House File 2296 - Introduced HOUSE FILE 2296 BY FORBES A BILL FOR An Act relating to the provision of harm reduction vending 1 machines. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5967YH (3) 90 pf/ko
H.F. 2296 Section 1. Section 124.414, subsection 1, paragraph b, Code 1 2024, is amended to read as follows: 2 b. Drug paraphernalia does not include hypodermic any of 3 the following: 4 (1) Hypodermic needles or syringes if manufactured, 5 delivered, sold, or possessed for a lawful purpose. 6 (2) Equipment, products, or materials used to analyze or 7 test for the presence of fentanyl, a fentanyl analog, or a drug 8 adulterant within a controlled substance. 9 Sec. 2. Section 135.190, Code 2024, is amended to read as 10 follows: 11 135.190 Possession and administration of opioid antagonists 12 harm reduction vending machines immunity. 13 1. For purposes of this section subchapter , unless the 14 context otherwise requires: 15 a. Community-based organization means a public or private 16 organization that provides health or human services to meet the 17 needs of a community including but not limited to a nonprofit 18 organization, a social service provider, or an organization 19 providing substance abuse disorder prevention, treatment, 20 recovery, or harm reduction services. 21 b. Fentanyl test strip means equipment, products, or 22 materials used to analyze or test for the presence of fentanyl, 23 a fentanyl analog, or a drug adulterant within a controlled 24 substance. 25 c. First responder means an emergency medical care 26 provider, a registered nurse staffing an authorized service 27 program under section 147A.12, a physician assistant staffing 28 an authorized service program under section 147A.13, a fire 29 fighter, or a peace officer as defined in section 801.4 who is 30 trained and authorized to administer an opioid antagonist. 31 d. Harm reduction vending machine means a vending machine 32 stocked with opioid antagonists and fentanyl test strips that 33 are accessed free of charge through an access code obtained 34 by calling the telephone number or visiting the internet site 35 -1- LSB 5967YH (3) 90 pf/ko 1/ 7
H.F. 2296 provided on the vending machine. 1 b. e. Licensed health care professional means the same as 2 defined in section 280.16 . 3 c. f. Opioid antagonist means the same as defined in 4 section 147A.1 . 5 d. g. Opioid-related overdose means the same as defined 6 in section 147A.1 . 7 e. h. Person in a position to assist means a family 8 member, friend, caregiver, community-based organization, health 9 care provider, employee of a substance use disorder treatment 10 facility, school employee, first responder as defined in 11 section 147A.1 , or other person who may be in a place to render 12 aid to a person at risk of experiencing an opioid-related 13 overdose. 14 f. i. Secondary distributor means a law enforcement 15 agency, emergency medical services program, fire department, 16 school district, health care provider, licensed behavioral 17 health provider, county health department, or the department 18 of health and human services. 19 2. a. Notwithstanding any other provision of law to the 20 contrary, a licensed health care professional may prescribe an 21 opioid antagonist to a person in a position to assist or to a 22 secondary distributor. 23 b. (1) Notwithstanding any other provision of law to the 24 contrary, a pharmacist licensed under chapter 155A may, by 25 standing order or through collaborative agreement, dispense, 26 furnish, or otherwise provide an opioid antagonist to a person 27 in a position to assist or to a secondary distributor. 28 (2) A pharmacist or secondary distributor who dispenses, 29 furnishes, or otherwise provides an opioid antagonist pursuant 30 to a valid prescription, standing order, or collaborative 31 agreement shall provide written instruction, which shall 32 include emergency, crisis, and substance use referral contact 33 information, to the recipient in accordance with any protocols 34 and instructions developed by the department under this 35 -2- LSB 5967YH (3) 90 pf/ko 2/ 7
H.F. 2296 section . 1 3. A person in a position to assist may possess and provide 2 or administer an opioid antagonist to an individual if the 3 person in a position to assist reasonably and in good faith 4 believes that such individual is experiencing an opioid-related 5 overdose. 6 4. a. Notwithstanding any other provision of law to the 7 contrary, the chief medical officer of the department may issue 8 a standing order that does not identify individual patients 9 at the time it is issued for the purpose of dispensing opioid 10 antagonists to a person in a position to assist. 11 b. Notwithstanding any provision of law to the contrary, the 12 chief medical officer of the department shall issue a standing 13 order that does not identify individual patients at the time 14 it is issued for the purpose of dispensing opioid antagonists 15 through harm reduction vending machines as provided in section 16 135.190B. 17 5. A person in a position to assist may distribute an opioid 18 antagonist to any individual pursuant to this section . 19 6. A person in a position to assist, a secondary 20 distributor, or a prescriber of an opioid antagonist who has 21 acted reasonably and in good faith shall not be liable for 22 any injury arising from the provision, administration, or 23 assistance in the administration of an opioid antagonist as 24 provided in this section . 25 7. A school district may obtain a valid prescription for an 26 opioid antagonist and maintain a supply of opioid antagonists 27 in a secure location at each location where a student may be 28 present for use as provided in this section . 29 8. The department may adopt rules pursuant to chapter 17A to 30 implement and administer this section . 31 Sec. 3. Section 135.190A, Code 2024, is amended to read as 32 follows: 33 135.190A Opioid antagonist medication fund. 34 1. An opioid antagonist medication fund for first 35 -3- LSB 5967YH (3) 90 pf/ko 3/ 7
H.F. 2296 responders is created within the state treasury under the 1 control of the department. The fund shall consist of moneys 2 appropriated to or deposited into the fund. 3 2. Moneys in the fund are appropriated to the department for 4 the purchase, maintenance, and replacement of opioid antagonist 5 medication antagonists administered by first responders to 6 persons experiencing an opioid-related overdose , and for the 7 purchase, maintenance, and replacement of opioid antagonists 8 provided through harm reduction vending machines pursuant 9 to section 135.190B . The department is authorized to may 10 designate moneys in the fund for the purchase, maintenance, and 11 replacement of opioid antagonist medication antagonists used by 12 the department or other entities under this section . 13 3. First responders may contact the department for the 14 procurement of opioid antagonist medication antagonists, and 15 community-based organizations may contact the department for 16 the procurement of opioid antagonists to be placed in harm 17 reduction vending machines . The department shall keep a record 18 of the distribution of moneys from the fund. 19 4. The fund may consist of available federal or state moneys 20 available, as well as any available opioid lawsuit settlement 21 moneys. Funds may be transferred between other state agencies 22 and the fund as appropriate. 23 5. Notwithstanding section 8.33 , moneys in the fund 24 that remain unencumbered or unobligated at the close of 25 a fiscal year shall not revert but shall remain available 26 for expenditure for the purposes designated unless federal 27 regulations otherwise require. Notwithstanding section 12C.7, 28 subsection 2 , interest or earnings on moneys in the fund shall 29 be credited to the fund. 30 6. The department shall submit a report to the general 31 assembly on or before December 31 of each year which shall 32 contain a list of deposits and expenditures from the fund for 33 the prior fiscal year and the amount of carryover funds, if 34 any, to be distributed in the next fiscal year. 35 -4- LSB 5967YH (3) 90 pf/ko 4/ 7
H.F. 2296 7. For purposes of this section : 1 a. First responder means an emergency medical care 2 provider, a registered nurse staffing an authorized service 3 program under section 147A.12 , a physician assistant staffing 4 an authorized service program under section 147A.13 , a fire 5 fighter, or a peace officer as defined in section 801.4 who is 6 trained and authorized to administer an opioid antagonist. 7 b. Opioid antagonist means the same as defined in section 8 147A.1 . 9 c. Opioid-related overdose means the same as defined in 10 section 147A.1 . 11 Sec. 4. NEW SECTION . 135.190B Harm reduction vending 12 machines immunity rules. 13 1. The department shall collaborate with the department 14 of public safety, the Iowa harm reduction coalition, and 15 community-based organizations to develop and implement a 16 strategic plan to place and continuously stock harm reduction 17 vending machines to make opioid antagonists and fentanyl test 18 strips readily available to the public in areas throughout the 19 state with the highest prevalence of opioid-related overdose. 20 2. A person who controls, manages, or legally accesses a 21 harm reduction vending machine and who acts reasonably and in 22 good faith shall not be liable for any injury arising from the 23 provision, administration, or assistance in the administration 24 of an opioid antagonist accessed through a harm reduction 25 vending machine as provided in this section. 26 3. The department shall adopt rules pursuant to chapter 17A 27 to administer this section. 28 Sec. 5. CODE EDITOR DIRECTIVE. The Code editor is directed 29 to rename subchapter XXXIII in chapter 135 OPIOID ANTAGONISTS 30 QUALIFIED IMMUNITY FUND HARM REDUCTION VENDING 31 MACHINES and include sections 135.190 through 135.190B. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanations substance by the members of the general assembly. 35 -5- LSB 5967YH (3) 90 pf/ko 5/ 7
H.F. 2296 This bill relates to the provision of harm reduction vending 1 machines. The bill amends Code section 135.190 (possession and 2 administration of opioid antagonists immunity) to provide 3 definitions used in the bill including harm reduction vending 4 machine which is defined as a vending machine stocked with 5 opioid antagonists and fentanyl test strips that are accessed 6 free of charge through the use of an access code obtained by 7 calling the telephone number or visiting the internet site 8 provided on the vending machine. Code section 135.190 is also 9 amended to require that, notwithstanding any provision of law 10 to the contrary, the chief medical officer of the department of 11 health and human services (HHS) shall issue a standing order 12 that does not identify individual patients at the time it is 13 issued for the purpose of dispensing opioid antagonists through 14 harm reduction vending machines. 15 The bill amends Code section 135.190A (opioid antagonist 16 medication fund) to provide that the moneys in the fund and 17 appropriated to HHS may be used for the purchase, maintenance, 18 and replacement of opioid antagonists to be placed in harm 19 reduction vending machines; and to provide that community-based 20 organizations may contact HHS for the procurement of opioid 21 antagonists to be placed in harm reduction vending machines. 22 The bill creates new Code section 135.190B (harm reduction 23 vending machines immunity rules). The bill requires 24 HHS to collaborate with the department of public safety, 25 the Iowa harm reduction coalition, and community-based 26 organizations to develop and implement a strategic plan to 27 place and continuously stock harm reduction vending machines 28 to make opioid antagonists and fentanyl test strips available 29 to the public in areas throughout the state with the highest 30 prevalence of opioid-related overdose. The bill provides that 31 a person who controls, manages, or legally accesses a harm 32 reduction vending machine and who acts reasonably and in good 33 faith shall not be liable for any injury arising from the 34 provision, administration, or assistance in the administration 35 -6- LSB 5967YH (3) 90 pf/ko 6/ 7
H.F. 2296 of an opioid antagonist accessed through a harm reduction 1 vending machine. HHS shall adopt administrative rules to 2 administer the new Code section. 3 Under current Code section 124.414 (drug paraphernalia) a 4 person who knowingly or intentionally manufactures, delivers, 5 sells, or possesses drug paraphernalia commits a simple 6 misdemeanor. A simple misdemeanor is punishable by confinement 7 for no more than 30 days and a fine of at least $105 but not 8 more than $855. The bill exempts from the definition of 9 drug paraphernalia equipment, products, or materials used 10 to analyze or test for the presence of fentanyl, a fentanyl 11 analog, or a drug adulterant within a controlled substance. 12 -7- LSB 5967YH (3) 90 pf/ko 7/ 7