(d) Evidence-based treatment for persons with substance use
24disorders.
25(e) Treatment for persons with mental illness.
26c. The department shall solicit applications from interested
27jurisdictions and shall work with selected applicants for
28the purpose of establishing a pilot program in participating
29jurisdictions.
30d. Pilot programs shall be established in five participating
31jurisdictions for a period of five years. A jurisdiction
32wishing to participate in a pilot program shall submit an
33application to the department. If a jurisdiction is selected
34by the department for participation in a pilot program, the
35department shall assist the participating jurisdiction in
-2-1establishing and administering the program in that jurisdiction
2in compliance with this section.
3e. The department shall utilize HIV and hepatitis
4integrated testing programs, the health resources and services
5administration’s Ryan White HIV/AIDS program, and the bureau
6of substance abuse integrated provider network for support
7services, supplies, and medications for the pilot program.
84. An employee of, or a volunteer or participant in, a pilot
9program shall not be charged with or prosecuted for possession
10of any of the following:
11a. A hypodermic needle, syringe, or other injection supply
12item obtained from or returned to a pilot program.
13b. A residual amount of a controlled substance contained
14in a used hypodermic needle, used hypodermic syringe, or used
15injection supply item obtained from or returned to a pilot
16program.
175. a. Subsection 4 only applies if an employee of, or a
18volunteer or participant in, a pilot program claiming immunity
19provides, upon request of a law enforcement officer, a pilot
20program identification card issued by the department verifying
21that a hypodermic needle, syringe, or other injection supply
22item was obtained by the participant from a pilot program
23authorized pursuant to this section.
24b. A pilot program identification card shall include a
25unique identifying number assigned to each individual pilot
26program participant and must be verifiable by the department.
276. If a law enforcement officer in good faith issues a
28charge in violation of subsection 4, the law enforcement
29officer shall not be held civilly or criminally liable.
307. Upon completion of the five-year pilot program, the
31department, in cooperation with the department of public safety
32and the governor’s office of drug control policy, shall submit
33a pilot program progress report to the general assembly by
34December 1, 2025. The program progress report shall detail
35the effectiveness of the pilot program established under this
-3-1section and shall make recommendations concerning program
2continuation or termination.
38. The Iowa department of public health shall adopt rules
4pursuant to chapter 17A to administer this section.
59. This section is repealed July 1, 2026.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the establishment of a needle exchange
10pilot program by the Iowa department of public health (DPH).
11 The bill creates a needle exchange pilot program to be
12administered by DPH in cooperation with the department of
13public safety, the governor’s office of drug control policy,
14cities, counties, and nongovernmental organizations.
15The bill defines “needle exchange pilot program” (pilot
16program) as a program that promotes scientifically proven ways
17of mitigating health risks associated with drug use and other
18high-risk behaviors that is designated and approved by DPH and
19implemented by a city, county, or nongovernmental organization.
20The objectives of a pilot program established pursuant
21to the bill include reducing the spread of viral hepatitis,
22HIV, and other medical illnesses caused by infectious agents,
23reducing needle-stick injuries to law enforcement officers and
24other emergency personnel, and encouraging persons who inject
25drugs to enroll in evidence-based treatment for substance use
26disorders.
27A pilot program established pursuant to the bill shall
28offer disposal sites for used hypodermic needles and syringes;
29hypodermic needles, syringes, and other injection supplies at
30no cost and in quantities sufficient to ensure that hypodermic
31needles, syringes, and other injection supplies are not shared
32or reused; and educational materials that include information
33relating to overdose prevention and naloxone administration,
34including access to kits that contain naloxone; the prevention
35of HIV, viral hepatitis, endocarditis, and other bacterial
-4-1infections associated with intravenous drug use; HIV and
2hepatitis C testing; evidence-based treatment for persons with
3substance use disorders; and treatment for persons with mental
4illness.
5The bill provides that the department shall solicit
6applications from interested jurisdictions and shall work with
7selected applicants for the purpose of establishing a pilot
8program in the participating jurisdictions. Pilot programs
9shall be established in five participating jurisdictions for
10a period of five years. The department shall assist the
11participating jurisdiction in establishing and administering
12a pilot program in that jurisdiction in compliance with
13the bill. The department shall utilize HIV and hepatitis
14integrated testing programs, the health resources and services
15administration’s Ryan White HIV/AIDS program, and the bureau
16of substance abuse integrated provider network for support
17services, supplies, and medications for the pilot program.
18The bill provides that an employee of, or a volunteer or
19participant in, a pilot program shall not be charged with or
20prosecuted for possession of a hypodermic needle, syringe, or
21other injection supply item obtained from or returned to a
22pilot program or a residual amount of a controlled substance
23contained in a used hypodermic needle, used hypodermic syringe,
24or used injection supply item obtained from or returned to
25a pilot program. “Residual amount” is defined as an amount
26of a controlled substance not exceeding 25 milligrams. This
27immunity provision applies only if the person claiming immunity
28provides, upon request of a law enforcement officer, a pilot
29program identification card issued by DPH verifying that a
30hypodermic needle, syringe, or other injection supply item was
31obtained from a pilot program authorized pursuant to the bill.
32A pilot program identification card shall include a unique
33identifying number assigned to each individual pilot program
34participant and must be verifiable by DPH.
35The bill provides that if a law enforcement officer in good
-5-1faith issues a charge in violation of the immunity provisions
2of the bill, the law enforcement officer shall not be held
3civilly or criminally liable.
4The bill provides that at the completion of the five-year
5pilot program, the department, in cooperation with the
6department of public safety and the governor’s office of drug
7control policy, shall submit a pilot program progress report to
8the general assembly by December 1, 2025. The pilot program
9progress report shall detail the effectiveness of the pilot
10program and shall make recommendations concerning program
11continuation or termination. The bill provides the pilot
12program shall be repealed July 1, 2026.
13The bill provides that DPH shall adopt rules pursuant to Code
14chapter 17A to administer the bill.
15Under current law, a person who illegally manufactures,
16delivers, sells, or possesses drug paraphernalia commits a
17simple misdemeanor under Code section 124.414. The bill makes
18a conforming Code change to Code section 124.414 by exempting
19hypodermic needles or syringes delivered, sold, or possessed
20through the pilot program established in the bill from the
21definition of drug paraphernalia.
-6-as/rh
2program by the Iowa department of public health.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.414, subsection 1, paragraph b, Code
22019, is amended to read as follows:
3b. “Drug paraphernalia” does not include hypodermic needles
4or syringes if manufactured, delivered, sold, or possessed
5for a lawful purpose. For purposes of this section, “lawful
6purpose” includes hypodermic needles or syringes delivered,
7sold, or possessed through an approved needle exchange pilot
8program established pursuant to section 135.26A and rules
9adopted by the department of public health.
10 Sec. 2. Section 135.11, Code 2019, is amended by adding the
11following new subsection:
12 NEW SUBSECTION. 30. Administer a needle exchange pilot
13program pursuant to section 135.26A in cooperation with
14the department of public safety, the governor’s office
15of drug policy, and cities, counties, and nongovernmental
16organizations.
17 Sec. 3. NEW SECTION. 135.26A Needle exchange pilot program.
181. For purposes of this section:
19a. “Department” means the department of public health.
20b. “Needle exchange pilot program” or “pilot program” means a
21program that promotes scientifically proven ways of mitigating
22health risks associated with drug use and other high-risk
23behaviors that is designated and approved by the department and
24implemented by a city, county, or nongovernmental organization.
25c. “Participating jurisdiction” means a city, county, or
26nongovernmental organization selected by the department to
27participate in a pilot program created under this section.
28d. “Residual amount” means an amount of a controlled
29substance not exceeding twenty-five milligrams.
302. A needle exchange pilot program is created in the
31department and shall be administered by a division of the
32department in cooperation with the department of public safety,
33the governor’s office of drug control policy, and cities,
34counties, and nongovernmental organizations.
353. a. The objectives of a pilot program established
-1-1pursuant to this section shall be all of the following:
2(1) To reduce the spread of viral hepatitis, HIV, and other
3medical illnesses caused by infectious agents.
4(2) To reduce needle-stick injuries to law enforcement
5officers and other emergency personnel.
6(3) To encourage persons who inject drugs to enroll in
7evidence-based treatment for substance use disorders.
8b. A pilot program shall offer all of the following:
9(1) Disposal sites for used hypodermic needles and
10syringes.
11(2) Hypodermic needles, syringes, and other injection
12supplies at no cost and in quantities sufficient to ensure that
13hypodermic needles, syringes, and other injection supplies are
14not shared or reused.
15(3) Educational materials or referrals including
16information on all of the following:
17(a) Overdose prevention and naloxone administration,
18including access to kits that contain naloxone.
19(b) The prevention of HIV, viral hepatitis, endocarditis,
20and other bacterial infections associated with intravenous drug
21use.
22(c) HIV and hepatitis C testing.
23(d) Evidence-based treatment for persons with substance use
24disorders.
25(e) Treatment for persons with mental illness.
26c. The department shall solicit applications from interested
27jurisdictions and shall work with selected applicants for
28the purpose of establishing a pilot program in participating
29jurisdictions.
30d. Pilot programs shall be established in five participating
31jurisdictions for a period of five years. A jurisdiction
32wishing to participate in a pilot program shall submit an
33application to the department. If a jurisdiction is selected
34by the department for participation in a pilot program, the
35department shall assist the participating jurisdiction in
-2-1establishing and administering the program in that jurisdiction
2in compliance with this section.
3e. The department shall utilize HIV and hepatitis
4integrated testing programs, the health resources and services
5administration’s Ryan White HIV/AIDS program, and the bureau
6of substance abuse integrated provider network for support
7services, supplies, and medications for the pilot program.
84. An employee of, or a volunteer or participant in, a pilot
9program shall not be charged with or prosecuted for possession
10of any of the following:
11a. A hypodermic needle, syringe, or other injection supply
12item obtained from or returned to a pilot program.
13b. A residual amount of a controlled substance contained
14in a used hypodermic needle, used hypodermic syringe, or used
15injection supply item obtained from or returned to a pilot
16program.
175. a. Subsection 4 only applies if an employee of, or a
18volunteer or participant in, a pilot program claiming immunity
19provides, upon request of a law enforcement officer, a pilot
20program identification card issued by the department verifying
21that a hypodermic needle, syringe, or other injection supply
22item was obtained by the participant from a pilot program
23authorized pursuant to this section.
24b. A pilot program identification card shall include a
25unique identifying number assigned to each individual pilot
26program participant and must be verifiable by the department.
276. If a law enforcement officer in good faith issues a
28charge in violation of subsection 4, the law enforcement
29officer shall not be held civilly or criminally liable.
307. Upon completion of the five-year pilot program, the
31department, in cooperation with the department of public safety
32and the governor’s office of drug control policy, shall submit
33a pilot program progress report to the general assembly by
34December 1, 2025. The program progress report shall detail
35the effectiveness of the pilot program established under this
-3-1section and shall make recommendations concerning program
2continuation or termination.
38. The Iowa department of public health shall adopt rules
4pursuant to chapter 17A to administer this section.
59. This section is repealed July 1, 2026.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
9This bill relates to the establishment of a needle exchange
10pilot program by the Iowa department of public health (DPH).
11 The bill creates a needle exchange pilot program to be
12administered by DPH in cooperation with the department of
13public safety, the governor’s office of drug control policy,
14cities, counties, and nongovernmental organizations.
15The bill defines “needle exchange pilot program” (pilot
16program) as a program that promotes scientifically proven ways
17of mitigating health risks associated with drug use and other
18high-risk behaviors that is designated and approved by DPH and
19implemented by a city, county, or nongovernmental organization.
20The objectives of a pilot program established pursuant
21to the bill include reducing the spread of viral hepatitis,
22HIV, and other medical illnesses caused by infectious agents,
23reducing needle-stick injuries to law enforcement officers and
24other emergency personnel, and encouraging persons who inject
25drugs to enroll in evidence-based treatment for substance use
26disorders.
27A pilot program established pursuant to the bill shall
28offer disposal sites for used hypodermic needles and syringes;
29hypodermic needles, syringes, and other injection supplies at
30no cost and in quantities sufficient to ensure that hypodermic
31needles, syringes, and other injection supplies are not shared
32or reused; and educational materials that include information
33relating to overdose prevention and naloxone administration,
34including access to kits that contain naloxone; the prevention
35of HIV, viral hepatitis, endocarditis, and other bacterial
-4-1infections associated with intravenous drug use; HIV and
2hepatitis C testing; evidence-based treatment for persons with
3substance use disorders; and treatment for persons with mental
4illness.
5The bill provides that the department shall solicit
6applications from interested jurisdictions and shall work with
7selected applicants for the purpose of establishing a pilot
8program in the participating jurisdictions. Pilot programs
9shall be established in five participating jurisdictions for
10a period of five years. The department shall assist the
11participating jurisdiction in establishing and administering
12a pilot program in that jurisdiction in compliance with
13the bill. The department shall utilize HIV and hepatitis
14integrated testing programs, the health resources and services
15administration’s Ryan White HIV/AIDS program, and the bureau
16of substance abuse integrated provider network for support
17services, supplies, and medications for the pilot program.
18The bill provides that an employee of, or a volunteer or
19participant in, a pilot program shall not be charged with or
20prosecuted for possession of a hypodermic needle, syringe, or
21other injection supply item obtained from or returned to a
22pilot program or a residual amount of a controlled substance
23contained in a used hypodermic needle, used hypodermic syringe,
24or used injection supply item obtained from or returned to
25a pilot program. “Residual amount” is defined as an amount
26of a controlled substance not exceeding 25 milligrams. This
27immunity provision applies only if the person claiming immunity
28provides, upon request of a law enforcement officer, a pilot
29program identification card issued by DPH verifying that a
30hypodermic needle, syringe, or other injection supply item was
31obtained from a pilot program authorized pursuant to the bill.
32A pilot program identification card shall include a unique
33identifying number assigned to each individual pilot program
34participant and must be verifiable by DPH.
35The bill provides that if a law enforcement officer in good
-5-1faith issues a charge in violation of the immunity provisions
2of the bill, the law enforcement officer shall not be held
3civilly or criminally liable.
4The bill provides that at the completion of the five-year
5pilot program, the department, in cooperation with the
6department of public safety and the governor’s office of drug
7control policy, shall submit a pilot program progress report to
8the general assembly by December 1, 2025. The pilot program
9progress report shall detail the effectiveness of the pilot
10program and shall make recommendations concerning program
11continuation or termination. The bill provides the pilot
12program shall be repealed July 1, 2026.
13The bill provides that DPH shall adopt rules pursuant to Code
14chapter 17A to administer the bill.
15Under current law, a person who illegally manufactures,
16delivers, sells, or possesses drug paraphernalia commits a
17simple misdemeanor under Code section 124.414. The bill makes
18a conforming Code change to Code section 124.414 by exempting
19hypodermic needles or syringes delivered, sold, or possessed
20through the pilot program established in the bill from the
21definition of drug paraphernalia.
-6-as/rh