House File 595 - Reprinted HOUSE FILE 595 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 104) (As Amended and Passed by the House March 21, 2023 ) A BILL FOR An Act relating to controlled substances including the 1 manufacture, delivery, or possession of a controlled 2 substance including fentanyl; the manufacture of a 3 controlled substance in the presence of a minor; conspiracy 4 to manufacture for delivery or delivery or intent or 5 conspiracy to deliver a controlled substance to a 6 minor; receipt, provision, and administration of opioid 7 antagonists, including by secondary distributors; providing 8 for immunity; and providing penalties. 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 10 HF 595 (5) 90 as/rh/md
H.F. 595 DIVISION I 1 MANUFACTURE, DELIVERY, OR POSSESSION OF A CONTROLLED SUBSTANCE 2 Section 1. Section 124.401, subsection 1, paragraph a, 3 subparagraph (8), Code 2023, is amended to read as follows: 4 (8) More than ten kilograms of a mixture or substance 5 containing any detectable amount of those substances identified 6 in section 124.204, subsection 9 , except for a mixture or 7 substance containing any detectable amount of fentanyl or any 8 fentanyl-related substance identified in section 124.204, 9 subsection 9 . 10 Sec. 2. Section 124.401, subsection 1, paragraph a, Code 11 2023, is amended by adding the following new subparagraph: 12 NEW SUBPARAGRAPH . (9) More than fifty grams of a mixture 13 or substance containing a detectable amount of fentanyl or 14 any fentanyl-related substance identified in section 124.204, 15 subsection 9. 16 Sec. 3. Section 124.401, subsection 1, paragraph b, Code 17 2023, is amended by adding the following new subparagraph: 18 NEW SUBPARAGRAPH . (10) More than five grams but not 19 more than fifty grams of a mixture or substance containing a 20 detectable amount of fentanyl or any fentanyl-related substance 21 identified in section 124.204, subsection 9. 22 Sec. 4. Section 124.401, subsection 1, paragraph c, Code 23 2023, is amended by adding the following new subparagraph: 24 NEW SUBPARAGRAPH . (10) Five grams or less of a mixture 25 or substance containing a detectable amount of fentanyl or 26 any fentanyl-related substance identified in section 124.204, 27 subsection 9. 28 Sec. 5. Section 124.401, subsection 1, Code 2023, is amended 29 by adding the following new paragraphs: 30 NEW PARAGRAPH . g. A person who causes the death of another 31 person while participating in a violation of this subsection 32 and who is not entitled to protection under section 124.418, 33 shall be sentenced to three times the term otherwise imposed by 34 law, and no such judgment, sentence, or part thereof shall be 35 -1- HF 595 (5) 90 as/rh/md 1/ 10
H.F. 595 deferred or suspended. 1 NEW PARAGRAPH . h. A person who causes serious bodily injury 2 to another person while participating in a violation of this 3 subsection and who is not entitled to protection under section 4 124.418, shall be sentenced to two times the term otherwise 5 imposed by law, and no such judgment, sentence, or part thereof 6 shall be deferred or suspended. 7 NEW PARAGRAPH . i. For purposes of this subsection, a person 8 causes the death or serious injury of another person when the 9 controlled substance contributes to the other persons death 10 or serious injury. 11 Sec. 6. Section 124.401C, subsection 1, Code 2023, is 12 amended to read as follows: 13 1. In addition to any other penalties provided in this 14 chapter , a person who is eighteen years of age or older and 15 who either directly or by extraction from natural substances, 16 or independently by means of chemical processes, or both, 17 unlawfully manufactures methamphetamine, its salts, isomers, 18 or salts of its isomers a controlled substance, counterfeit 19 substance, simulated controlled substance, or imitation 20 controlled substance in violation of section 124.401, 21 subsection 1, paragraph a , b , or c , in the presence 22 of a minor shall be sentenced up to an additional term of 23 confinement of five years to two times the term otherwise 24 imposed by law, and no such judgment, sentence, or part thereof 25 shall be deferred or suspended . However, the additional term 26 of confinement shall not be imposed on a person who has been 27 convicted and sentenced for a child endangerment offense under 28 section 726.6, subsection 1 , paragraph g , arising from the 29 same facts. 30 Sec. 7. Section 124.401D, Code 2023, is amended to read as 31 follows: 32 124.401D Conspiracy to manufacture for delivery or delivery 33 or intent or conspiracy to deliver amphetamine or methamphetamine 34 to a minor. 35 -2- HF 595 (5) 90 as/rh/md 2/ 10
H.F. 595 1. a. It is unlawful for a person eighteen years of age 1 or older to act with, or enter into a common scheme or design 2 with, or conspire with one or more persons to manufacture 3 for delivery to a person under eighteen years of age a 4 material, compound, mixture, preparation, or substance that 5 contains any detectable amount of amphetamine, its salts, 6 isomers, or salts of its isomers, or methamphetamine, its 7 salts, isomers, or salts of its isomers controlled substance, 8 counterfeit substance, simulated controlled substance, or 9 imitation controlled substance in violation of section 124.401, 10 subsection 1, paragraph a , b , or c . 11 b. A violation of this subsection is a felony punishable 12 under section 902.9, subsection 1 , paragraph a A person 13 violating this subsection shall be sentenced to two times the 14 term otherwise imposed under section 124.401, subsection 1, and 15 no such judgment, sentence, or part thereof shall be deferred 16 or suspended . 17 c. A second or subsequent violation of this subsection is a 18 class A felony. 19 2. a. It is unlawful for a person eighteen years of age 20 or older to deliver, or possess with the intent to deliver to 21 a person under eighteen years of age, a material, compound, 22 mixture, preparation, or substance that contains any detectable 23 amount of amphetamine, its salts, isomers, or salts of its 24 isomers, or methamphetamine, its salts, isomers, or salts 25 of its isomers controlled substance, counterfeit substance, 26 simulated controlled substance, or imitation controlled 27 substance in violation of section 124.401, subsection 1, 28 paragraph a , b , or c , or to act with, or enter into a 29 common scheme or design with, or conspire with one or more 30 persons to deliver or possess with the intent to deliver to 31 a person under eighteen years of age a material, compound, 32 mixture, preparation, or substance that contains any detectable 33 amount of amphetamine, its salts, isomers, or salts of its 34 isomers, or methamphetamine, its salts, isomers, or salts 35 -3- HF 595 (5) 90 as/rh/md 3/ 10
H.F. 595 of its isomers controlled substance, counterfeit substance, 1 simulated controlled substance, or imitation controlled 2 substance in violation of section 124.401, subsection 1, 3 paragraph a , b , or c . 4 b. A violation of this subsection is a felony punishable 5 under section 902.9, subsection 1 , paragraph a A person 6 violating this subsection shall be sentenced to two times the 7 term otherwise imposed under section 124.401, subsection 1, and 8 no such judgment, sentence, or part thereof shall be deferred 9 or suspended . 10 c. A second or subsequent violation of this subsection is a 11 class A felony. 12 3. Delivery to a minor or possession with intent to deliver 13 to a minor a controlled substance, counterfeit substance, 14 simulated controlled substance, or imitation controlled 15 substance in violation of section 124.401, subsection 1, 16 paragraph a , b , or c , shall include the following products 17 if the person knew or had reasonable cause to believe the 18 controlled, counterfeit, simulated, or imitation controlled 19 substance would be delivered to a person under eighteen years 20 of age: 21 a. Combining a controlled substance listed in section 22 124.401, subsection 1, paragraph a , b , or c , with a food 23 or beverage product. 24 b. Marketing or packaging a controlled substance listed in 25 section 124.401, subsection 1, paragraph a , b , or c , to 26 appear similar to a food or beverage product. 27 c. Modifying the flavor or color of a controlled substance 28 listed in section 124.401, subsection 1, paragraph a , b , or 29 c , to appear similar to a food or beverage product. 30 Sec. 8. Section 124.413, subsection 1, Code 2023, is amended 31 to read as follows: 32 1. Except as provided in subsection 3 and sections 901.11 33 and 901.12 , a person sentenced pursuant to section 124.401, 34 subsection 1 , paragraph a , b , e , or f , g , or h shall 35 -4- HF 595 (5) 90 as/rh/md 4/ 10
H.F. 595 not be eligible for parole or work release until the person 1 has served a minimum term of confinement of one-third of the 2 maximum indeterminate sentence prescribed by law. 3 Sec. 9. Section 811.1, subsections 1 and 2, Code 2023, are 4 amended to read as follows: 5 1. A defendant awaiting judgment of conviction and 6 sentencing following either a plea or verdict of guilty of a 7 class A felony; forcible felony as defined in section 702.11 ; 8 any class B felony included in section 462A.14 or 707.6A ; any 9 felony included in section 124.401, subsection 1 , paragraph 10 a or b ; a second or subsequent offense under section 11 124.401, subsection 1 , paragraph c ; any felony punishable 12 under section 902.9, subsection 1 , paragraph a ; any public 13 offense committed while detained pursuant to section 229A.5 ; 14 or any public offense committed while subject to an order of 15 commitment pursuant to chapter 229A . 16 2. A defendant appealing a conviction of a class A 17 felony; forcible felony as defined in section 702.11 ; any class 18 B or C felony included in section 462A.14 or 707.6A ; any 19 felony included in section 124.401, subsection 1 , paragraph 20 a or b ; or a second or subsequent conviction under section 21 124.401, subsection 1 , paragraph c ; any felony punishable 22 under section 902.9, subsection 1 , paragraph a ; any public 23 offense committed while detained pursuant to section 229A.5 ; 24 or any public offense committed while subject to an order of 25 commitment pursuant to chapter 229A . 26 Sec. 10. Section 901.2, subsection 2, paragraph b, Code 27 2023, is amended to read as follows: 28 b. The court shall order a presentence investigation when 29 the offense is any felony punishable under section 902.9, 30 subsection 1 , paragraph a , or a class B, class C, or 31 class D felony. A presentence investigation for any felony 32 punishable under section 902.9, subsection 1 , paragraph a , 33 or a class B, class C, or class D felony shall not 34 be waived. The court may order, with the consent of the 35 -5- HF 595 (5) 90 as/rh/md 5/ 10
H.F. 595 defendant, that the presentence investigation begin prior to 1 the acceptance of a plea of guilty, or prior to a verdict of 2 guilty. 3 Sec. 11. Section 901.10, Code 2023, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 1A. A court sentencing a person for a 6 violation of section 124.401, subsection 1, paragraph g , 7 shall not grant any reduction of sentence. 8 Sec. 12. Section 902.9, subsection 1, paragraph a, Code 9 2023, is amended by striking the paragraph. 10 Sec. 13. Section 906.5, subsection 1, paragraph a, Code 11 2023, is amended to read as follows: 12 a. The board shall establish and implement a plan by which 13 the board systematically reviews the status of each person who 14 has been committed to the custody of the director of the Iowa 15 department of corrections and considers the persons prospects 16 for parole or work release. The board at least annually shall 17 review the status of a person other than a class A felon, a 18 class B felon serving a sentence of more than twenty-five 19 years, or a felon serving an offense punishable under section 20 902.9, subsection 1 , paragraph a , or a felon serving a 21 mandatory minimum sentence other than a class A felon, and 22 provide the person with notice of the boards parole or work 23 release decision. 24 Sec. 14. REPEAL. Section 901.5A, Code 2023, is repealed. 25 DIVISION II 26 RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS 27 Sec. 15. Section 135.190, subsection 1, Code 2023, is 28 amended by adding the following new paragraphs: 29 NEW PARAGRAPH . 0a. Community-based organization means 30 a public or private organization that provides health or 31 human services to meet the needs of a community including but 32 not limited to a nonprofit organization, a social service 33 provider, or an organization providing substance abuse disorder 34 prevention, treatment, recovery, or harm reduction services. 35 -6- HF 595 (5) 90 as/rh/md 6/ 10
H.F. 595 NEW PARAGRAPH . e. Secondary distributor means a law 1 enforcement agency, emergency medical services program, fire 2 department, school district, health care provider, licensed 3 behavioral health provider, county health department, or the 4 department of health and human services. 5 Sec. 16. Section 135.190, subsection 1, paragraph d, Code 6 2023, is amended to read as follows: 7 d. Person in a position to assist means a family member, 8 friend, caregiver, community-based organization, health care 9 provider, employee of a substance abuse treatment facility, 10 school employee, first responder as defined in section 147A.1, 11 or other person who may be in a place to render aid to a person 12 at risk of experiencing an opioid-related overdose. 13 Sec. 17. Section 135.190, subsections 2 and 4, Code 2023, 14 are amended to read as follows: 15 2. a. Notwithstanding any other provision of law to the 16 contrary, a licensed health care professional may prescribe an 17 opioid antagonist to a person in a position to assist or to a 18 secondary distributor . 19 b. (1) Notwithstanding any other provision of law to the 20 contrary, a pharmacist licensed under chapter 155A may, by 21 standing order or through collaborative agreement, dispense, 22 furnish, or otherwise provide an opioid antagonist to a person 23 in a position to assist or to a secondary distributor . 24 (2) A pharmacist or secondary distributor who dispenses, 25 furnishes, or otherwise provides an opioid antagonist pursuant 26 to a valid prescription, standing order, or collaborative 27 agreement shall provide written instruction , which shall 28 include emergency, crisis, and substance use referral contact 29 information, to the recipient in accordance with any protocols 30 and instructions developed by the department under this 31 section . 32 4. A person in a position to assist , a secondary 33 distributor, or a prescriber of an opioid antagonist who has 34 acted reasonably and in good faith shall not be liable for 35 -7- HF 595 (5) 90 as/rh/md 7/ 10
H.F. 595 any injury arising from the provision, administration, or 1 assistance in the administration of an opioid antagonist as 2 provided in this section . 3 Sec. 18. Section 135.190, Code 2023, is amended by adding 4 the following new subsections: 5 NEW SUBSECTION . 3A. Notwithstanding any other provision 6 of law to the contrary, the chief medical officer of the 7 department may issue a standing order that does not identify 8 individual patients at the time it is issued for the purpose 9 of dispensing opioid antagonists to a person in a position to 10 assist. 11 NEW SUBSECTION . 3B. A person in a position to assist may 12 distribute an opioid antagonist to any individual pursuant to 13 this section. 14 Sec. 19. Section 147A.18, subsections 1 and 2, Code 2023, 15 are amended to read as follows: 16 1. a. Notwithstanding any other provision of law to the 17 contrary, a licensed health care professional may prescribe 18 an opioid antagonist in the name of a service program, 19 law enforcement agency, or fire department , or secondary 20 distributor to be maintained for use as provided in this 21 section . For purposes of this section, secondary distributor 22 means the same as defined in section 135.190. 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 in the 27 name of a service program, law enforcement agency, or fire 28 department , or secondary distributor to be maintained for use 29 as provided in this section . 30 (2) A pharmacist or secondary distributor who dispenses, 31 furnishes, or otherwise provides an opioid antagonist pursuant 32 to a valid prescription, standing order, or collaborative 33 agreement shall provide written instruction , which shall 34 include emergency, crisis, and substance referral contact 35 -8- HF 595 (5) 90 as/rh/md 8/ 10
H.F. 595 information, to the recipient in accordance with the protocols 1 and instructions developed by the department under this 2 section . 3 2. A service program, law enforcement agency, or fire 4 department , or secondary distributor may obtain a prescription 5 for and maintain a supply of opioid antagonists. A service 6 program, law enforcement agency, or fire department , or 7 secondary distributor that obtains such a prescription shall 8 replace an opioid antagonist upon its use or expiration. 9 Sec. 20. Section 147A.18, Code 2023, is amended by adding 10 the following new subsection: 11 NEW SUBSECTION . 3A. A secondary distributor may possess 12 and provide an opioid antagonist to a person in a position to 13 assist as defined in section 135.190. 14 Sec. 21. Section 147A.18, subsection 4, paragraph b, Code 15 2023, is amended to read as follows: 16 b. A service program, law enforcement agency, or fire 17 department , or secondary distributor . 18 Sec. 22. Section 147A.18, subsection 4, Code 2023, is 19 amended by adding the following new paragraph: 20 NEW PARAGRAPH . d. The pharmacist who dispenses the opioid 21 antagonist. 22 Sec. 23. Section 155A.3, subsections 24 and 54, Code 2023, 23 are amended to read as follows: 24 24. Limited distributor means a person operating or 25 maintaining a location, regardless of the location, where 26 prescription drugs or devices are distributed at wholesale or 27 to a patient pursuant to a prescription drug order, who is 28 not eligible for a wholesale distributor license or pharmacy 29 license. Limited distributor does not include a secondary 30 distributor as defined in section 135.190. 31 54. Wholesale distributor means a person, other than 32 a manufacturer, a manufacturers co-licensed partner, a 33 third-party logistics provider, or repackager, engaged in the 34 wholesale distribution of a drug. Wholesale distributor 35 -9- HF 595 (5) 90 as/rh/md 9/ 10
H.F. 595 does not include a secondary distributor as defined in section 1 135.190. 2 Sec. 24. Section 155A.46, subsection 1, paragraph a, 3 subparagraph (1), Code 2023, is amended to read as follows: 4 (1) Naloxone Opioid antagonists for overdose reversals . 5 -10- HF 595 (5) 90 as/rh/md 10/ 10