House File 2573 - Enrolled
House File 2573
AN ACT
CREATING FUNDS RELATING TO THE ABATEMENT OF AND RESPONSE TO
OPIOID USE, ALLOWING SCHOOL DISTRICTS TO OBTAIN OPIOID
ANTAGONIST PRESCRIPTIONS, AND MAKING AN APPROPRIATION.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 12.51 Opioid settlement fund.
2 1. An opioid settlement fund is created in the office of
3 the treasurer of state. The fund shall be separate from the
4 general fund of the state and the balance in the fund shall not
5 be considered part of the balance of the general fund of the
6 state. The state portion of any moneys paid to the state as
7 a result of a national settlement of litigation with entities
8 that manufactured, marketed, sold, distributed, dispensed,
9 or promoted opioids, made in connection with claims arising
10 from the manufacturing, marketing, selling, distributing,
11 dispensing, or promoting of opioids, shall be deposited in the
12 fund. This subsection does not apply to such moneys paid to
13 the state that are earmarked for or otherwise required to be
14 transferred or distributed to counties, cities, or other local
15 governmental entities.
16 2. Moneys in the fund shall not be transferred, used,
17 obligated, appropriated, or otherwise encumbered except as
18 provided in this section. Moneys in the fund shall only be
19 used pursuant to appropriations from the fund by the general
20 assembly for purposes of abating the opioid crisis in this
House File 2573, p. 2
21 state, which may include but are not limited to the purposes
22 specified in section 135.190A for moneys in the opioid
23 antagonist medication fund.
24 3. Notwithstanding section 8.33, moneys in the fund
25 that remain unencumbered or unobligated at the close of a
26 fiscal year shall not revert. Notwithstanding section 12C.7,
27 subsection 2, interest or earnings on moneys in the fund shall
28 be credited to the fund.
29 Sec. 2. Section 135.190, subsection 1, paragraph d, Code
30 2022, is amended to read as follows:
31 d. “Person in a position to assist” means a family member,
32 friend, caregiver, health care provider, employee of a
33 substance abuse treatment facility, school employee, or other
34 person who may be in a place to render aid to a person at risk
35 of experiencing an opioid-related overdose.
1 Sec. 3. Section 135.190, Code 2022, is amended by adding the
2 following new subsection:
3 NEW SUBSECTION. 4A. A school district may obtain a valid
4 prescription for an opioid antagonist and maintain a supply of
5 opioid antagonists in a secure location at each location where
6 a student may be present for use as provided in this section.
7 Sec. 4. NEW SECTION. 135.190A Opioid antagonist medication
8 fund.
9 1. An opioid antagonist medication fund for first
10 responders is created within the state treasury under the
11 control of the department. The fund shall consist of moneys
12 appropriated to or deposited into the fund.
13 2. Moneys in the fund are appropriated to the department for
14 the purchase, maintenance, and replacement of opioid antagonist
15 medication administered by first responders to persons
16 experiencing an opioid-related overdose. The department is
17 authorized to designate moneys in the fund for the purchase,
18 maintenance, and replacement of opioid antagonist medication
19 used by the department or other entities under this section.
20 3. First responders may contact the department for the
21 procurement of opioid antagonist medication. The department
22 shall keep a record of the distribution of moneys from the
23 fund.
House File 2573, p. 3
24 4. The fund may consist of available federal or state moneys
25 available, as well as any available opioid lawsuit settlement
26 moneys. Funds may be transferred between other state agencies
27 and the fund as appropriate.
28 5. Notwithstanding section 8.33, moneys in the fund
29 that remain unencumbered or unobligated at the close of
30 a fiscal year shall not revert but shall remain available
31 for expenditure for the purposes designated unless federal
32 regulations otherwise require. Notwithstanding section 12C.7,
33 subsection 2, interest or earnings on moneys in the fund shall
34 be credited to the fund.
35 6. The department shall submit a report to the
1 co-chairpersons and ranking members of the joint appropriations
2 subcommittee on the justice system and to the legislative
3 services agency on or before December 31 of each year which
4 shall contain a list of deposits and expenditures from the fund
5 for the prior fiscal year and the amount of carryover funds, if
6 any, to be distributed in the next fiscal year.
7 7. For purposes of this section:
8 a. “First responder” means an emergency medical care
9 provider, a registered nurse staffing an authorized service
10 program under section 147A.12, a physician assistant staffing
11 an authorized service program under section 147A.13, a fire
12 fighter, or a peace officer as defined in section 801.4 who is
13 trained and authorized to administer an opioid antagonist.
14 b. “Opioid antagonist” means the same as defined in section
15 147A.1.
16 c. “Opioid-related overdose” means the same as defined in
17 section 147A.1.
18 Sec. 5. APPROPRIATION —— OPIOID SETTLEMENT FUND. There
19 is appropriated from the opioid settlement fund created in
20 section 12.51 to the department of justice for the fiscal year
21 beginning July 1, 2022, and ending June 30, 2023, the following
22 amount, or so much thereof as is necessary, to be used for
23 a medication addiction treatment program administered by the
24 university of Iowa hospitals and clinics:
25 .................................................. $ 3,800,000
26 Notwithstanding section 8.33, moneys appropriated in this
27 section that remain unencumbered or unobligated at the close of
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28 the fiscal year shall not revert but shall remain available for
29 expenditure for the purposes designated until the close of the
30 succeeding fiscal year.
______________________________ ______________________________
PAT GRASSLEY JAKE CHAPMAN
Speaker of the House President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 2573, Eighty-ninth General Assembly.
______________________________
MEGHAN NELSON
Chief Clerk of the House
Approved _______________, 2022 ______________________________
KIM REYNOLDS
Governor
Statutes affected: Enrolled: 135.190A, 135.190