House File 595 - EnrolledAn Actrelating to controlled substances including the
manufacture, delivery, or possession of a controlled
substance including fentanyl; the manufacture of a
controlled substance in the presence of a minor; conspiracy
to manufacture for delivery or delivery or intent or
conspiracy to deliver a controlled substance to a
minor; receipt, provision, and administration of opioid
antagonists, including by secondary distributors; providing
for immunity; and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MANUFACTURE, DELIVERY, OR POSSESSION OF A CONTROLLED SUBSTANCE
Section 1. Section 124.401, subsection 1, paragraph a,
subparagraph (8), Code 2023, is amended to read as follows:
(8) More than ten kilograms of a mixture or substance
containing any detectable amount of those substances identified
in section 124.204, subsection 9, except for a mixture or
substance containing any detectable amount of fentanyl or any
fentanyl-related substance identified in section 124.204,
subsection 9.
Sec. 2. Section 124.401, subsection 1, paragraph a, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (9) More than fifty grams of a mixture
or substance containing a detectable amount of fentanyl or
any fentanyl-related substance identified in section 124.204,
subsection 9.
Sec. 3. Section 124.401, subsection 1, paragraph b, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (10) More than five grams but not
more than fifty grams of a mixture or substance containing a
detectable amount of fentanyl or any fentanyl-related substance
identified in section 124.204, subsection 9.
Sec. 4. Section 124.401, subsection 1, paragraph c, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (10) Five grams or less of a mixture
or substance containing a detectable amount of fentanyl or
any fentanyl-related substance identified in section 124.204,
subsection 9.
Sec. 5. Section 124.401, subsection 1, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. g. A person who causes the death of another
person while participating in a violation of this subsection
and who is not entitled to protection under section 124.418,
shall be sentenced to three times the term otherwise imposed by
law, and no such judgment, sentence, or part thereof shall be
-1-deferred or suspended.
NEW PARAGRAPH. h. A person who causes serious bodily injury
to another person while participating in a violation of this
subsection and who is not entitled to protection under section
124.418, shall be sentenced to two times the term otherwise
imposed by law, and no such judgment, sentence, or part thereof
shall be deferred or suspended.
NEW PARAGRAPH. i. For purposes of this subsection, a person
causes the death or serious injury of another person when the
controlled substance contributes to the other person’s death
or serious injury.
Sec. 6. Section 124.401C, subsection 1, Code 2023, is
amended to read as follows:
1. In addition to any other penalties provided in this
chapter, a person who is eighteen years of age or older and
who either directly or by extraction from natural substances,
or independently by means of chemical processes, or both,
unlawfully manufactures methamphetamine, its salts, isomers,
or salts of its isomers a controlled substance, counterfeit
substance, simulated controlled substance, or imitation
controlled substance in violation of section 124.401,
subsection 1, paragraph “a”, “b”, or “c”, in the presence
of a minor shall be sentenced up to an additional term of
confinement of five years to two times the term otherwise
imposed by law, and no such judgment, sentence, or part thereof
shall be deferred or suspended. However, the additional term
of confinement shall not be imposed on a person who has been
convicted and sentenced for a child endangerment offense under
section 726.6, subsection 1, paragraph “g”, arising from the
same facts.
Sec. 7. Section 124.401D, Code 2023, is amended to read as
follows:
124.401D Conspiracy to manufacture for delivery or delivery
or intent or conspiracy to deliver amphetamine or methamphetamine
to a minor.
-2- 1. a. It is unlawful for a person eighteen years of age
or older to act with, or enter into a common scheme or design
with, or conspire with one or more persons to manufacture
for delivery to a person under eighteen years of age a
material, compound, mixture, preparation, or substance that
contains any detectable amount of amphetamine, its salts,
isomers, or salts of its isomers, or methamphetamine, its
salts, isomers, or salts of its isomers controlled substance,
counterfeit substance, simulated controlled substance, or
imitation controlled substance in violation of section 124.401,
subsection 1, paragraph “a”, “b”, or “c”.
b. A violation of this subsection is a felony punishable
under section 902.9, subsection 1, paragraph “a” A person
violating this subsection shall be sentenced to two times the
term otherwise imposed under section 124.401, subsection 1, and
no such judgment, sentence, or part thereof shall be deferred
or suspended.
c. A second or subsequent violation of this subsection is a
class “A” felony.
2. a. It is unlawful for a person eighteen years of age
or older to deliver, or possess with the intent to deliver to
a person under eighteen years of age, a material, compound,
mixture, preparation, or substance that contains any detectable
amount of amphetamine, its salts, isomers, or salts of its
isomers, or methamphetamine, its salts, isomers, or salts
of its isomers controlled substance, counterfeit substance,
simulated controlled substance, or imitation controlled
substance in violation of section 124.401, subsection 1,
paragraph “a”, “b”, or “c”, or to act with, or enter into a
common scheme or design with, or conspire with one or more
persons to deliver or possess with the intent to deliver to
a person under eighteen years of age a material, compound,
mixture, preparation, or substance that contains any detectable
amount of amphetamine, its salts, isomers, or salts of its
isomers, or methamphetamine, its salts, isomers, or salts
-3-of its isomers controlled substance, counterfeit substance,
simulated controlled substance, or imitation controlled
substance in violation of section 124.401, subsection 1,
paragraph “a”, “b”, or “c”.
b. A violation of this subsection is a felony punishable
under section 902.9, subsection 1, paragraph “a” A person
violating this subsection shall be sentenced to two times the
term otherwise imposed under section 124.401, subsection 1, and
no such judgment, sentence, or part thereof shall be deferred
or suspended.
c. A second or subsequent violation of this subsection is a
class “A” felony.
3. Delivery to a minor or possession with intent to deliver
to a minor a controlled substance, counterfeit substance,
simulated controlled substance, or imitation controlled
substance in violation of section 124.401, subsection 1,
paragraph “a”, “b”, or “c”, shall include the following products
if the person knew or had reasonable cause to believe the
controlled, counterfeit, simulated, or imitation controlled
substance would be delivered to a person under eighteen years
of age:
a. Combining a controlled substance listed in section
124.401, subsection 1, paragraph “a”, “b”, or “c”, with a food
or beverage product.
b. Marketing or packaging a controlled substance listed in
section 124.401, subsection 1, paragraph “a”, “b”, or “c”, to
appear similar to a food or beverage product.
c. Modifying the flavor or color of a controlled substance
listed in section 124.401, subsection 1, paragraph “a”, “b”, or
“c”, to appear similar to a food or beverage product.
Sec. 8. Section 124.413, subsection 1, Code 2023, is amended
to read as follows:
1. Except as provided in subsection 3 and sections 901.11
and 901.12, a person sentenced pursuant to section 124.401,
subsection 1, paragraph “a”, “b”, “e”, or “f”, “g”, or “h” shall
-4-not be eligible for parole or work release until the person
has served a minimum term of confinement of one-third of the
maximum indeterminate sentence prescribed by law.
Sec. 9. Section 811.1, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. A defendant awaiting judgment of conviction and
sentencing following either a plea or verdict of guilty of a
class “A” felony; forcible felony as defined in section 702.11;
any class “B” felony included in section 462A.14 or 707.6A; any
felony included in section 124.401, subsection 1, paragraph
“a” or “b”; a second or subsequent offense under section
124.401, subsection 1, paragraph “c”; any felony punishable
under section 902.9, subsection 1, paragraph “a”; any public
offense committed while detained pursuant to section 229A.5;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A.
2. A defendant appealing a conviction of a class “A”
felony; forcible felony as defined in section 702.11; any class
“B” or “C” felony included in section 462A.14 or 707.6A; any
felony included in section 124.401, subsection 1, paragraph
“a” or “b”; or a second or subsequent conviction under section
124.401, subsection 1, paragraph “c”; any felony punishable
under section 902.9, subsection 1, paragraph “a”; any public
offense committed while detained pursuant to section 229A.5;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A.
Sec. 10. Section 901.2, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The court shall order a presentence investigation when
the offense is any felony punishable under section 902.9,
subsection 1, paragraph “a”, or a class “B”, class “C”, or
class “D” felony. A presentence investigation for any felony
punishable under section 902.9, subsection 1, paragraph “a”,
or a class “B”, class “C”, or class “D” felony shall not
be waived. The court may order, with the consent of the
-5-defendant, that the presentence investigation begin prior to
the acceptance of a plea of guilty, or prior to a verdict of
guilty.
Sec. 11. Section 901.10, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. A court sentencing a person for a
violation of section 124.401, subsection 1, paragraph “g”,
shall not grant any reduction of sentence.
Sec. 12. Section 902.9, subsection 1, paragraph a, Code
2023, is amended by striking the paragraph.
Sec. 13. Section 906.5, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The board shall establish and implement a plan by which
the board systematically reviews the status of each person who
has been committed to the custody of the director of the Iowa
department of corrections and considers the person’s prospects
for parole or work release. The board at least annually shall
review the status of a person other than a class “A” felon, a
class “B” felon serving a sentence of more than twenty-five
years, or a felon serving an offense punishable under section
902.9, subsection 1, paragraph “a”, or a felon serving a
mandatory minimum sentence other than a class “A” felon, and
provide the person with notice of the board’s parole or work
release decision.
Sec. 14. REPEAL. Section 901.5A, Code 2023, is repealed.
DIVISION II
RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS
Sec. 15. Section 135.190, subsection 1, Code 2023, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. 0a. “Community-based organization” means
a public or private organization that provides health or
human services to meet the needs of a community including but
not limited to a nonprofit organization, a social service
provider, or an organization providing substance abuse disorder
prevention, treatment, recovery, or harm reduction services.
-6- NEW PARAGRAPH. e. “Secondary distributor” means a law
enforcement agency, emergency medical services program, fire
department, school district, health care provider, licensed
behavioral health provider, county health department, or the
department of health and human services.
Sec. 16. Section 135.190, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. “Person in a position to assist” means a family member,
friend, caregiver, community-based organization, health care
provider, employee of a substance abuse treatment facility,
school employee, first responder as defined in section 147A.1,
or other person who may be in a place to render aid to a person
at risk of experiencing an opioid-related overdose.
Sec. 17. Section 135.190, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. a. Notwithstanding any other provision of law to the
contrary, a licensed health care professional may prescribe an
opioid antagonist to a person in a position to assist or to a
secondary distributor.
b. (1) Notwithstanding any other provision of law to the
contrary, a pharmacist licensed under chapter 155A may, by
standing order or through collaborative agreement, dispense,
furnish, or otherwise provide an opioid antagonist to a person
in a position to assist or to a secondary distributor.
(2) A pharmacist or secondary distributor who dispenses,
furnishes, or otherwise provides an opioid antagonist pursuant
to a valid prescription, standing order, or collaborative
agreement shall provide written instruction, which shall
include emergency, crisis, and substance use referral contact
information, to the recipient in accordance with any protocols
and instructions developed by the department under this
section.
4. A person in a position to assist, a secondary
distributor, or a prescriber of an opioid antagonist who has
acted reasonably and in good faith shall not be liable for
-7-any injury arising from the provision, administration, or
assistance in the administration of an opioid antagonist as
provided in this section.
Sec. 18. Section 135.190, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 3A. Notwithstanding any other provision
of law to the contrary, the chief medical officer of the
department may issue a standing order that does not identify
individual patients at the time it is issued for the purpose
of dispensing opioid antagonists to a person in a position to
assist.
NEW SUBSECTION. 3B. A person in a position to assist may
distribute an opioid antagonist to any individual pursuant to
this section.
Sec. 19. Section 147A.18, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. a. Notwithstanding any other provision of law to the
contrary, a licensed health care professional may prescribe
an opioid antagonist in the name of a service program,
law enforcement agency, or fire department, or secondary
distributor to be maintained for use as provided in this
section. For purposes of this section, “secondary distributor”
means the same as defined in section 135.190.
b. (1) Notwithstanding any other provision of law to the
contrary, a pharmacist licensed under chapter 155A may, by
standing order or through collaborative agreement, dispense,
furnish, or otherwise provide an opioid antagonist in the
name of a service program, law enforcement agency, or fire
department, or secondary distributor to be maintained for use
as provided in this section.
(2) A pharmacist or secondary distributor who dispenses,
furnishes, or otherwise provides an opioid antagonist pursuant
to a valid prescription, standing order, or collaborative
agreement shall provide written instruction, which shall
include emergency, crisis, and substance referral contact
-8-information, to the recipient in accordance with the protocols
and instructions developed by the department under this
section.
2. A service program, law enforcement agency, or fire
department, or secondary distributor may obtain a prescription
for and maintain a supply of opioid antagonists. A service
program, law enforcement agency, or fire department, or
secondary distributor that obtains such a prescription shall
replace an opioid antagonist upon its use or expiration.
Sec. 20. Section 147A.18, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 3A. A secondary distributor may possess
and provide an opioid antagonist to a person in a position to
assist as defined in section 135.190.
Sec. 21. Section 147A.18, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. A service program, law enforcement agency, or fire
department, or secondary distributor.
Sec. 22. Section 147A.18, subsection 4, Code 2023, is
amended by adding the following new paragraph:
NEW PARAGRAPH. d. The pharmacist who dispenses the opioid
antagonist.
Sec. 23. Section 155A.3, subsections 24 and 54, Code 2023,
are amended to read as follows:
24. “Limited distributor” means a person operating or
maintaining a location, regardless of the location, where
prescription drugs or devices are distributed at wholesale or
to a patient pursuant to a prescription drug order, who is
not eligible for a wholesale distributor license or pharmacy
license. “Limited distributor” does not include a secondary
distributor as defined in section 135.190.
54. “Wholesale distributor” means a person, other than
a manufacturer, a manufacturer’s co-licensed partner, a
third-party logistics provider, or repackager, engaged in the
wholesale distribution of a drug. “Wholesale distributor”
-9- does not include a secondary distributor as defined in section
135.190.
Sec. 24. Section 155A.46, subsection 1, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Naloxone Opioid antagonists for overdose reversals.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 595, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernoras/rh/md
manufacture, delivery, or possession of a controlled
substance including fentanyl; the manufacture of a
controlled substance in the presence of a minor; conspiracy
to manufacture for delivery or delivery or intent or
conspiracy to deliver a controlled substance to a
minor; receipt, provision, and administration of opioid
antagonists, including by secondary distributors; providing
for immunity; and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
DIVISION I
MANUFACTURE, DELIVERY, OR POSSESSION OF A CONTROLLED SUBSTANCE
Section 1. Section 124.401, subsection 1, paragraph a,
subparagraph (8), Code 2023, is amended to read as follows:
(8) More than ten kilograms of a mixture or substance
containing any detectable amount of those substances identified
in section 124.204, subsection 9, except for a mixture or
substance containing any detectable amount of fentanyl or any
fentanyl-related substance identified in section 124.204,
subsection 9.
Sec. 2. Section 124.401, subsection 1, paragraph a, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (9) More than fifty grams of a mixture
or substance containing a detectable amount of fentanyl or
any fentanyl-related substance identified in section 124.204,
subsection 9.
Sec. 3. Section 124.401, subsection 1, paragraph b, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (10) More than five grams but not
more than fifty grams of a mixture or substance containing a
detectable amount of fentanyl or any fentanyl-related substance
identified in section 124.204, subsection 9.
Sec. 4. Section 124.401, subsection 1, paragraph c, Code
2023, is amended by adding the following new subparagraph:
NEW SUBPARAGRAPH. (10) Five grams or less of a mixture
or substance containing a detectable amount of fentanyl or
any fentanyl-related substance identified in section 124.204,
subsection 9.
Sec. 5. Section 124.401, subsection 1, Code 2023, is amended
by adding the following new paragraphs:
NEW PARAGRAPH. g. A person who causes the death of another
person while participating in a violation of this subsection
and who is not entitled to protection under section 124.418,
shall be sentenced to three times the term otherwise imposed by
law, and no such judgment, sentence, or part thereof shall be
-1-deferred or suspended.
NEW PARAGRAPH. h. A person who causes serious bodily injury
to another person while participating in a violation of this
subsection and who is not entitled to protection under section
124.418, shall be sentenced to two times the term otherwise
imposed by law, and no such judgment, sentence, or part thereof
shall be deferred or suspended.
NEW PARAGRAPH. i. For purposes of this subsection, a person
causes the death or serious injury of another person when the
controlled substance contributes to the other person’s death
or serious injury.
Sec. 6. Section 124.401C, subsection 1, Code 2023, is
amended to read as follows:
1. In addition to any other penalties provided in this
chapter, a person who is eighteen years of age or older and
who either directly or by extraction from natural substances,
or independently by means of chemical processes, or both,
unlawfully manufactures methamphetamine, its salts, isomers,
or salts of its isomers a controlled substance, counterfeit
substance, simulated controlled substance, or imitation
controlled substance in violation of section 124.401,
subsection 1, paragraph “a”, “b”, or “c”, in the presence
of a minor shall be sentenced up to an additional term of
confinement of five years to two times the term otherwise
imposed by law, and no such judgment, sentence, or part thereof
shall be deferred or suspended. However, the additional term
of confinement shall not be imposed on a person who has been
convicted and sentenced for a child endangerment offense under
section 726.6, subsection 1, paragraph “g”, arising from the
same facts.
Sec. 7. Section 124.401D, Code 2023, is amended to read as
follows:
124.401D Conspiracy to manufacture for delivery or delivery
or intent or conspiracy to deliver amphetamine or methamphetamine
to a minor.
-2- 1. a. It is unlawful for a person eighteen years of age
or older to act with, or enter into a common scheme or design
with, or conspire with one or more persons to manufacture
for delivery to a person under eighteen years of age a
material, compound, mixture, preparation, or substance that
contains any detectable amount of amphetamine, its salts,
isomers, or salts of its isomers, or methamphetamine, its
salts, isomers, or salts of its isomers controlled substance,
counterfeit substance, simulated controlled substance, or
imitation controlled substance in violation of section 124.401,
subsection 1, paragraph “a”, “b”, or “c”.
b. A violation of this subsection is a felony punishable
under section 902.9, subsection 1, paragraph “a” A person
violating this subsection shall be sentenced to two times the
term otherwise imposed under section 124.401, subsection 1, and
no such judgment, sentence, or part thereof shall be deferred
or suspended.
c. A second or subsequent violation of this subsection is a
class “A” felony.
2. a. It is unlawful for a person eighteen years of age
or older to deliver, or possess with the intent to deliver to
a person under eighteen years of age, a material, compound,
mixture, preparation, or substance that contains any detectable
amount of amphetamine, its salts, isomers, or salts of its
isomers, or methamphetamine, its salts, isomers, or salts
of its isomers controlled substance, counterfeit substance,
simulated controlled substance, or imitation controlled
substance in violation of section 124.401, subsection 1,
paragraph “a”, “b”, or “c”, or to act with, or enter into a
common scheme or design with, or conspire with one or more
persons to deliver or possess with the intent to deliver to
a person under eighteen years of age a material, compound,
mixture, preparation, or substance that contains any detectable
amount of amphetamine, its salts, isomers, or salts of its
isomers, or methamphetamine, its salts, isomers, or salts
-3-of its isomers controlled substance, counterfeit substance,
simulated controlled substance, or imitation controlled
substance in violation of section 124.401, subsection 1,
paragraph “a”, “b”, or “c”.
b. A violation of this subsection is a felony punishable
under section 902.9, subsection 1, paragraph “a” A person
violating this subsection shall be sentenced to two times the
term otherwise imposed under section 124.401, subsection 1, and
no such judgment, sentence, or part thereof shall be deferred
or suspended.
c. A second or subsequent violation of this subsection is a
class “A” felony.
3. Delivery to a minor or possession with intent to deliver
to a minor a controlled substance, counterfeit substance,
simulated controlled substance, or imitation controlled
substance in violation of section 124.401, subsection 1,
paragraph “a”, “b”, or “c”, shall include the following products
if the person knew or had reasonable cause to believe the
controlled, counterfeit, simulated, or imitation controlled
substance would be delivered to a person under eighteen years
of age:
a. Combining a controlled substance listed in section
124.401, subsection 1, paragraph “a”, “b”, or “c”, with a food
or beverage product.
b. Marketing or packaging a controlled substance listed in
section 124.401, subsection 1, paragraph “a”, “b”, or “c”, to
appear similar to a food or beverage product.
c. Modifying the flavor or color of a controlled substance
listed in section 124.401, subsection 1, paragraph “a”, “b”, or
“c”, to appear similar to a food or beverage product.
Sec. 8. Section 124.413, subsection 1, Code 2023, is amended
to read as follows:
1. Except as provided in subsection 3 and sections 901.11
and 901.12, a person sentenced pursuant to section 124.401,
subsection 1, paragraph “a”, “b”, “e”, or “f”, “g”, or “h” shall
-4-not be eligible for parole or work release until the person
has served a minimum term of confinement of one-third of the
maximum indeterminate sentence prescribed by law.
Sec. 9. Section 811.1, subsections 1 and 2, Code 2023, are
amended to read as follows:
1. A defendant awaiting judgment of conviction and
sentencing following either a plea or verdict of guilty of a
class “A” felony; forcible felony as defined in section 702.11;
any class “B” felony included in section 462A.14 or 707.6A; any
felony included in section 124.401, subsection 1, paragraph
“a” or “b”; a second or subsequent offense under section
124.401, subsection 1, paragraph “c”; any felony punishable
under section 902.9, subsection 1, paragraph “a”; any public
offense committed while detained pursuant to section 229A.5;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A.
2. A defendant appealing a conviction of a class “A”
felony; forcible felony as defined in section 702.11; any class
“B” or “C” felony included in section 462A.14 or 707.6A; any
felony included in section 124.401, subsection 1, paragraph
“a” or “b”; or a second or subsequent conviction under section
124.401, subsection 1, paragraph “c”; any felony punishable
under section 902.9, subsection 1, paragraph “a”; any public
offense committed while detained pursuant to section 229A.5;
or any public offense committed while subject to an order of
commitment pursuant to chapter 229A.
Sec. 10. Section 901.2, subsection 2, paragraph b, Code
2023, is amended to read as follows:
b. The court shall order a presentence investigation when
the offense is any felony punishable under section 902.9,
subsection 1, paragraph “a”, or a class “B”, class “C”, or
class “D” felony. A presentence investigation for any felony
punishable under section 902.9, subsection 1, paragraph “a”,
or a class “B”, class “C”, or class “D” felony shall not
be waived. The court may order, with the consent of the
-5-defendant, that the presentence investigation begin prior to
the acceptance of a plea of guilty, or prior to a verdict of
guilty.
Sec. 11. Section 901.10, Code 2023, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. A court sentencing a person for a
violation of section 124.401, subsection 1, paragraph “g”,
shall not grant any reduction of sentence.
Sec. 12. Section 902.9, subsection 1, paragraph a, Code
2023, is amended by striking the paragraph.
Sec. 13. Section 906.5, subsection 1, paragraph a, Code
2023, is amended to read as follows:
a. The board shall establish and implement a plan by which
the board systematically reviews the status of each person who
has been committed to the custody of the director of the Iowa
department of corrections and considers the person’s prospects
for parole or work release. The board at least annually shall
review the status of a person other than a class “A” felon, a
class “B” felon serving a sentence of more than twenty-five
years, or a felon serving an offense punishable under section
902.9, subsection 1, paragraph “a”, or a felon serving a
mandatory minimum sentence other than a class “A” felon, and
provide the person with notice of the board’s parole or work
release decision.
Sec. 14. REPEAL. Section 901.5A, Code 2023, is repealed.
DIVISION II
RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS
Sec. 15. Section 135.190, subsection 1, Code 2023, is
amended by adding the following new paragraphs:
NEW PARAGRAPH. 0a. “Community-based organization” means
a public or private organization that provides health or
human services to meet the needs of a community including but
not limited to a nonprofit organization, a social service
provider, or an organization providing substance abuse disorder
prevention, treatment, recovery, or harm reduction services.
-6- NEW PARAGRAPH. e. “Secondary distributor” means a law
enforcement agency, emergency medical services program, fire
department, school district, health care provider, licensed
behavioral health provider, county health department, or the
department of health and human services.
Sec. 16. Section 135.190, subsection 1, paragraph d, Code
2023, is amended to read as follows:
d. “Person in a position to assist” means a family member,
friend, caregiver, community-based organization, health care
provider, employee of a substance abuse treatment facility,
school employee, first responder as defined in section 147A.1,
or other person who may be in a place to render aid to a person
at risk of experiencing an opioid-related overdose.
Sec. 17. Section 135.190, subsections 2 and 4, Code 2023,
are amended to read as follows:
2. a. Notwithstanding any other provision of law to the
contrary, a licensed health care professional may prescribe an
opioid antagonist to a person in a position to assist or to a
secondary distributor.
b. (1) Notwithstanding any other provision of law to the
contrary, a pharmacist licensed under chapter 155A may, by
standing order or through collaborative agreement, dispense,
furnish, or otherwise provide an opioid antagonist to a person
in a position to assist or to a secondary distributor.
(2) A pharmacist or secondary distributor who dispenses,
furnishes, or otherwise provides an opioid antagonist pursuant
to a valid prescription, standing order, or collaborative
agreement shall provide written instruction, which shall
include emergency, crisis, and substance use referral contact
information, to the recipient in accordance with any protocols
and instructions developed by the department under this
section.
4. A person in a position to assist, a secondary
distributor, or a prescriber of an opioid antagonist who has
acted reasonably and in good faith shall not be liable for
-7-any injury arising from the provision, administration, or
assistance in the administration of an opioid antagonist as
provided in this section.
Sec. 18. Section 135.190, Code 2023, is amended by adding
the following new subsections:
NEW SUBSECTION. 3A. Notwithstanding any other provision
of law to the contrary, the chief medical officer of the
department may issue a standing order that does not identify
individual patients at the time it is issued for the purpose
of dispensing opioid antagonists to a person in a position to
assist.
NEW SUBSECTION. 3B. A person in a position to assist may
distribute an opioid antagonist to any individual pursuant to
this section.
Sec. 19. Section 147A.18, subsections 1 and 2, Code 2023,
are amended to read as follows:
1. a. Notwithstanding any other provision of law to the
contrary, a licensed health care professional may prescribe
an opioid antagonist in the name of a service program,
law enforcement agency, or fire department, or secondary
distributor to be maintained for use as provided in this
section. For purposes of this section, “secondary distributor”
means the same as defined in section 135.190.
b. (1) Notwithstanding any other provision of law to the
contrary, a pharmacist licensed under chapter 155A may, by
standing order or through collaborative agreement, dispense,
furnish, or otherwise provide an opioid antagonist in the
name of a service program, law enforcement agency, or fire
department, or secondary distributor to be maintained for use
as provided in this section.
(2) A pharmacist or secondary distributor who dispenses,
furnishes, or otherwise provides an opioid antagonist pursuant
to a valid prescription, standing order, or collaborative
agreement shall provide written instruction, which shall
include emergency, crisis, and substance referral contact
-8-information, to the recipient in accordance with the protocols
and instructions developed by the department under this
section.
2. A service program, law enforcement agency, or fire
department, or secondary distributor may obtain a prescription
for and maintain a supply of opioid antagonists. A service
program, law enforcement agency, or fire department, or
secondary distributor that obtains such a prescription shall
replace an opioid antagonist upon its use or expiration.
Sec. 20. Section 147A.18, Code 2023, is amended by adding
the following new subsection:
NEW SUBSECTION. 3A. A secondary distributor may possess
and provide an opioid antagonist to a person in a position to
assist as defined in section 135.190.
Sec. 21. Section 147A.18, subsection 4, paragraph b, Code
2023, is amended to read as follows:
b. A service program, law enforcement agency, or fire
department, or secondary distributor.
Sec. 22. Section 147A.18, subsection 4, Code 2023, is
amended by adding the following new paragraph:
NEW PARAGRAPH. d. The pharmacist who dispenses the opioid
antagonist.
Sec. 23. Section 155A.3, subsections 24 and 54, Code 2023,
are amended to read as follows:
24. “Limited distributor” means a person operating or
maintaining a location, regardless of the location, where
prescription drugs or devices are distributed at wholesale or
to a patient pursuant to a prescription drug order, who is
not eligible for a wholesale distributor license or pharmacy
license. “Limited distributor” does not include a secondary
distributor as defined in section 135.190.
54. “Wholesale distributor” means a person, other than
a manufacturer, a manufacturer’s co-licensed partner, a
third-party logistics provider, or repackager, engaged in the
wholesale distribution of a drug. “Wholesale distributor”
-9- does not include a secondary distributor as defined in section
135.190.
Sec. 24. Section 155A.46, subsection 1, paragraph a,
subparagraph (1), Code 2023, is amended to read as follows:
(1) Naloxone Opioid antagonists for overdose reversals.
______________________________
PAT GRASSLEYSpeaker of the House______________________________
AMY SINCLAIRPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 595, Ninetieth General Assembly.______________________________
MEGHAN NELSONChief Clerk of the HouseApproved _______________, 2023______________________________
KIM REYNOLDSGovernoras/rh/md