Bill Text: IA SF500 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the establishment of a needle exchange pilot program by the Iowa department of public health. (Formerly SF 125.)

Spectrum: Committee Bill

Status: (Introduced - Dead) 2019-04-04 - Referred to Judiciary. S.J. 858. [SF500 Detail]

Download: Iowa-2019-SF500-Introduced.html
Senate File 500 - Introduced SENATE FILE 500 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 125) (COMPANION TO HF 580 BY BERGAN) A BILL FOR An Act relating to the establishment of a needle exchange pilot 1 program by the Iowa department of public health. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1148SV (2) 88 as/rh
S.F. 500 Section 1. Section 124.414, subsection 1, paragraph b, Code 1 2019, is amended to read as follows: 2 b. “Drug paraphernalia” does not include hypodermic needles 3 or syringes if manufactured, delivered, sold, or possessed 4 for a lawful purpose. For purposes of this section, “lawful 5 purpose” includes hypodermic needles or syringes delivered, 6 sold, or possessed through an approved needle exchange pilot 7 program established pursuant to section 135.26A and rules 8 adopted by the department of public health. 9 Sec. 2. Section 135.11, Code 2019, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 30. Administer a needle exchange pilot 12 program pursuant to section 135.26A in cooperation with 13 the department of public safety, the governor’s office 14 of drug policy, and cities, counties, and nongovernmental 15 organizations. 16 Sec. 3. NEW SECTION . 135.26A Needle exchange pilot program. 17 1. For purposes of this section: 18 a. “Department” means the department of public health. 19 b. “Needle exchange pilot program” or “pilot program” means a 20 program that promotes scientifically proven ways of mitigating 21 health risks associated with drug use and other high-risk 22 behaviors that is designated and approved by the department and 23 implemented by a city, county, or nongovernmental organization. 24 c. “Participating jurisdiction” means a city, county, or 25 nongovernmental organization selected by the department to 26 participate in a pilot program created under this section. 27 d. “Residual amount” means an amount of a controlled 28 substance not exceeding twenty-five milligrams. 29 2. A needle exchange pilot program is created in the 30 department and shall be administered by a division of the 31 department in cooperation with the department of public safety, 32 the governor’s office of drug control policy, and cities, 33 counties, and nongovernmental organizations. 34 3. a. The objectives of a pilot program established 35 -1- LSB 1148SV (2) 88 as/rh 1/ 6
S.F. 500 pursuant to this section shall be all of the following: 1 (1) To reduce the spread of viral hepatitis, HIV, and other 2 medical illnesses caused by infectious agents. 3 (2) To reduce needle-stick injuries to law enforcement 4 officers and other emergency personnel. 5 (3) To encourage persons who inject drugs to enroll in 6 evidence-based treatment for substance use disorders. 7 b. A pilot program shall offer all of the following: 8 (1) Disposal sites for used hypodermic needles and 9 syringes. 10 (2) Hypodermic needles, syringes, and other injection 11 supplies at no cost and in quantities sufficient to ensure that 12 hypodermic needles, syringes, and other injection supplies are 13 not shared or reused. 14 (3) Educational materials or referrals including 15 information on all of the following: 16 (a) Overdose prevention and naloxone administration, 17 including access to kits that contain naloxone. 18 (b) The prevention of HIV, viral hepatitis, endocarditis, 19 and other bacterial infections associated with intravenous drug 20 use. 21 (c) HIV and hepatitis C testing. 22 (d) Evidence-based treatment for persons with substance use 23 disorders. 24 (e) Treatment for persons with mental illness. 25 c. The department shall solicit applications from interested 26 jurisdictions and shall work with selected applicants for 27 the purpose of establishing a pilot program in participating 28 jurisdictions. 29 d. Pilot programs shall be established in five participating 30 jurisdictions for a period of five years. A jurisdiction 31 wishing to participate in a pilot program shall submit an 32 application to the department. If a jurisdiction is selected 33 by the department for participation in a pilot program, the 34 department shall assist the participating jurisdiction in 35 -2- LSB 1148SV (2) 88 as/rh 2/ 6
S.F. 500 establishing and administering the program in that jurisdiction 1 in compliance with this section. 2 e. The department shall utilize HIV and hepatitis 3 integrated testing programs, the health resources and services 4 administration’s Ryan White HIV/AIDS program, and the bureau 5 of substance abuse integrated provider network for support 6 services, supplies, and medications for the pilot program. 7 4. An employee of, or a volunteer or participant in, a pilot 8 program shall not be charged with or prosecuted for possession 9 of any of the following: 10 a. A hypodermic needle, syringe, or other injection supply 11 item obtained from or returned to a pilot program. 12 b. A residual amount of a controlled substance contained 13 in a used hypodermic needle, used hypodermic syringe, or used 14 injection supply item obtained from or returned to a pilot 15 program. 16 5. a. Subsection 4 only applies if an employee of, or a 17 volunteer or participant in, a pilot program claiming immunity 18 provides, upon request of a law enforcement officer, a pilot 19 program identification card issued by the department verifying 20 that a hypodermic needle, syringe, or other injection supply 21 item was obtained by the participant from a pilot program 22 authorized pursuant to this section. 23 b. A pilot program identification card shall include a 24 unique identifying number assigned to each individual pilot 25 program participant and must be verifiable by the department. 26 6. If a law enforcement officer in good faith issues a 27 charge in violation of subsection 4, the law enforcement 28 officer shall not be held civilly or criminally liable. 29 7. Upon completion of the five-year pilot program, the 30 department, in cooperation with the department of public safety 31 and the governor’s office of drug control policy, shall submit 32 a pilot program progress report to the general assembly by 33 December 1, 2025. The program progress report shall detail 34 the effectiveness of the pilot program established under this 35 -3- LSB 1148SV (2) 88 as/rh 3/ 6
S.F. 500 section and shall make recommendations concerning program 1 continuation or termination. 2 8. The Iowa department of public health shall adopt rules 3 pursuant to chapter 17A to administer this section. 4 9. This section is repealed July 1, 2026. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the establishment of a needle exchange 9 pilot program by the Iowa department of public health (DPH). 10 The bill creates a needle exchange pilot program to be 11 administered by DPH in cooperation with the department of 12 public safety, the governor’s office of drug control policy, 13 cities, counties, and nongovernmental organizations. 14 The bill defines “needle exchange pilot program” (pilot 15 program) as a program that promotes scientifically proven ways 16 of mitigating health risks associated with drug use and other 17 high-risk behaviors that is designated and approved by DPH and 18 implemented by a city, county, or nongovernmental organization. 19 The objectives of a pilot program established pursuant 20 to the bill include reducing the spread of viral hepatitis, 21 HIV, and other medical illnesses caused by infectious agents, 22 reducing needle-stick injuries to law enforcement officers and 23 other emergency personnel, and encouraging persons who inject 24 drugs to enroll in evidence-based treatment for substance use 25 disorders. 26 A pilot program established pursuant to the bill shall 27 offer disposal sites for used hypodermic needles and syringes; 28 hypodermic needles, syringes, and other injection supplies at 29 no cost and in quantities sufficient to ensure that hypodermic 30 needles, syringes, and other injection supplies are not shared 31 or reused; and educational materials that include information 32 relating to overdose prevention and naloxone administration, 33 including access to kits that contain naloxone; the prevention 34 of HIV, viral hepatitis, endocarditis, and other bacterial 35 -4- LSB 1148SV (2) 88 as/rh 4/ 6
S.F. 500 infections associated with intravenous drug use; HIV and 1 hepatitis C testing; evidence-based treatment for persons with 2 substance use disorders; and treatment for persons with mental 3 illness. 4 The bill provides that the department shall solicit 5 applications from interested jurisdictions and shall work with 6 selected applicants for the purpose of establishing a pilot 7 program in the participating jurisdictions. Pilot programs 8 shall be established in five participating jurisdictions for 9 a period of five years. The department shall assist the 10 participating jurisdiction in establishing and administering 11 a pilot program in that jurisdiction in compliance with 12 the bill. The department shall utilize HIV and hepatitis 13 integrated testing programs, the health resources and services 14 administration’s Ryan White HIV/AIDS program, and the bureau 15 of substance abuse integrated provider network for support 16 services, supplies, and medications for the pilot program. 17 The bill provides that an employee of, or a volunteer or 18 participant in, a pilot program shall not be charged with or 19 prosecuted for possession of a hypodermic needle, syringe, or 20 other injection supply item obtained from or returned to a 21 pilot program or a residual amount of a controlled substance 22 contained in a used hypodermic needle, used hypodermic syringe, 23 or used injection supply item obtained from or returned to 24 a pilot program. “Residual amount” is defined as an amount 25 of a controlled substance not exceeding 25 milligrams. This 26 immunity provision applies only if the person claiming immunity 27 provides, upon request of a law enforcement officer, a pilot 28 program identification card issued by DPH verifying that a 29 hypodermic needle, syringe, or other injection supply item was 30 obtained from a pilot program authorized pursuant to the bill. 31 A pilot program identification card shall include a unique 32 identifying number assigned to each individual pilot program 33 participant and must be verifiable by DPH. 34 The bill provides that if a law enforcement officer in good 35 -5- LSB 1148SV (2) 88 as/rh 5/ 6
S.F. 500 faith issues a charge in violation of the immunity provisions 1 of the bill, the law enforcement officer shall not be held 2 civilly or criminally liable. 3 The bill provides that at the completion of the five-year 4 pilot program, the department, in cooperation with the 5 department of public safety and the governor’s office of drug 6 control policy, shall submit a pilot program progress report to 7 the general assembly by December 1, 2025. The pilot program 8 progress report shall detail the effectiveness of the pilot 9 program and shall make recommendations concerning program 10 continuation or termination. The bill provides the pilot 11 program shall be repealed July 1, 2026. 12 The bill provides that DPH shall adopt rules pursuant to Code 13 chapter 17A to administer the bill. 14 Under current law, a person who illegally manufactures, 15 delivers, sells, or possesses drug paraphernalia commits a 16 simple misdemeanor under Code section 124.414. The bill makes 17 a conforming Code change to Code section 124.414 by exempting 18 hypodermic needles or syringes delivered, sold, or possessed 19 through the pilot program established in the bill from the 20 definition of drug paraphernalia. 21 -6- LSB 1148SV (2) 88 as/rh 6/ 6
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