House File 595 - ReprintedA Bill ForAn Act 1relating to controlled substances including the
2manufacture, delivery, or possession of a controlled
3substance including fentanyl; the manufacture of a
4controlled substance in the presence of a minor; conspiracy
5to manufacture for delivery or delivery or intent or
6conspiracy to deliver a controlled substance to a
7minor; receipt, provision, and administration of opioid
8antagonists, including by secondary distributors; providing
9for immunity; and providing penalties.
10BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2MANUFACTURE, DELIVERY, OR POSSESSION OF A CONTROLLED SUBSTANCE
3   Section 1.  Section 124.401, subsection 1, paragraph a,
4subparagraph (8), Code 2023, is amended to read as follows:
   5(8)  More than ten kilograms of a mixture or substance
6containing any detectable amount of those substances identified
7in section 124.204, subsection 9, except for a mixture or
8substance containing any detectable amount of fentanyl or any
9fentanyl-related substance identified in section 124.204,
10subsection 9
.
11   Sec. 2.  Section 124.401, subsection 1, paragraph a, Code
122023, is amended by adding the following new subparagraph:
13   NEW SUBPARAGRAPH.  (9)  More than fifty grams of a mixture
14or substance containing a detectable amount of fentanyl or
15any fentanyl-related substance identified in section 124.204,
16subsection 9.
17   Sec. 3.  Section 124.401, subsection 1, paragraph b, Code
182023, is amended by adding the following new subparagraph:
19   NEW SUBPARAGRAPH.  (10)  More than five grams but not
20more than fifty grams of a mixture or substance containing a
21detectable amount of fentanyl or any fentanyl-related substance
22identified in section 124.204, subsection 9.
23   Sec. 4.  Section 124.401, subsection 1, paragraph c, Code
242023, is amended by adding the following new subparagraph:
25   NEW SUBPARAGRAPH.  (10)  Five grams or less of a mixture
26or substance containing a detectable amount of fentanyl or
27any fentanyl-related substance identified in section 124.204,
28subsection 9.
29   Sec. 5.  Section 124.401, subsection 1, Code 2023, is amended
30by adding the following new paragraphs:
31   NEW PARAGRAPH.  g.  A person who causes the death of another
32person while participating in a violation of this subsection
33and who is not entitled to protection under section 124.418,
34shall be sentenced to three times the term otherwise imposed by
35law, and no such judgment, sentence, or part thereof shall be
-1-1deferred or suspended.
2   NEW PARAGRAPH.  h.  A person who causes serious bodily injury
3to another person while participating in a violation of this
4subsection and who is not entitled to protection under section
5124.418, shall be sentenced to two times the term otherwise
6imposed by law, and no such judgment, sentence, or part thereof
7shall be deferred or suspended.
8   NEW PARAGRAPH.  i.  For purposes of this subsection, a person
9causes the death or serious injury of another person when the
10controlled substance contributes to the other person’s death
11or serious injury.
12   Sec. 6.  Section 124.401C, subsection 1, Code 2023, is
13amended to read as follows:
   141.  In addition to any other penalties provided in this
15chapter, a person who is eighteen years of age or older and
16who either directly or by extraction from natural substances,
17or independently by means of chemical processes, or both,
18unlawfully manufactures methamphetamine, its salts, isomers,
19or salts of its isomers
 a controlled substance, counterfeit
20substance, simulated controlled substance, or imitation
21controlled substance in violation of section 124.401,
22subsection 1, paragraph “a”, “b”, or “c”,
in the presence
23of a minor shall be sentenced up to an additional term of
24confinement of five years
 to two times the term otherwise
25imposed by law, and no such judgment, sentence, or part thereof
26shall be deferred or suspended
. However, the additional term
27of confinement shall not be imposed on a person who has been
28convicted and sentenced for a child endangerment offense under
29section 726.6, subsection 1, paragraph “g”, arising from the
30same facts.
31   Sec. 7.  Section 124.401D, Code 2023, is amended to read as
32follows:
   33124.401D  Conspiracy to manufacture for delivery or delivery
34or intent or conspiracy to deliver amphetamine or methamphetamine
35 to a minor.
-2-
   11.  a.  It is unlawful for a person eighteen years of age
2or older to act with, or enter into a common scheme or design
3with, or conspire with one or more persons to manufacture
4for delivery to a person under eighteen years of age a
5material, compound, mixture, preparation, or substance that
6contains any detectable amount of amphetamine, its salts,
7isomers, or salts of its isomers, or methamphetamine, its
8salts, isomers, or salts of its isomers
 controlled substance,
9counterfeit substance, simulated controlled substance, or
10imitation controlled substance in violation of section 124.401,
11subsection 1, paragraph “a”, “b”, or “c”
.
   12b.  A violation of this subsection is a felony punishable
13under section 902.9, subsection 1, paragraph “a”
 A person
14violating this subsection shall be sentenced to two times the
15term otherwise imposed under section 124.401, subsection 1, and
16no such judgment, sentence, or part thereof shall be deferred
17or suspended
.
   18c.  A second or subsequent violation of this subsection is a
19class “A” felony.
   202.  a.  It is unlawful for a person eighteen years of age
21or older to deliver, or possess with the intent to deliver to
22a person under eighteen years of age, a material, compound,
23mixture, preparation, or substance that contains any detectable
24amount of amphetamine, its salts, isomers, or salts of its
25isomers, or methamphetamine, its salts, isomers, or salts
26of its isomers
 controlled substance, counterfeit substance,
27simulated controlled substance, or imitation controlled
28substance in violation of section 124.401, subsection 1,
29paragraph “a”, “b”, or “c”
, or to act with, or enter into a
30common scheme or design with, or conspire with one or more
31persons to deliver or possess with the intent to deliver to
32a person under eighteen years of age a material, compound,
33mixture, preparation, or substance that contains any detectable
34amount of amphetamine, its salts, isomers, or salts of its
35isomers, or methamphetamine, its salts, isomers, or salts
-3-1of its isomers
 controlled substance, counterfeit substance,
2simulated controlled substance, or imitation controlled
3substance in violation of section 124.401, subsection 1,
4paragraph “a”, “b”, or “c”
.
   5b.  A violation of this subsection is a felony punishable
6under section 902.9, subsection 1, paragraph “a”
 A person
7violating this subsection shall be sentenced to two times the
8term otherwise imposed under section 124.401, subsection 1, and
9no such judgment, sentence, or part thereof shall be deferred
10or suspended
.
   11c.  A second or subsequent violation of this subsection is a
12class “A” felony.
   133.  Delivery to a minor or possession with intent to deliver
14to a minor a controlled substance, counterfeit substance,
15simulated controlled substance, or imitation controlled
16substance in violation of section 124.401, subsection 1,
17paragraph “a”, “b”, or “c”, shall include the following products
18if the person knew or had reasonable cause to believe the
19controlled, counterfeit, simulated, or imitation controlled
20substance would be delivered to a person under eighteen years
21of age:
   22a.  Combining a controlled substance listed in section
23124.401, subsection 1, paragraph “a”, “b”, or “c”, with a food
24or beverage product.
   25b.  Marketing or packaging a controlled substance listed in
26section 124.401, subsection 1, paragraph “a”, “b”, or “c”, to
27appear similar to a food or beverage product.
   28c.  Modifying the flavor or color of a controlled substance
29listed 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
32to read as follows:
   331.  Except as provided in subsection 3 and sections 901.11
34and 901.12, a person sentenced pursuant to section 124.401,
35subsection 1, paragraph “a”, “b”, “e”, or “f”“g”, or “h” shall
-4-1not be eligible for parole or work release until the person
2has served a minimum term of confinement of one-third of the
3maximum indeterminate sentence prescribed by law.
4   Sec. 9.  Section 811.1, subsections 1 and 2, Code 2023, are
5amended to read as follows:
   61.  A defendant awaiting judgment of conviction and
7sentencing following either a plea or verdict of guilty of a
8class “A” felony; forcible felony as defined in section 702.11;
9any class “B” felony included in section 462A.14 or 707.6A; any
10felony included in section 124.401, subsection 1, paragraph
11“a” or “b”; a second or subsequent offense under section
12124.401, subsection 1, paragraph “c”; any felony punishable
13under section 902.9, subsection 1, paragraph “a”;
any public
14offense committed while detained pursuant to section 229A.5;
15or any public offense committed while subject to an order of
16commitment pursuant to chapter 229A.
   172.  A defendant appealing a conviction of a class “A”
18felony; forcible felony as defined in section 702.11; any class
19“B” or “C” felony included in section 462A.14 or 707.6A; any
20felony included in section 124.401, subsection 1, paragraph
21“a” or “b”; or a second or subsequent conviction under section
22124.401, subsection 1, paragraph “c”; any felony punishable
23under section 902.9, subsection 1, paragraph “a”;
any public
24offense committed while detained pursuant to section 229A.5;
25or any public offense committed while subject to an order of
26commitment pursuant to chapter 229A.
27   Sec. 10.  Section 901.2, subsection 2, paragraph b, Code
282023, is amended to read as follows:
   29b.  The court shall order a presentence investigation when
30the offense is any felony punishable under section 902.9,
31subsection 1, paragraph “a”, or
a class “B”, class “C”, or
32class “D” felony. A presentence investigation for any felony
33punishable under section 902.9, subsection 1, paragraph “a”,
34or
a class “B”, class “C”, or class “D” felony shall not
35be waived. The court may order, with the consent of the
-5-1defendant, that the presentence investigation begin prior to
2the acceptance of a plea of guilty, or prior to a verdict of
3guilty.
4   Sec. 11.  Section 901.10, Code 2023, is amended by adding the
5following new subsection:
6   NEW SUBSECTION.  1A.  A court sentencing a person for a
7violation of section 124.401, subsection 1, paragraph “g”,
8shall not grant any reduction of sentence.
9   Sec. 12.  Section 902.9, subsection 1, paragraph a, Code
102023, is amended by striking the paragraph.
11   Sec. 13.  Section 906.5, subsection 1, paragraph a, Code
122023, is amended to read as follows:
   13a.  The board shall establish and implement a plan by which
14the board systematically reviews the status of each person who
15has been committed to the custody of the director of the Iowa
16department of corrections and considers the person’s prospects
17for parole or work release. The board at least annually shall
18review the status of a person other than a class “A” felon, a
19class “B” felon serving a sentence of more than twenty-five
20years, or a felon serving an offense punishable under section
21902.9, subsection 1, paragraph “a”,
or a felon serving a
22mandatory minimum sentence other than a class “A” felon, and
23provide the person with notice of the board’s parole or work
24release decision.
25   Sec. 14.  REPEAL.  Section 901.5A, Code 2023, is repealed.
26DIVISION II
27RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS
28   Sec. 15.  Section 135.190, subsection 1, Code 2023, is
29amended by adding the following new paragraphs:
30   NEW PARAGRAPH.  0a.  “Community-based organization” means
31a public or private organization that provides health or
32human services to meet the needs of a community including but
33not limited to a nonprofit organization, a social service
34provider, or an organization providing substance abuse disorder
35prevention, treatment, recovery, or harm reduction services.
-6-
1   NEW PARAGRAPH.  e.  “Secondary distributor” means a law
2enforcement agency, emergency medical services program, fire
3department, school district, health care provider, licensed
4behavioral health provider, county health department, or the
5department of health and human services.
6   Sec. 16.  Section 135.190, subsection 1, paragraph d, Code
72023, is amended to read as follows:
   8d.  “Person in a position to assist” means a family member,
9friend, caregiver, community-based organization, health care
10provider, employee of a substance abuse treatment facility,
11school employee, first responder as defined in section 147A.1,
12 or other person who may be in a place to render aid to a person
13at risk of experiencing an opioid-related overdose.
14   Sec. 17.  Section 135.190, subsections 2 and 4, Code 2023,
15are amended to read as follows:
   162.  a.  Notwithstanding any other provision of law to the
17contrary, a licensed health care professional may prescribe an
18opioid antagonist to a person in a position to assist or to a
19secondary distributor
.
   20b.  (1)  Notwithstanding any other provision of law to the
21contrary, a pharmacist licensed under chapter 155A may, by
22standing order or through collaborative agreement, dispense,
23furnish, or otherwise provide an opioid antagonist to a person
24in a position to assist or to a secondary distributor.
   25(2)  A pharmacist or secondary distributor who dispenses,
26furnishes, or otherwise provides an opioid antagonist pursuant
27to a valid prescription, standing order, or collaborative
28agreement shall provide written instruction, which shall
29include emergency, crisis, and substance use referral contact
30information,
to the recipient in accordance with any protocols
31and instructions developed by the department under this
32section.
   334.  A person in a position to assist, a secondary
34distributor,
or a prescriber of an opioid antagonist who has
35acted reasonably and in good faith shall not be liable for
-7-1any injury arising from the provision, administration, or
2assistance in the administration of an opioid antagonist as
3provided in this section.
4   Sec. 18.  Section 135.190, Code 2023, is amended by adding
5the following new subsections:
6   NEW SUBSECTION.  3A.  Notwithstanding any other provision
7of law to the contrary, the chief medical officer of the
8department may issue a standing order that does not identify
9individual patients at the time it is issued for the purpose
10of dispensing opioid antagonists to a person in a position to
11assist.
12   NEW SUBSECTION.  3B.  A person in a position to assist may
13distribute an opioid antagonist to any individual pursuant to
14this section.
15   Sec. 19.  Section 147A.18, subsections 1 and 2, Code 2023,
16are amended to read as follows:
   171.  a.  Notwithstanding any other provision of law to the
18contrary, a licensed health care professional may prescribe
19an opioid antagonist in the name of a service program,
20law enforcement agency, or fire department, or secondary
21distributor
to be maintained for use as provided in this
22section. For purposes of this section, “secondary distributor”
23 means the same as defined in section 135.190.

   24b.  (1)  Notwithstanding any other provision of law to the
25contrary, a pharmacist licensed under chapter 155A may, by
26standing order or through collaborative agreement, dispense,
27furnish, or otherwise provide an opioid antagonist in the
28name of a service program, law enforcement agency, or fire
29department, or secondary distributor to be maintained for use
30as provided in this section.
   31(2)  A pharmacist or secondary distributor who dispenses,
32furnishes, or otherwise provides an opioid antagonist pursuant
33to a valid prescription, standing order, or collaborative
34agreement shall provide written instruction, which shall
35include emergency, crisis, and substance referral contact
-8-1information,
to the recipient in accordance with the protocols
2and instructions developed by the department under this
3section.
   42.  A service program, law enforcement agency, or fire
5department, or secondary distributor may obtain a prescription
6for and maintain a supply of opioid antagonists. A service
7program, law enforcement agency, or fire department, or
8secondary distributor
that obtains such a prescription shall
9replace an opioid antagonist upon its use or expiration.
10   Sec. 20.  Section 147A.18, Code 2023, is amended by adding
11the following new subsection:
12   NEW SUBSECTION.  3A.  A secondary distributor may possess
13and provide an opioid antagonist to a person in a position to
14assist as defined in section 135.190.
15   Sec. 21.  Section 147A.18, subsection 4, paragraph b, Code
162023, is amended to read as follows:
   17b.  A service program, law enforcement agency, or fire
18department, or secondary distributor.
19   Sec. 22.  Section 147A.18, subsection 4, Code 2023, is
20amended by adding the following new paragraph:
21   NEW PARAGRAPH.  d.  The pharmacist who dispenses the opioid
22antagonist.
23   Sec. 23.  Section 155A.3, subsections 24 and 54, Code 2023,
24are amended to read as follows:
   2524.  “Limited distributor” means a person operating or
26maintaining a location, regardless of the location, where
27prescription drugs or devices are distributed at wholesale or
28to a patient pursuant to a prescription drug order, who is
29not eligible for a wholesale distributor license or pharmacy
30license. “Limited distributor” does not include a secondary
31distributor as defined in section 135.190.

   3254.  “Wholesale distributor” means a person, other than
33a manufacturer, a manufacturer’s co-licensed partner, a
34third-party logistics provider, or repackager, engaged in the
35wholesale distribution of a drug. “Wholesale distributor”
-9-
1 does not include a secondary distributor as defined in section
2135.190.

3   Sec. 24.  Section 155A.46, subsection 1, paragraph a,
4subparagraph (1), Code 2023, is amended to read as follows:
   5(1)  Naloxone Opioid antagonists for overdose reversals.
as/rh/md