Iowa 2023-2024 Regular Session

Iowa Senate Bill SF508 Latest Draft

Bill / Introduced Version Filed 03/02/2023

                            Senate File 508 - Introduced   SENATE FILE 508   BY COMMITTEE ON JUDICIARY   (SUCCESSOR TO SSB 1096)   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   TLSB 1229SV (3) 90   as/rh  

  S.F. 508   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-   LSB 1229SV (3) 90   as/rh 1/ 14          

  S.F. 508   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 8   persons act of manufacturing or delivering a controlled 9   substance resulting in the death of another person shall 10   be deemed to have caused the other persons death when the 11   controlled substance contributes to the other persons death. 12   Sec. 6. Section 124.401C, subsection 1, Code 2023, is 13   amended to read as follows: 14   1. In addition to any other penalties provided in this 15   chapter , a person who is eighteen years of age or older and 16   who either directly or by extraction from natural substances, 17   or independently by means of chemical processes, or both, 18   unlawfully manufactures methamphetamine, its salts, isomers,   19   or salts of its isomers a controlled substance, counterfeit 20   substance, simulated controlled substance, or imitation   21   controlled substance in violation of section 124.401, 22   subsection 1, paragraph   a , b , or c , in the presence 23   of a minor shall be sentenced up to an additional term of 24   confinement of five years to two times the term otherwise 25   imposed by law, and no such judgment, sentence, or part thereof 26   shall be deferred or suspended . However, the additional term 27   of confinement shall not be imposed on a person who has been 28   convicted and sentenced for a child endangerment offense under 29   section 726.6, subsection 1 , paragraph g , arising from the 30   same facts.   31   Sec. 7. Section 124.401D, Code 2023, is amended to read as   32   follows:   33   124.401D Conspiracy to manufacture for delivery or delivery 34   or intent or conspiracy to deliver amphetamine or methamphetamine   35   -2-   LSB 1229SV (3) 90   as/rh 2/ 14                      

  S.F. 508   to a minor. 1   1. a. It is unlawful for a person eighteen years of age 2   or older to act with, or enter into a common scheme or design 3   with, or conspire with one or more persons to manufacture 4   for delivery to a person under eighteen years of age a 5   material, compound, mixture, preparation, or substance that   6   contains any detectable amount of amphetamine, its salts, 7   isomers, or salts of its isomers, or methamphetamine, its 8   salts, isomers, or salts of its isomers   controlled substance, 9   counterfeit substance, simulated controlled substance, or 10   imitation controlled substance in violation of section 124.401,   11   subsection 1, paragraph a , b , or c . 12   b. A violation of this subsection is a felony punishable 13   under   section 902.9, subsection 1 , paragraph a A person 14   violating this subsection shall be sentenced to two times the 15   term otherwise imposed under section 124.401, subsection 1, and 16   no such judgment, sentence, or part thereof shall be deferred 17   or suspended   . 18   c. A second or subsequent violation of this subsection is a 19   class A felony. 20   2. a. It is unlawful for a person eighteen years of age 21   or older to deliver, or possess with the intent to deliver to 22   a person under eighteen years of age, a material, compound,   23   mixture, preparation, or substance that contains any detectable 24   amount of amphetamine, its salts, isomers, or salts of its 25   isomers, or methamphetamine, its salts, isomers, or salts 26   of its isomers controlled substance, counterfeit substance, 27   simulated controlled substance, or imitation controlled 28   substance in violation of section 124.401, subsection 1, 29   paragraph   a , b , or c , or to act with, or enter into a 30   common scheme or design with, or conspire with one or more 31   persons to deliver or possess with the intent to deliver to 32   a person under eighteen years of age a material, compound,   33   mixture, preparation, or substance that contains any detectable   34   amount of amphetamine, its salts, isomers, or salts of its 35   -3-   LSB 1229SV (3) 90   as/rh 3/ 14                                            

  S.F. 508   isomers, or methamphetamine, its salts, isomers, or salts 1   of its isomers   controlled substance, counterfeit substance, 2   simulated controlled substance, or imitation controlled 3   substance in violation of section 124.401, subsection 1, 4   paragraph   a , b , or c . 5   b. A violation of   this subsection is a felony punishable 6   under section 902.9, subsection 1 , paragraph a A person 7   violating this subsection shall be sentenced to two times the 8   term otherwise imposed under section 124.401, subsection 1, and   9   no such judgment, sentence, or part thereof shall be deferred 10   or suspended   . 11   c. A second or subsequent violation of this subsection is a 12   class A felony. 13   3.   Delivery to a minor or possession with intent to deliver 14   to a minor a controlled substance, counterfeit substance, 15   simulated controlled substance, or imitation controlled 16   substance in violation of section 124.401, subsection 1, 17   paragraph   a , b , or c , shall include the following products 18   if the person knew or had reasonable cause to believe the   19   controlled, counterfeit, simulated, or imitation controlled 20   substance would be delivered to a person under eighteen years   21   of age: 22   a.   Combining a controlled substance listed in section 23   124.401, subsection 1, paragraph a , b , or c , with a food 24   or beverage product. 25   b. Marketing or packaging a controlled substance listed in 26   section 124.401, subsection 1, paragraph a , b , or c , to 27   appear similar to a food or beverage product. 28   c. Modifying the flavor or color of a controlled substance 29   listed 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   32   to read as follows: 33   1. Except as provided in subsection 3 and sections 901.11 34   and 901.12 , a person sentenced pursuant to section 124.401, 35   -4-   LSB 1229SV (3) 90   as/rh 4/ 14                                                                          

  S.F. 508   subsection 1 , paragraph a , b , e , or f , g , or h shall 1   not be eligible for parole or work release until the person 2   has served a minimum term of confinement of one-third of the 3   maximum indeterminate sentence prescribed by law. 4   Sec. 9. Section 811.1, subsections 1 and 2, Code 2023, are 5   amended to read as follows: 6   1. A defendant awaiting judgment of conviction and 7   sentencing following either a plea or verdict of guilty of a 8   class A felony; forcible felony as defined in section 702.11 ; 9   any class B felony included in section 462A.14 or 707.6A ; any 10   felony included in section 124.401, subsection 1 , paragraph 11   a or b ; a second or subsequent offense under section 12   124.401, subsection 1 , paragraph c ; any felony punishable   13   under   section 902.9, subsection 1 , paragraph a ; any public 14   offense committed while detained pursuant to section 229A.5 ; 15   or any public offense committed while subject to an order of 16   commitment pursuant to chapter 229A . 17   2. A defendant appealing a conviction of a class A 18   felony; forcible felony as defined in section 702.11 ; any class 19   B or C felony included in section 462A.14 or 707.6A ; any 20   felony included in section 124.401, subsection 1 , paragraph 21   a or b ; or a second or subsequent conviction under section 22   124.401, subsection 1 , paragraph c ; any felony punishable   23   under section 902.9, subsection 1 , paragraph a ; any public 24   offense committed while detained pursuant to section 229A.5 ; 25   or any public offense committed while subject to an order of 26   commitment pursuant to chapter 229A . 27   Sec. 10. Section 901.2, subsection 2, paragraph b, Code 28   2023, is amended to read as follows: 29   b. The court shall order a presentence investigation when 30   the offense is any felony punishable under   section 902.9, 31   subsection 1   , paragraph a , or a class B, class C, or 32   class D felony. A presentence investigation for any felony   33   punishable under   section 902.9, subsection 1 , paragraph a , 34   or   a class B, class C, or class D felony shall not 35   -5-   LSB 1229SV (3) 90   as/rh 5/ 14                               

  S.F. 508   be waived. The court may order, with the consent of the 1   defendant, that the presentence investigation begin prior to 2   the acceptance of a plea of guilty, or prior to a verdict of 3   guilty. 4   Sec. 11. Section 901.10, Code 2023, is amended by adding the 5   following new subsection: 6   NEW SUBSECTION   . 1A. A court sentencing a person for a 7   violation of section 124.401, subsection 1, paragraph g , 8   shall not grant any reduction of sentence. 9   Sec. 12. Section 902.9, subsection 1, paragraph a, Code 10   2023, is amended by striking the paragraph. 11   Sec. 13. Section 906.5, subsection 1, paragraph a, Code 12   2023, is amended to read as follows: 13   a. The board shall establish and implement a plan by which 14   the board systematically reviews the status of each person who 15   has been committed to the custody of the director of the Iowa 16   department of corrections and considers the persons prospects 17   for parole or work release. The board at least annually shall 18   review the status of a person other than a class A felon, a 19   class B felon serving a sentence of more than twenty-five 20   years, or a felon serving an offense punishable under   section 21   902.9, subsection 1 , paragraph a , or a felon serving a 22   mandatory minimum sentence other than a class A felon, and 23   provide the person with notice of the boards parole or work 24   release decision. 25   Sec. 14. REPEAL. Section 901.5A, Code 2023, is repealed. 26   DIVISION II   27   RECEIPT, PROVISION, AND ADMINISTRATION OF OPIOID ANTAGONISTS   28   Sec. 15. Section 135.190, subsection 1, Code 2023, is   29   amended by adding the following new paragraph: 30   NEW PARAGRAPH   . e. Secondary distributor means a law 31   enforcement agency, emergency medical services program, fire 32   department, school district, health care provider, licensed 33   behavioral health provider, county health department, or the 34   department of health and human services. 35   -6-   LSB 1229SV (3) 90   as/rh 6/ 14          

  S.F. 508   Sec. 16. Section 135.190, subsections 2 and 4, Code 2023, 1   are amended to read as follows: 2   2. a. Notwithstanding any other provision of law to the 3   contrary, a licensed health care professional may prescribe an 4   opioid antagonist to a person in a position to assist or to a 5   secondary distributor   . 6   b. (1) Notwithstanding any other provision of law to the 7   contrary, a pharmacist licensed under chapter 155A may, by 8   standing order or through collaborative agreement, dispense, 9   furnish, or otherwise provide an opioid antagonist to a person 10   in a position to assist or to a secondary distributor   . 11   (2) A pharmacist or secondary distributor who dispenses, 12   furnishes, or otherwise provides an opioid antagonist pursuant 13   to a valid prescription, standing order, or collaborative 14   agreement shall provide written   instruction , which shall 15   include emergency, crisis, and substance use referral contact 16   information, to the recipient in accordance with any protocols 17   and instructions developed by the department under this 18   section . 19   4. 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   Sec. 17. Section 147A.18, subsections 1 and 2, Code 2023, 26   are amended to read as follows:   27   1. a. Notwithstanding any other provision of law to the 28   contrary, a licensed health care professional may prescribe 29   an opioid antagonist in the name of a service program, 30   law enforcement agency, or   fire department , or secondary 31   distributor   to be maintained for use as provided in this 32   section . For purposes of this section,   secondary distributor 33   means the same as defined in section 135.190.   34   b. (1) Notwithstanding any other provision of law to the 35   -7-   LSB 1229SV (3) 90   as/rh 7/ 14                  

  S.F. 508   contrary, a pharmacist licensed under chapter 155A may, by 1   standing order or through collaborative agreement, dispense, 2   furnish, or otherwise provide an opioid antagonist in the 3   name of a service program, law enforcement agency, or   fire 4   department , or secondary distributor   to be maintained for use 5   as provided in this section . 6   (2) A pharmacist or secondary distributor   who dispenses, 7   furnishes, or otherwise provides an opioid antagonist pursuant 8   to a valid prescription, standing order, or collaborative 9   agreement shall provide written   instruction , which shall 10   include emergency, crisis, and substance referral contact   11   information, to the recipient in accordance with the protocols 12   and instructions developed by the department under this 13   section . 14   2. A service program, law enforcement agency, or   fire 15   department , or secondary distributor may obtain a prescription 16   for and maintain a supply of opioid antagonists. A service 17   program, law enforcement agency, or   fire department , or 18   secondary distributor   that obtains such a prescription shall 19   replace an opioid antagonist upon its use or expiration. 20   Sec. 18. Section 147A.18, Code 2023, is amended by adding 21   the following new subsection: 22   NEW SUBSECTION   . 3A. A secondary distributor may possess 23   and provide an opioid antagonist to a person in a position to 24   assist as defined in section 135.190. 25   Sec. 19. Section 147A.18, subsection 4, paragraph b, Code 26   2023, is amended to read as follows:   27   b. A service program, law enforcement agency, or   fire 28   department , or secondary distributor . 29   Sec. 20. Section 147A.18, subsection 4, Code 2023, is 30   amended by adding the following new paragraph: 31   NEW PARAGRAPH   . d. The pharmacist who dispenses the opioid 32   antagonist. 33   Sec. 21. Section 155A.3, subsections 24 and 54, Code 2023, 34   are amended to read as follows: 35   -8-   LSB 1229SV (3) 90   as/rh 8/ 14                  

  S.F. 508   24. Limited distributor means a person operating or 1   maintaining a location, regardless of the location, where 2   prescription drugs or devices are distributed at wholesale or 3   to a patient pursuant to a prescription drug order, who is 4   not eligible for a wholesale distributor license or pharmacy 5   license. Limited distributor   does not include a secondary 6   distributor as defined in section 135.190. 7   54. Wholesale distributor means a person, other than 8   a manufacturer, a manufacturers co-licensed partner, a 9   third-party logistics provider, or repackager, engaged in the 10   wholesale distribution of a drug. Wholesale distributor   11   does not include a secondary distributor as defined in section 12   135.190. 13   Sec. 22. Section 155A.46, subsection 1, paragraph a, 14   subparagraph (1), Code 2023, is amended to read as follows: 15   (1) Naloxone   Opioid antagonists for overdose reversals . 16   EXPLANATION 17   The inclusion of this explanation does not constitute agreement with 18   the explanations substance by the members of the general assembly. 19   This bill relates to controlled substances including the 20   manufacture, delivery, or possession of a controlled substance 21   including fentanyl; the manufacture of a controlled substance 22   in the presence of a minor; a conspiracy to manufacture for 23   delivery or delivery or intent or conspiracy to deliver a 24   controlled substance to a minor; the receipt, provision, and 25   administration of opioid antagonists, including by secondary 26   distributors, provides for immunity; and provides penalties. 27   The bill is organized by divisions. 28   DIVISION I  MANUFACTURE, DELIVERY, OR POSSESSION OF A   29   CONTROLLED SUBSTANCE.   30   FENTANYL. The bill provides that the manufacture, delivery 31   or possession of a controlled substance containing more than 50 32   grams of a mixture or substance containing a detectable amount 33   of fentanyl or any fentanyl-related substance identified in 34   Code section 124.204(9) is a class B felony, punishable by 35   -9-   LSB 1229SV (3) 90   as/rh 9/ 14          

  S.F. 508   confinement for no more than 50 years and a fine of not more 1   than $1 million. 2   The bill provides that the manufacture, delivery or 3   possession of a controlled substance containing more 4   than 5 grams but not more than 50 grams of a mixture or 5   substance containing a detectable amount of fentanyl or 6   any fentanyl-related substance identified in Code section 7   124.204(9) is a class B felony, punishable by confinement for 8   no more than 25 years and a fine of not less than $5,000 nor 9   more than $100,000. 10   The bill provides that the manufacture, delivery or 11   possession of a controlled substance containing 5 grams or 12   less of a mixture or substance containing a detectable amount 13   of fentanyl or any fentanyl-related substance identified in 14   Code section 124.204(9) is a class C felony, punishable by 15   confinement for no more than 10 years and a fine of not less 16   than $1,000 nor more than $50,000. 17   MANUFACTURE, DELIVERY, OR POSSESSION OF CONTROLLED 18   SUBSTANCES  SENTENCING ENHANCEMENTS. The bill provides 19   that a person who causes the death of another person while 20   participating in the manufacture, delivery, or possession of 21   a controlled substance and who is not entitled to protection 22   under Code section 124.418 (persons seeking medical assistance 23   for drug-related overdose), shall be sentenced to three times 24   the term otherwise imposed by law, and no such judgment, 25   sentence, or part thereof shall be deferred or suspended. 26   The bill provides that a person who causes serious bodily 27   injury to another person while participating in a violation 28   of the manufacture, delivery, or possession of a controlled 29   substance and who is not entitled to protection under Code 30   section 124.418, shall be sentenced to two times the term 31   otherwise imposed by law, and no such judgment, sentence, or 32   part thereof shall be deferred or suspended. 33   The bill provides that a persons act of manufacturing or 34   delivering a controlled substance that results in the death 35   -10-   LSB 1229SV (3) 90   as/rh 10/ 14  

  S.F. 508   on another person shall be deemed to have caused the other 1   persons death when the controlled substance contributed to the 2   other persons death. 3   MANUFACTURE OF CONTROLLED SUBSTANCES IN PRESENCE OF A MINOR. 4   Current law provides that in addition to any other penalties 5   provided in Code chapter 124, a person who is 18 years of age 6   or older and who either directly or by extraction from natural 7   substances, or independently by means of chemical processes, 8   or both, unlawfully manufactures methamphetamine, its salts, 9   isomers, or salts of its isomers in the presence of a minor 10   shall be sentenced up to an additional term of confinement 11   of five years. The bill amends current law to apply to all 12   controlled substances listed in Code section 124.401(1)(a, 13   b, and c) and provides that a person in violation of this 14   provision shall be sentenced to two times the term otherwise 15   imposed by law, and no such judgment, sentence, or part thereof 16   shall be deferred or suspended. 17   CONSPIRACY TO MANUFACTURE CONTROLLED SUBSTANCES FOR DELIVERY 18   TO MINOR. Current law provides that it is unlawful for a 19   person 18 years of age or older to act with, or enter into a 20   common scheme or design with, or conspire with one or more 21   persons to manufacture for delivery to a person under 18 years 22   of age a material, compound, mixture, preparation, or substance 23   that contains any detectable amount of amphetamine, its salts, 24   isomers, or salts of its isomers, or methamphetamine, its 25   salts, isomers, or salts of its isomers. A person in violation 26   of this provision shall be confined for no more than 99 years. 27   The bill strikes this penalty. The bill amends current law 28   to apply to all controlled substances listed in Code section 29   124.401(1)(a, b, and c) and provides that a person in violation 30   of this provision shall be sentenced to two times the term 31   otherwise imposed by law, and no such judgment, sentence, or 32   part thereof shall be deferred or suspended. A second or 33   subsequent violation is a class A felony. 34   Current law provides that it is unlawful for a person 18 35   -11-   LSB 1229SV (3) 90   as/rh 11/ 14  

  S.F. 508   years of age or older to deliver, or possess with the intent 1   to deliver to a person under 18 years of age, a material, 2   compound, mixture, preparation, or substance that contains any 3   detectable amount of amphetamine, its salts, isomers, or salts 4   of its isomers, or methamphetamine, its salts, isomers, or 5   salts of its isomers. A person in violation of this provision 6   shall be confined for no more than 99 years. The bill strikes 7   this penalty. The bill amends current law to apply to all 8   controlled substances listed in Code section 124.401(1)(a, 9   b, and c) and provides that a person in violation of this 10   provision shall be sentenced to two times the term otherwise 11   imposed by law, and no such judgment, sentence, or part 12   thereof shall be deferred or suspended. A second or subsequent 13   violation is a class A felony. 14   The bill provides that a person who is sentenced for 15   the death or serious bodily injury to another person while 16   participating in the manufacture, delivery, or possession of 17   a controlled substance, and who is not entitled to protection 18   under Code section 124.418 (persons seeking medical assistance 19   for drug-related overdose), shall not be eligible for parole 20   or work release until the person has served a minimum term of 21   confinement of one-third of the maximum indeterminate sentence 22   prescribed by law. 23   The bill makes conforming Code changes due to the strike of 24   the 99-year penalty. 25   DELIVERY OF A CONTROLLED SUBSTANCE TO MINOR  FOOD OR 26   BEVERAGE PRODUCTS. The bill provides that delivery to a minor 27   or possession with intent to deliver to a minor a controlled 28   substance, counterfeit substance, simulated controlled 29   substance, or imitation controlled substance shall include the   30   following products if the person knew or had reasonable cause 31   to believe the controlled substance, counterfeit substance, 32   simulated controlled substance, or imitation controlled   33   substance would be delivered to a person under 18 years of 34   age: combining a controlled substance with a food or beverage 35   -12-   LSB 1229SV (3) 90   as/rh 12/ 14  

  S.F. 508   product; marketing or packaging a controlled substance to 1   appear similar to a food or beverage product; or modifying the 2   flavor or color of a controlled substance to appear similar to 3   a food or beverage product. 4   The bill provides that a person sentenced for causing 5   the death of another while participating in the manufacture, 6   delivery, or possession of a controlled substance shall not be 7   granted a reduction of sentence. 8   DIVISION II  RECEIPT, PROVISION, AND ADMINISTRATION OF 9   OPIOID ANTAGONISTS  SECONDARY DISTRIBUTORS  IMMUNITY. 10   Current law provides that a licensed health care professional 11   may prescribe an opioid antagonist to a person in a position 12   to assist. The bill expands this authorization to provide 13   that a licensed health care provider may prescribe an opioid 14   antagonist to a secondary distributor as defined in the bill. 15   Current law provides that a licensed pharmacist may, by 16   standing order or through collaborative agreement, dispense, 17   furnish, or otherwise provide an opioid antagonist in the 18   name of a service program, law enforcement agency, or fire 19   department. The bill expands this authorization to provide 20   that a licensed pharmacist may, by standing order or through 21   collaborative agreement, dispense, furnish, or otherwise 22   provide an opioid antagonist in the name of a secondary 23   distributor. 24   The bill includes secondary distributors and the pharmacist 25   who dispenses the opioid antagonist, provided they have acted 26   reasonably and in good faith, to the list of persons who shall 27   not be liable for any injury arising from the provision, 28   administration, or assistance in the administration of an 29   opioid antagonist. 30   The bill provides that a secondary distributor may obtain a 31   prescription for and maintain a supply of opioid antagonists. 32   A secondary distributor that obtains such a prescription shall 33   replace an opioid antagonist upon its use or expiration. 34   The bill provides that a pharmacist or secondary distributor 35   -13-   LSB 1229SV (3) 90   as/rh 13/ 14  

  S.F. 508   who dispenses, furnishes, or otherwise provides an opioid 1   antagonist pursuant to a valid prescription, standing order, 2   or collaborative agreement shall provide written instruction, 3   including emergency, crisis, and substance use referral contact 4   information, to the recipient. 5   The bill provides that a secondary distributor may possess 6   and provide an opioid antagonist to a person in a position to 7   assist. 8   The bill provides that the terms limited distributor and 9   wholesale distributor do not include a secondary distributor 10   for purposes of Code chapter 155A (pharmacy). 11   The bill provides that a pharmacist may order and administer 12   opioid antagonists for overdose reversals to patients ages 18 13   years and older instead of naloxone. 14   -14-   LSB 1229SV (3) 90   as/rh 14/ 14