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House File 115 - IntroducedA Bill ForAn Act 1relating to drug overdose prevention, including by
2limiting criminal and civil liability, and modifying
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 124.417 Persons seeking medical
2assistance for drug-related overdose.
31. As used in this section, unless the context otherwise
4requires:
5a. “Drug-related overdose” means a condition of a person for
6which each of the following is true:
7(1) The person is in need of medical assistance.
8(2) The person displays symptoms including but not limited
9to extreme physical illness, pinpoint pupils, decreased level
10of consciousness including coma, or respiratory depression.
11(3) The person’s condition is the result of, or a prudent
12layperson would reasonably believe such condition to be the
13result of, the consumption or use of a controlled substance.
14b. “Overdose patient” means a person who is, or would
15reasonably be perceived to be, suffering a drug-related
16overdose.
17c. “Overdose reporter” means a person who seeks medical
18assistance for an overdose patient.
19d. “Protected information” means information or evidence
20collected or derived as a result of any of the following:
21(1) An overdose patient’s good-faith actions to seek
22medical assistance while experiencing a drug-related overdose.
23(2) An overdose reporter’s good-faith actions to seek
24medical assistance for an overdose patient experiencing a
25drug-related overdose if all of the following are true:
26(a) The overdose patient is in need of medical assistance
27for an immediate health or safety concern.
28(b) The overdose reporter is the first person to seek
29medical assistance for the overdose patient.
30(c) The overdose reporter provides the overdose reporter’s
31name and contact information to medical or law enforcement
32personnel.
33(d) The overdose reporter remains on the scene until
34assistance arrives or is provided.
35(e) The overdose reporter cooperates with medical and law
-1-1enforcement personnel.
22. Protected information shall not be considered to support
3probable cause and shall not be admissible as evidence against
4an overdose patient or overdose reporter for any of the
5following offenses:
6a. Violation of section 124.401, subsection 1, paragraph “c”
7or “d”.
8b. Violation of section 124.407.
9c. Violation of section 124.414.
103. a. Protected information may be considered with regard
11to the proposed revocation of a person’s pretrial release,
12probation, supervised release, or parole.
13b. A person’s status as an overdose reporter may be
14considered as a mitigating factor with regard to the proposed
15revocation of a person’s pretrial release, probation,
16supervised release, or parole.
174. Notwithstanding any other provision of law to the
18contrary, a court may consider the act of providing first aid
19or other medical assistance to someone who is experiencing a
20drug-related overdose as a mitigating factor in a criminal
21prosecution.
225. This section shall not be construed to limit the use or
23admissibility of any evidence in a criminal case other than as
24provided in subsection 2.
25 Sec. 2. Section 135.190, subsection 2, paragraph a, Code
262017, is amended to read as follows:
27a. Notwithstanding any other provision of law to the
28contrary, a licensed health care professional may, directly or
29by standing order, prescribe an opioid antagonist to a person
30in a position to assist.
31 Sec. 3. Section 135.190, subsections 3 and 4, Code 2017, are
32amended to read as follows:
333. A person in a position to assist may possess, with or
34without a prescription, and provide or administer an opioid
35antagonist to an individual if the person in a position
-2-1to assist reasonably and in good faith believes that such
2individual is experiencing an opioid-related overdose.
34. A person in a position to assist, or a prescriber, or
4a dispenser of an opioid antagonist who has acted reasonably
5and in good faith shall not be subject to any professional
6disciplinary action or be criminally or civilly liable for
7any injury arising from the provision, administration, or
8assistance in the administration of an opioid antagonist as
9provided in this section.
10 Sec. 4. Section 147A.18, subsection 1, paragraph a, Code
112017, is amended to read as follows:
12a. Notwithstanding any other provision of law to the
13contrary, a licensed health care professional may, directly
14or by standing order, prescribe an opioid antagonist in the
15name of a service program, law enforcement agency, or fire
16department to be maintained for use as provided in this
17section.
18 Sec. 5. Section 147A.18, subsections 3 and 4, Code 2017, are
19amended to read as follows:
203. A first responder employed by a service program, law
21enforcement agency, or fire department that maintains a supply
22of opioid antagonists pursuant to this section may possess,
23with or without a prescription, and provide or administer such
24an opioid antagonist to an individual if the first responder
25reasonably and in good faith believes that such individual is
26experiencing an opioid-related overdose.
274. The following persons, provided they have acted
28reasonably and in good faith, shall not be subject to
29any professional disciplinary action or be criminally or
30civilly liable for any injury arising from the provision,
31administration, or assistance in the administration of an
32opioid antagonist as provided in this section:
33a. A first responder who provides, administers, or assists
34in the administration of an opioid antagonist to an individual
35as provided in this section.
-3- 1b. A service program, law enforcement agency, or fire
2department.
3c. The prescriber of the opioid antagonist.
4 Sec. 6. Section 147A.18, subsection 4, Code 2017, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. d. The dispenser of the opioid antagonist.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to drug overdose prevention, immunity
11from certain criminal offenses when a person reports or seeks
12medical assistance for a drug-related overdose, and immunity
13for the prescription, provision, or administration of an opioid
14antagonist.
15Under the bill, if a person seeks medical assistance for
16another person experiencing a drug-related overdose, or if
17a person experiencing a drug-related overdose seeks medical
18assistance, the person is immune from prosecution for the use
19of or possession of certain amounts of a controlled substance
20or possession of drug paraphernalia. Immunity for a person
21who seeks medical assistance for another is only available if
22the person is the first to seek medical assistance, provides
23such person’s name and contact information to medical or law
24enforcement personnel, remains on the scene until assistance
25arrives or is provided, and cooperates with medical and law
26enforcement personnel.
27The bill provides that protected information may be
28considered with regard to the proposed revocation of a person’s
29pretrial release, probation, supervised release, or parole,
30but that a person’s status as an overdose reporter may be
31considered as a mitigating factor with regard to such proposed
32revocation.
33The bill provides that a court may consider the act of
34providing first aid or other medical assistance to someone who
35is experiencing a drug-related overdose as a mitigating factor
-4-1in a criminal prosecution.
2Under current law, a licensed health care professional may
3prescribe an opioid antagonist to a person in a position to
4assist a drug overdose victim or in the name of an ambulance
5service program, law enforcement agency, or fire department.
6The bill specifies that such a prescription may be made
7directly or by standing order.
8Under current law, a person in a position to assist or a
9first responder employed by an ambulance service program, law
10enforcement agency, or fire department that maintains a supply
11of opioid antagonists may possess an opioid antagonist. The
12bill specifies that a person in a position to assist or a first
13responder may possess an opioid antagonist even if such a
14person has not been prescribed an opioid antagonist.
15Under current law, a person in a position to assist, a
16prescriber of an opioid antagonist, an ambulance service
17program, law enforcement agency, fire department, or first
18responder who has acted reasonably and in good faith is
19not liable for any injury arising from the provision,
20administration, or assistance in the administration of an
21opioid antagonist. The bill provides that such immunity is
22from civil and criminal liability, and that a person shall
23also not face professional disciplinary action from the
24provision, administration, or assistance in the administration
25of an opioid antagonist. The bill extends this immunity to a
26dispenser of an opioid antagonist.
-5-jh/nh
2limiting criminal and civil liability, and modifying
3penalties.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 124.417 Persons seeking medical
2assistance for drug-related overdose.
31. As used in this section, unless the context otherwise
4requires:
5a. “Drug-related overdose” means a condition of a person for
6which each of the following is true:
7(1) The person is in need of medical assistance.
8(2) The person displays symptoms including but not limited
9to extreme physical illness, pinpoint pupils, decreased level
10of consciousness including coma, or respiratory depression.
11(3) The person’s condition is the result of, or a prudent
12layperson would reasonably believe such condition to be the
13result of, the consumption or use of a controlled substance.
14b. “Overdose patient” means a person who is, or would
15reasonably be perceived to be, suffering a drug-related
16overdose.
17c. “Overdose reporter” means a person who seeks medical
18assistance for an overdose patient.
19d. “Protected information” means information or evidence
20collected or derived as a result of any of the following:
21(1) An overdose patient’s good-faith actions to seek
22medical assistance while experiencing a drug-related overdose.
23(2) An overdose reporter’s good-faith actions to seek
24medical assistance for an overdose patient experiencing a
25drug-related overdose if all of the following are true:
26(a) The overdose patient is in need of medical assistance
27for an immediate health or safety concern.
28(b) The overdose reporter is the first person to seek
29medical assistance for the overdose patient.
30(c) The overdose reporter provides the overdose reporter’s
31name and contact information to medical or law enforcement
32personnel.
33(d) The overdose reporter remains on the scene until
34assistance arrives or is provided.
35(e) The overdose reporter cooperates with medical and law
-1-1enforcement personnel.
22. Protected information shall not be considered to support
3probable cause and shall not be admissible as evidence against
4an overdose patient or overdose reporter for any of the
5following offenses:
6a. Violation of section 124.401, subsection 1, paragraph “c”
7or “d”.
8b. Violation of section 124.407.
9c. Violation of section 124.414.
103. a. Protected information may be considered with regard
11to the proposed revocation of a person’s pretrial release,
12probation, supervised release, or parole.
13b. A person’s status as an overdose reporter may be
14considered as a mitigating factor with regard to the proposed
15revocation of a person’s pretrial release, probation,
16supervised release, or parole.
174. Notwithstanding any other provision of law to the
18contrary, a court may consider the act of providing first aid
19or other medical assistance to someone who is experiencing a
20drug-related overdose as a mitigating factor in a criminal
21prosecution.
225. This section shall not be construed to limit the use or
23admissibility of any evidence in a criminal case other than as
24provided in subsection 2.
25 Sec. 2. Section 135.190, subsection 2, paragraph a, Code
262017, is amended to read as follows:
27a. Notwithstanding any other provision of law to the
28contrary, a licensed health care professional may, directly or
29by standing order, prescribe an opioid antagonist to a person
30in a position to assist.
31 Sec. 3. Section 135.190, subsections 3 and 4, Code 2017, are
32amended to read as follows:
333. A person in a position to assist may possess, with or
34without a prescription, and provide or administer an opioid
35antagonist to an individual if the person in a position
-2-1to assist reasonably and in good faith believes that such
2individual is experiencing an opioid-related overdose.
34. A person in a position to assist, or a prescriber, or
4a dispenser of an opioid antagonist who has acted reasonably
5and in good faith shall not be subject to any professional
6disciplinary action or be criminally or civilly liable for
7any injury arising from the provision, administration, or
8assistance in the administration of an opioid antagonist as
9provided in this section.
10 Sec. 4. Section 147A.18, subsection 1, paragraph a, Code
112017, is amended to read as follows:
12a. Notwithstanding any other provision of law to the
13contrary, a licensed health care professional may, directly
14or by standing order, prescribe an opioid antagonist in the
15name of a service program, law enforcement agency, or fire
16department to be maintained for use as provided in this
17section.
18 Sec. 5. Section 147A.18, subsections 3 and 4, Code 2017, are
19amended to read as follows:
203. A first responder employed by a service program, law
21enforcement agency, or fire department that maintains a supply
22of opioid antagonists pursuant to this section may possess,
23with or without a prescription, and provide or administer such
24an opioid antagonist to an individual if the first responder
25reasonably and in good faith believes that such individual is
26experiencing an opioid-related overdose.
274. The following persons, provided they have acted
28reasonably and in good faith, shall not be subject to
29any professional disciplinary action or be criminally or
30civilly liable for any injury arising from the provision,
31administration, or assistance in the administration of an
32opioid antagonist as provided in this section:
33a. A first responder who provides, administers, or assists
34in the administration of an opioid antagonist to an individual
35as provided in this section.
-3- 1b. A service program, law enforcement agency, or fire
2department.
3c. The prescriber of the opioid antagonist.
4 Sec. 6. Section 147A.18, subsection 4, Code 2017, is amended
5by adding the following new paragraph:
6 NEW PARAGRAPH. d. The dispenser of the opioid antagonist.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
10This bill relates to drug overdose prevention, immunity
11from certain criminal offenses when a person reports or seeks
12medical assistance for a drug-related overdose, and immunity
13for the prescription, provision, or administration of an opioid
14antagonist.
15Under the bill, if a person seeks medical assistance for
16another person experiencing a drug-related overdose, or if
17a person experiencing a drug-related overdose seeks medical
18assistance, the person is immune from prosecution for the use
19of or possession of certain amounts of a controlled substance
20or possession of drug paraphernalia. Immunity for a person
21who seeks medical assistance for another is only available if
22the person is the first to seek medical assistance, provides
23such person’s name and contact information to medical or law
24enforcement personnel, remains on the scene until assistance
25arrives or is provided, and cooperates with medical and law
26enforcement personnel.
27The bill provides that protected information may be
28considered with regard to the proposed revocation of a person’s
29pretrial release, probation, supervised release, or parole,
30but that a person’s status as an overdose reporter may be
31considered as a mitigating factor with regard to such proposed
32revocation.
33The bill provides that a court may consider the act of
34providing first aid or other medical assistance to someone who
35is experiencing a drug-related overdose as a mitigating factor
-4-1in a criminal prosecution.
2Under current law, a licensed health care professional may
3prescribe an opioid antagonist to a person in a position to
4assist a drug overdose victim or in the name of an ambulance
5service program, law enforcement agency, or fire department.
6The bill specifies that such a prescription may be made
7directly or by standing order.
8Under current law, a person in a position to assist or a
9first responder employed by an ambulance service program, law
10enforcement agency, or fire department that maintains a supply
11of opioid antagonists may possess an opioid antagonist. The
12bill specifies that a person in a position to assist or a first
13responder may possess an opioid antagonist even if such a
14person has not been prescribed an opioid antagonist.
15Under current law, a person in a position to assist, a
16prescriber of an opioid antagonist, an ambulance service
17program, law enforcement agency, fire department, or first
18responder who has acted reasonably and in good faith is
19not liable for any injury arising from the provision,
20administration, or assistance in the administration of an
21opioid antagonist. The bill provides that such immunity is
22from civil and criminal liability, and that a person shall
23also not face professional disciplinary action from the
24provision, administration, or assistance in the administration
25of an opioid antagonist. The bill extends this immunity to a
26dispenser of an opioid antagonist.
-5-jh/nh