Iowa HF 699: A bill for an act relating to nonsubstantive Code corrections, and including retroactive applicability provisions. (Formerly HSB 209.) Effective date: 07/01/2021. Applicability date: 07/01/2020.

Bill Text

House
File
699
-
Introduced

HOUSE
FILE
699

BY
COMMITTEE
ON
HEALTH
AND

HUMAN
SERVICES

(SUCCESSOR
TO
HF
487)

A
BILL
FOR

An
Act
relating
to
drug
paraphernalia
and
drug-checking
1

equipment.
2

BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3

TLSB
2150HV
(1)
91

as/js

H.F.
699

Section
1.
Section
124.414,
subsection
1,
paragraph
b,
Code
1

2025,
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)

Fentanyl
test
strips,
xylazine
test
strips,
or
other
7

materials
used
or
intended
for
use
in
testing
for
the
presence
8

of
fentanyl,
xylazine,
or
a
fentanyl
or
xylazine
analog
in
a

9

substance.
10

(3)

Other
drug-checking
equipment
used
to
inform
11

individuals
of
whether
a
substance
has
been
adulterated
by
the
12

presence
of
a
synthetic
opioid,
another
controlled
substance,
13

or
undisclosed
chemical
compound
or
contaminant.

14

(4)
Materials
used
by
agents
of
organizations
that
provide
15

harm
reduction
services
authorized
by
the
state,
a
county,
a
16

municipality,
or
a
public
health
department
in
the
processing,
17

preparing,
packaging,
repackaging,
storing,
or
containing
of

18

a
nominal
amount
of
a
controlled
substance
for
the
purpose
of

19

confirmatory
testing.
20

(5)

Drug-checking
equipment
used,
purchased,
transported,
21

or
distributed
by
agents
of
organizations
that
provide
harm
22

reduction
services
authorized
by
the
state,
a
county,
a

23

municipality,
or
a
public
health
department.
24

Sec.
2.
NEW
SECTION
.
124.414A
Drug-checking
equipment
use
25

permitted.
26

1.
As
used
in
this
section
and
section
124.414:

27

a.
“Drug
checking”
means
the
process
of
identifying,
28

analyzing,
or
detecting
the
composition
of
a
drug
or
the
29

presence
or
composition
of
an
unexpected
substance
within
the
30

drug.
31

b.
“Drug-checking
equipment”
means
equipment,
products,
32

or
materials
used,
designed
for
use,
or
intended
for
use
to
33

perform
drug
checking,
including
materials
and
items
used
34

by
the
person
operating
the
equipment
or
products
to
store,
35

-1-

LSB
2150HV
(1)
91

as/js

1/
5

H.F.
699

measure,
or
process
samples
for
analysis.
“Drug-checking
1

equipment”
includes
fentanyl
test
strips,
xylazine
test
strips,
2

other
immunoassay
drug
testing
strips,
colorimetric
reagents,
3

spectrometers
such
as
Fourier
transform
infrared
and
Raman
4

spectrometers,
and
equipment
that
uses
high-performance
5

liquid
chromatography,
gas
chromatography,
mass
spectrometry,
6

and
nuclear
magnetic
resonance
techniques.
“Drug-checking
7

equipment”
does
not
include
the
substances
being
analyzed,
drug
8

packaging,
or
drug
supplies.
9

c.
“Drug-checking
packaging”
means
the
materials
or
items
10

used
by
agents
of
organizations
that
provide
harm
reduction
11

services
to
safely
store,
contain,
cover,
or
transport
small
12

amounts
of
one
or
more
controlled
substances
or
controlled
13

substance
analogs.
“Drug-checking
packaging”
includes
but
is
14

not
limited
to
plastic
bags,
plastic
vials,
glass
vials,
and
15

wax
paper
bindles.
16

d.
“Eligible
activities”
means
purchasing,
obtaining,
17

providing,
transporting,
distributing,
using,
or
evaluating
the
18

use
of
drug-checking
equipment
by
organizations
that
provide
19

harm
reduction
services.
20

e.
“Harm
reduction”
means
a
program,
service,
support,
or
21

resource
that
attempts
to
reduce
the
adverse
consequences
of
22

substance
use
among
people
who
use
substances.
“Harm
reduction”
23

addresses
conditions
that
give
rise
to
substance
use,
as
well
24

as
the
substance
use
itself,
and
may
include
but
is
not
limited
25

to
drug
checking,
naloxone
distribution,
and
education
about
26

laws
protecting
overdose
reporters,
as
defined
in
section
27

214.418.

28

2.
A
person
may
do
any
of
the
following:
29

a.
Obtain,
possess,
purchase,
sell,
provide,
transport,
30

distribute,
use,
or
request
another
person
to
use
drug-checking
31

equipment.
32

b.
Possess,
transport,
deliver,
or
provide
drug
33

paraphernalia
or
a
nominal
amount
of
one
or
more
controlled
34

substances
or
controlled
substance
analogs
for,
or
during,
35

-2-

LSB
2150HV
(1)
91

as/js

2/
5

H.F.
699

analysis
by
drug-checking
equipment.
1

c.
Possess,
provide,
or
communicate
the
results
of
the
2

drug-checking
analysis
in
paper,
electronic,
or
verbal
form.
3

3.
The
state
may
authorize
use
of
state
or
4

state-administered
funds
including
but
not
limited
to
5

moneys
in
the
Iowa
opioid
litigation
settlement
proceeds
fund
6

for
eligible
drug-checking
activities.
7

4.
No
person
shall
prohibit
another
person
from
using
8

federal
funds
for
eligible
drug-checking
activities,
provided
9

the
use
of
the
federal
funds
is
consistent
with
federal
law
and
10

any
rules
governing
use
of
the
funds.
11

5.
No
person
shall
be
subject
to
the
following
for
engaging
12

in
any
act
authorized
under
th