HF 595 — A bill for an act relating to controlled substances including the manufacture, delivery, or possession of a controlled substance including fentanyl; the manufacture of a controlled substance in the presence of a minor; conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver a controlled substance to a minor; receipt, provision, and administration of opioid antagonists, including by secondary distributors; providing for immunity; and providing penalties.

Modifying the flavor or color of a controlled substance listed in section 124.401, subsection 11, , paragraph -a-,“a”, -b-,“b”, or •c“c”, to appear similar to a food or beverage product.

B.8.

Section 124.413, subsection 11, , Code 2023, iis s amended to read as follows:

Except as provided iin n subsection 3 and sections 901.11 and 901.12, a person sentenced pursuant to section 124.401, subsection 1, paragraph a“a”, -,“b”, "b-,“e”, -e~,or er“f”, -f-,“g”, ÿ , or h“h” - shall not be eligible for parole or work release until the person has served a minimum term of confinement of one-third of the maximum indeterminate sentence prescribed by law.

Section 811.1, subsections 1 and 22, , Code 2023, are amended to read as follows:

A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of a class "A-“A” felony;

any class -B“B” - felony included in section 462A.14 or 707.6A;

any felony included in section 124.401, subsection 11, , paragraph â“a” - or -b-;“b”;

a second or subsequent offense under section 124.401, subsection 11, , paragraph -c“c”; ;

any fclonyfelony punishablcpunishable undcrunder 3CCtionsection 902.0,902.9, 3ubscctionsubsection 1, paragraph -“a”; ?-;

A defendant appealing a conviction of a class -A“A” felony;

any class -B-“B” or -C“C” - felony included in section 462A.14 or 707.6A;

any felony included in section 124.401, subsection 11, , paragraph â“a” - or -b";“b”;

or a second or subsequent conviction under section 124.401, subsection 11, , paragraph -c“c”; -;

any fclonyfelony punishablcpunishable undcrunder section 902.9, 3ubscctionsubsection 11, , paragraph -J-;“a”;

House File 595, pp. .

Section 901.2, subsection 22, , paragraph b, Code 2023, is amended to read as follows:

The court shall order a presentence investigation when the offense is any €clonyfelony puni3hablepunishable under section 902.9, 3ub3CCtionsubsection 1, paragraph -J-,“a”, or a class "B",“B”, class "C",“C”, or class "D"“D” felony.

A presentence investigation for any felony puni3hablcpunishable under 3Cctionsection 902.9, 3ub3Cctionsubsection 11, , paragraph er-a“a”, or a class "B",“B”, class -C“C”, or class "D"“D” felony shall not be waived.

NEW SUBSECTION.SUBSECTION .

A court sentencing a person for a violation of section 124.401, subsection 11, , paragraph 9“g”, -, shall not grant any reduction of sentence.

Section 902.9, subsection 11, , paragraph a, Code 2023, is amended by striking the paragraph.

Section 906.5, subsection 11, , paragraph a, Code 2023, is amended to read as follows:

The board shall establish and implement a plan by which the board systematically reviews the status of each person who has been committed to the custody of the director of the Iowa department of corrections and considers the person'sperson’s prospects for parole or work release.

The board at least annually shall review the status of a person other than a class "A"“A” felon, a class -B"“B” felon serving a sentence of more than twenty-five years, or a felon serving an offense punishable under section 902.9, subsection 11, , paragraph .2-,“a”, or a felon serving a mandatory minimum sentence other than a class "A"“A” felon, and provide the person with notice of the board'sboard’s parole or work release decision.

Section 135.190, subsection 11, , Code 2023, is amended by adding the following new paragraphs:

NEW PARAGRAPH.PARAGRAPH .

Oa.0a.

"Community-based“Community-based organizationorganization” -meansmeans a public or private organization that provides health or human services to meet the needs of a community including but not limited to a nonprofit organization, a social service provider, or an organization providing substance abuse disorder prevention, treatment, recovery, or harm reduction services.

NEW PARAGRAPH.PARAGRAPH .

Secondary“Secondary distributordistributor” - means a law enforcement agency, emergency medical services program, fire department, school district, health care provider, licensed behavioral health provider, county health department, or the department of health and human services.

Section 135.190, subsection 11, , paragraph d, Code 2023, is amended to read as follows:

Person“Person in a position to assistassist” - means a family member, friend, caregiver, community-based organization, health care provider, employee of a substance abuse treatment facility, school employee, first responder as defined in section 147A.1, or other person who may be in a place to render aid to a person at risk of experiencing an opioid-related overdose.

Section 135.190, subsections 2 and 44, , Code 2023, are amended to read as follows:

a,a. Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist to a person in a position to assist or to a secondary distributor.

Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist to a person in a position to assist or to a secondary distributor.

((1) 1) Notwithstanding any other provision of law to the contrary, a pharmacist licensed under chapter 155A may, by standing order or through collaborative agreement, dispense, furnish, or otherwise provide an opioid antagonist to a person in a position to assist or to a secondary distributor.distributor .

(2) A pharmacist or secondary distributor who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative agreement shall provide written instruction, which shall include emergency, crisis, and substance use referral contact information, to the recipient in accordance with any protocols House File 595, pp. .

Section 135.190, Code 2023, iis s amended by adding the following new subsections:

NEW SUBSECTION.SUBSECTION .

Notwithstanding any other provision of law to the contrary, the chief medical officer of the department may issue a standing order that does not identify individual patients at the time iit t is issued for the purpose of dispensing opioid antagonists to a person in a position to assist.

NEW SUBSECTION.SUBSECTION .

Section 147A.18, subsections 1 and 22, , Code 2023, are amended to read as follows:

Notwithstanding any other provision of law to the contrary, a licensed health care professional may prescribe an opioid antagonist in the name of a service program, law enforcement agency, eor r-firefire department, or secondary distributor to be maintained for use as provided iin n this section.

For purposes of this section, secondary“secondary distributordistributor” means the same as defined in section 135.190.

((1) 1) Notwithstanding any other provision of law to the contrary, a pharmacist licensed under chapter 155A may, by standing order or through collaborative agreement, dispense, furnish, or otherwise provide an opioid antagonist iin n the name of a service program, law enforcement agency, eor -r-firefire department, or secondary distributor to be maintained for use as provided iin n this section.

2)(2) A pharmacist oor r secondary distributor who dispenses, furnishes, or otherwise provides an opioid antagonist pursuant to a valid prescription, standing order, or collaborative House File 595, p.

A service program, law enforcement agency, eor r- fire department, or secondary distributor may obtain a prescription for and maintain a supply of opioid antagonists.

A service program, law enforcement aagency, gecy,or e-r- fire department, or secondary distributor that obtains such a prescription shall replace an opioid antagonist upon its use or expiration.

NEW SUBSECTION.SUBSECTION .

Section 147A.18, subsection 44, , paragraph b, Code 2023, is amended to read as follows:

A service program, law enforcement agency, eor r- fire department, or secondary distributor.

Section 147A.18, subsection 44, , Code 2023, is amended by adding the following new paragraph:

-Limited“Limited distributor'distributor” means a person operating or maintaining a location, regardless of the location, where prescription drugs or devices are distributed at wholesale or to a patient pursuant to a prescription drug order, who is not eligible for a wholesale distributor license or pharmacy license.

Limited“Limited distributordistributor” - does not include a secondary distributor as defined in section 135.190.

"Wholesale“Wholesale distributordistributor” - means a person, other than a manufacturer, a manufacturer'smanufacturer’s co-licensed partner, a third-party logistics provider, or repackager, engaged in the wholesale distribution of a drug.

Wholesale“Wholesale distributordistributor” does not include a secondary distributor as defined in section 135.190.

Section 155A.46, subsection 1, paragraph a, subparagraph ((1), 1), Code 2023, is amended to read as follows:

(1) NaloxoncNaloxone Opioid antagonists for overdose reversals.

______________________________ ______________________________ PAT GRASSLEGRASSLEY AMY SINCL:SINCLAIR Speaker of the House President of the Senate I hereby certify that this bill originated in the House and is known as House File 595, Ninetieth General Assembly.

iR______________________________ SpeakerMEGHAN ofNELSON theChief HouseClerk President of the Senate I hereby certify that this bill originated in the House andApproved is_______________, known2023 as______________________________ HouseKIM FileREYNOLDS 595,Governor Ninetieth General Assembly.

n Ik MEGHAN NELSON Chidf Clerk of the House Approved , 2023 KIM REYNOLDS Governor