Iowa Code § 147A.18

Current through March 29, 2024
Section 147A.18 - Possession and administration of an opioid antagonist - immunity
1.
a. 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, fire department, or secondary distributor to be maintained for use as provided in this section. For purposes of this section, "secondary distributor" means the same as defined in section 135.190.
b.
(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 in the name of a service program, law enforcement agency, fire department, or secondary distributor to be maintained for use as provided in this section.
(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 referral contact information, to the recipient in accordance with the protocols and instructions developed by the department under this section.
2. A service program, law enforcement agency, fire department, or secondary distributor may obtain a prescription for and maintain a supply of opioid antagonists. A service program, law enforcement agency, fire department, or secondary distributor that obtains such a prescription shall replace an opioid antagonist upon its use or expiration.
3. A first responder employed by a service program, law enforcement agency, or fire department that maintains a supply of opioid antagonists pursuant to this section may possess and provide or administer such an opioid antagonist to an individual if the first responder reasonably and in good faith believes that such individual is experiencing an opioid-related overdose.
4. A secondary distributor may possess and provide an opioid antagonist to a person in a position to assist as defined in section 135.190.
5. The following persons, provided they have acted reasonably and in good faith, shall not be liable for any injury arising from the provision, administration, or assistance in the administration of an opioid antagonist as provided in this section:
a. A first responder who provides, administers, or assists in the administration of an opioid antagonist to an individual as provided in this section.
b. A service program, law enforcement agency, fire department, or secondary distributor.
c. The prescriber of the opioid antagonist.
d. The pharmacist who dispenses the opioid antagonist.
6. The department may adopt rules pursuant to chapter 17A to implement and administer this section.

Iowa Code § 147A.18

2016 Acts, ch 1061, §3; 2016 Acts, ch 1139, §71 - 75; 2023 Acts, ch 86, §19 - 22

Amended by 2023 Iowa, ch 86, s 22, eff. 7/1/2023.
Amended by 2023 Iowa, ch 86, s 21, eff. 7/1/2023.
Amended by 2023 Iowa, ch 86, s 20, eff. 7/1/2023.
Amended by 2023 Iowa, ch 86, s 19, eff. 7/1/2023.
Amended by 2016 Iowa, ch 1139, s 71, eff. 5/27/2016.
Added by 2016 Iowa, ch 1061, s 3, eff. contingent upon the availability of funding..

Section amended