Relating to the establishment of a needle exchange pilot program by the Iowa department of public health

The objectives of a pilot program established pursuant to the bill include reducing the spread of viral hepatitis, HIV, and other medical illnesses caused by infectious agents, reducing needle-stick injuries to law enforcement officers and other emergency personnel, and encouraging persons who inject drugs to enroll in evidence-based treatment for substance use disorders. A pilot program established pursuant to the bill shall offer disposal sites for used hypodermic needles and syringes; hypodermic needles, syringes, and other injection supplies at no cost and in quantities sufficient to ensure that hypodermic needles, syringes, and other injection supplies are not shared or reused; and educational materials that include information relating to overdose prevention and naloxone administration, including access to kits that contain naloxone; the prevention of HIV, viral hepatitis, endocarditis, and other bacterial infections associated with intravenous drug use; HIV and hepatitis C testing; evidence-based treatment for persons with substance use disorders; and treatment for persons with mental illness. The bill provides that the department shall solicit applications from interested jurisdictions and shall work with selected applicants for the purpose of establishing a pilot program in the participating jurisdictions. Pilot programs shall be established in five participating jurisdictions for a period of five years. The department shall assist the participating jurisdiction in establishing and administering a pilot program in that jurisdiction in compliance with the bill. The department shall utilize HIV and hepatitis integrated testing programs, the health resources and services administration’s Ryan White HIV/AIDS program, and the bureau of substance abuse integrated provider network for support services, supplies, and medications for the pilot program. The bill provides that an employee of, or a volunteer or participant in, a pilot program shall not be charged with or prosecuted for possession of a hypodermic needle, syringe, or other injection supply item obtained from or returned to a pilot program or a residual amount of a controlled substance contained in a used hypodermic needle, used hypodermic syringe, or used injection supply item obtained from or returned to a pilot program. “Residual amount” is defined as an amount of a controlled substance not exceeding milligrams. This immunity provision applies only if the person claiming immunity provides, upon request of a law enforcement officer, a pilot program identification card issued by DPH verifying that a hypodermic needle, syringe, or other injection supply item was obtained from a pilot program authorized pursuant to the bill. A pilot program identification card shall include a unique identifying number assigned to each individual pilot program participant and must be verifiable by DPH. The bill provides that if a law enforcement officer in good faith issues a charge in violation of the immunity provisions of the bill, the law enforcement officer shall not be held civilly or criminally liable. The bill provides that at the completion of the five-year pilot program, the department, in cooperation with the department of public safety and the governor’s office of drug control policy, shall submit a pilot program progress report to the general assembly by December 1, 2025. The pilot program progress report shall detail the effectiveness of the pilot program and shall make recommendations concerning program continuation or termination. The bill provides the pilot program shall be repealed July 1, 2026. The bill provides that DPH shall adopt rules pursuant to Code chapter 17A to administer the bill.414.414 by exempting hypodermic needles or syringes delivered, sold, or possessed through the pilot program established in the bill from the definition of drug paraphernalia.