Iowa Code § 715A.11

Current through bills signed by governor as of 5/17/2024
Section 715A.11 - Synthetic urine and urine additives - defrauding drug or alcohol test
1. A person shall not manufacture, market, sell, distribute, use, or possess synthetic urine or a urine additive for the purpose of defrauding a drug or alcohol test.
2. A person shall not knowingly use the person's own urine expelled or withdrawn prior to the collection of a urine sample from the person for a drug or alcohol test for the purpose of defrauding a drug or alcohol test.
3. A person shall not knowingly use the urine of another person for the purpose of defrauding a drug or alcohol test.
4. This section shall not apply to the manufacture, marketing, sale, distribution, use, or possession of synthetic urine or a urine additive if the manufacture, marketing, sale, distribution, use, or possession is solely for educational or law enforcement purposes.
5. A person who violates this section is guilty of a simple misdemeanor for a first offense and a serious misdemeanor for each subsequent offense. The court may require a substance use disorder evaluation and treatment through a program licensed by the department of health and human services in lieu of or in addition to other penalties. Any substance use disorder evaluation required under this subsection shall be completed at the expense of the defendant.
6. Except as prohibited by law, a person who collects a urine sample from another person for a drug or alcohol test, having knowledge or a reasonable suspicion that the other person has used synthetic urine or a urine additive to defraud the test in violation of subsection 1, may report such information to law enforcement authorities.
7. Notwithstanding any other law to the contrary, the prosecution of a person for a violation of this section shall not preclude a prosecution of that person under other applicable law.
8. This section shall not be construed to encourage, conflict with, or otherwise interfere with the preemption of any federal, state, or local laws or regulations related to drug and alcohol testing procedures and confidentiality.

Iowa Code § 715A.11

Amended by 2023 Iowa, ch 19, s 1305, eff. 7/1/2023.
Amended by 2022 Iowa, ch 1021, s 173, eff. 7/1/2022.
Added by 2021 Iowa, ch 17, s 2, eff. 7/1/2021.

Subsection 5 amended