Iowa General Assembly Daily Bills, Amendments & Study Bills March 17, 2009



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132 3 person from whom or from whose premises the property was

132 4 seized and to the applicant for the warrant.

132 5 d. e. The judicial officer who has issued a warrant under

132 6 this section shall require that there be attached to the

132 7 warrant a copy of the return, and of all papers filed in

132 8 connection with the return, and shall file them with the clerk

132 9 of the district court for the county in which the inspection

132 10 was made.

132 11 Sec. 184. Section 124C.2, Code 2009, is amended to read as

132 12 follows:

132 13 124C.2 POWERS AND DUTIES OF THE COMMISSIONER.

132 14 1. The commissioner or the commissioner's designee may use

132 15 funds appropriated or otherwise available to the department

132 16 for the following purposes:

132 17 a. Administrative services for the identification,

132 18 assessment, and cleanup of clandestine laboratory sites.

132 19 b. Payments to other government agencies or private

132 20 contractors for services consistent with the management and

132 21 cleanup of a clandestine laboratory site.

132 22 c. Emergency response activities involving clandestine

132 23 laboratory sites, including surveillance, entry, security,

132 24 cleanup, and disposal.

132 25 2. The commissioner may request the assistance of other

132 26 state, federal, and local agencies as necessary.

132 27 2. 3. The commissioner shall proceed, pursuant to this

132 28 section, to collect all costs incurred in cleanup of a

132 29 clandestine laboratory site from the person having control

132 30 over a clandestine laboratory site.

132 31 3. 4. The commissioner shall make all reasonable efforts

132 32 to recover the full amount of moneys expended, through

132 33 litigation or otherwise. Moneys recovered shall be deposited

132 34 with the treasurer of state and credited to the department of

132 35 public safety.
Senate File 446 - Introduced continued
133 1 Sec. 185. Section 124C.4, subsection 4, Code 2009, is

133 2 amended to read as follows:

133 3 4. Upon payment of a charge for which the commissioner has

133 4 filed a notice of lien with a county, the commissioner shall

133 5 immediately file with the county a satisfaction of the charge

133 6 and the satisfaction of the charge shall be indicated on the

133 7 index.

133 8 5. The attorney general, upon the request of the

133 9 commissioner, shall bring an action at law or in equity,

133 10 without bond, to enforce payment of any charges or penalties,

133 11 and in such action the attorney general shall have the

133 12 assistance of the county attorney of the county in which the

133 13 action is pending.

133 14 6. The remedies available to the state in this chapter

133 15 shall be cumulative and no action taken by the commissioner or

133 16 attorney general shall be construed to be an election on the

133 17 part of the state to pursue any remedy to the exclusion of any

133 18 other remedy provided by law.

133 19 Sec. 186. Section 125.59, subsections 1 and 2, Code 2009,

133 20 are amended to read as follows:

133 21 1. a. Of these funds, notwithstanding section 125.13,

133 22 subsection 1, one=half of the transferred amount shall be used

133 23 for grants to counties operating a substance abuse program

133 24 involving only education, prevention, referral or

133 25 posttreatment services, either with the counties' own

133 26 employees or by contract with a nonprofit corporation. The

133 27 grants shall not annually exceed ten thousand dollars to any

133 28 one county, subject to the following conditions:

133 29 a. (1) The money shall be paid to the county after

133 30 expenditure by the county and submission of the requirements

133 31 in paragraph "b" subparagraph (2) on the basis of one dollar

133 32 for each three dollars spent by the county. The county may

133 33 submit a quarterly claim for reimbursement.

133 34 b. (2) The county shall submit an accounting of the

133 35 expenditures and shall submit an annual financial report, a
Senate File 446 - Introduced continued
134 1 description of the program, and the results obtained within

134 2 sixty days after the end of the fiscal year in which the money

134 3 is granted.

134 4 b. If the transferred amount for this subsection exceeds

134 5 grant requests funded to the ten thousand dollar maximum, the

134 6 Iowa department of public health may use the remainder to

134 7 increase grants pursuant to subsection 2.

134 8 2. a. Of these funds, one=half of the transferred amount

134 9 shall be used for prevention programs in addition to the

134 10 amount budgeted for prevention programs by the department in

134 11 the same fiscal year. The department shall use this

134 12 additional prevention program money for grants to a county,

134 13 person, or nonprofit agency operating a prevention program. A

134 14 grant to a county, person, or nonprofit agency is subject to

134 15 the following conditions:

134 16 a. (1) The money shall be paid to the county, person, or

134 17 nonprofit agency after submission of the requirements in

134 18 paragraph "b" subparagraph (2) on the basis of two dollars for

134 19 each dollar designated for prevention by the county, person,

134 20 or nonprofit agency.

134 21 b. (2) The county, person, or nonprofit agency shall

134 22 submit a description of the program.

134 23 c. (3) The county, person, or nonprofit agency shall

134 24 submit an annual financial report and the results obtained

134 25 before June 10 of the same fiscal year in which the money is

134 26 granted.

134 27 b. The department may consider in=kind contributions

134 28 received by a county, person, or nonprofit agency for matching

134 29 purposes required in paragraph "a", subparagraph (1).

134 30 Sec. 187. Section 125.81, Code 2009, is amended to read as

134 31 follows:

134 32 125.81 IMMEDIATE CUSTODY.

134 33 1. If a person filing an application requests that a

134 34 respondent be taken into immediate custody, and the court upon

134 35 reviewing the application and accompanying documentation,

Senate File 446 - Introduced continued
135 1 finds probable cause to believe that the respondent is a

135 2 chronic substance abuser who is likely to injure the person or

135 3 other persons if allowed to remain at liberty, the court may

135 4 enter a written order directing that the respondent be taken

135 5 into immediate custody by the sheriff, and be detained until

135 6 the commitment hearing, which shall be held no more than five

135 7 days after the date of the order, except that if the fifth day

135 8 after the date of the order is a Saturday, Sunday, or a

135 9 holiday, the hearing may be held on the next business day.

135 10 The court may order the respondent detained for the period of

135 11 time until the hearing is held, and no longer except as

135 12 provided in section 125.88, in accordance with subsection 1 2,



135 13 paragraph "a", if possible, and if not, then in accordance

135 14 with subsection 2, paragraph "b", or, only if neither of these

135 15 alternatives is available in accordance with subsection 3 2,

135 16 paragraph "c".

135 17 2. Detention may be:

135 18 1. a. In the custody of a relative, friend, or other

135 19 suitable person who is willing and able to accept

135 20 responsibility for supervision of the respondent, with

135 21 reasonable restrictions as the court may order including but

135 22 not limited to restrictions on or a prohibition of any

135 23 expenditure, encumbrance, or disposition of the respondent's

135 24 funds or property.

135 25 2. b. In a suitable hospital, the chief medical officer

135 26 of which shall be informed of the reasons why immediate

135 27 custody has been ordered. The hospital may provide treatment

135 28 which is necessary to preserve the respondent's life, or to

135 29 appropriately control the respondent's behavior which is

135 30 likely to result in physical injury to the person or to others

135 31 if allowed to continue, and other treatment as deemed

135 32 appropriate by the chief medical officer.

135 33 3. c. In the nearest facility which is licensed to care

135 34 for persons with mental illness or substance abuse, provided

135 35 that detention in a jail or other facility intended for


Senate File 446 - Introduced continued
136 1 confinement of those accused or convicted of a crime shall not

136 2 be ordered.

136 3 3. The respondent's attorney may be allowed by the court

136 4 to present evidence and arguments before the court's

136 5 determination under this section. If such an opportunity is

136 6 not provided at that time, respondent's attorney shall be

136 7 allowed to present evidence and arguments after the issuance

136 8 of the court's order of confinement and while the respondent

136 9 is confined.

136 10 Sec. 188. Section 125.91, subsection 2, paragraph a, Code

136 11 2009, is amended to read as follows:

136 12 a. A peace officer who has reasonable grounds to believe

136 13 that the circumstances described in subsection 1 are

136 14 applicable, may, without a warrant, take or cause that person

136 15 to be taken to the nearest available facility referred to in

136 16 section 125.81, subsection 2 or 3, paragraph "b" or "c". Such

136 17 an intoxicated or incapacitated person may also be delivered

136 18 to a facility by someone other than a peace officer upon a

136 19 showing of reasonable grounds. Upon delivery of the person to

136 20 a facility under this section, the examining physician may

136 21 order treatment of the person, but only to the extent

136 22 necessary to preserve the person's life or to appropriately

136 23 control the person's behavior if the behavior is likely to

136 24 result in physical injury to the person or others if allowed

136 25 to continue. The peace officer or other person who delivered

136 26 the person to the facility shall describe the circumstances of

136 27 the matter to the examining physician. If the person is a

136 28 peace officer, the peace officer may do so either in person or

136 29 by written report. If the examining physician has reasonable

136 30 grounds to believe that the circumstances in subsection 1 are

136 31 applicable, the examining physician shall at once communicate

136 32 with the nearest available magistrate as defined in section

136 33 801.4, subsection 10. The magistrate shall, based upon the

136 34 circumstances described by the examining physician, give the

136 35 examining physician oral instructions either directing that

Senate File 446 - Introduced continued
137 1 the person be released forthwith, or authorizing the person's

137 2 detention in an appropriate facility. The magistrate may also

137 3 give oral instructions and order that the detained person be

137 4 transported to an appropriate facility.

137 5 Sec. 189. Section 126.10, Code 2009, is amended to read as

137 6 follows:

137 7 126.10 DRUGS AND DEVICES == MISBRANDING == LABELING.

137 8 1. A drug or device is misbranded under any of the

137 9 following circumstances:

137 10 1. a. If its labeling is false or misleading in any

137 11 particular.

137 12 2. b. (1) If in a package form unless it bears a label

137 13 containing both of the following:

137 14 a. (a) The name and place of business of the

137 15 manufacturer, packer, or distributor.

137 16 b. (b) An accurate statement of the quantity of the

137 17 contents in terms of weight, measure, or numerical count.

137 18 (2) However, under paragraph "a" subparagraph (1),


137 19 subparagraph division (a), reasonable variations shall be

137 20 permitted, and exemptions as to small packages shall be

137 21 allowed, in accordance with rules adopted by the board.

137 22 3. c. If any word, statement, or other information

137 23 required by or under the authority of this chapter to appear

137 24 on the label or labeling is not prominently placed thereon

137 25 with such conspicuousness, as compared with other words,

137 26 statements, designs, or devices, in the labeling, and in such

137 27 terms as to render it likely to be read and understood by the

137 28 ordinary individual under customary conditions of purchase and

137 29 use.

137 30 4. d. If it is for use by humans and contains any

137 31 quantity of the narcotic or hypnotic substance alpha=eucaine,

137 32 barbituric acid, beta=eucaine, bromal, cannabis, carbromal,

137 33 chloral, coca, cocaine, codeine, heroin, marijuana, morphine,

137 34 opium, paraldehyde, peyote, or sulphonmethane; or any chemical

137 35 derivative of such a substance, which derivative, after
Senate File 446 - Introduced continued
138 1 investigation, has been designated as habit forming, by rules

138 2 adopted by the board under this chapter or by regulations

138 3 adopted by the secretary pursuant to section 502(d) of the

138 4 federal Act; unless its label bears the name and quantity or

138 5 proportion of such substance or derivative and in

138 6 juxtaposition therewith the statement "Warning == May Be Habit

138 7 Forming."

138 8 5. a. e. (1) If it is a drug, unless both of the

138 9 following apply:

138 10 (1) (a) Its label bears, to the exclusion of any other

138 11 nonproprietary name except the applicable systematic chemical

138 12 name or the chemical formula:

138 13 (a) (i) The established name of the drug, as specified in

138 14 paragraph "c" subparagraph (3), if such exists; and

138 15 (b) (ii) If the drug is fabricated from two or more

138 16 ingredients, the established name and quantity of each active

138 17 ingredient, including the quantity, kind, and proportion of

138 18 any alcohol, and also including, whether active or not, the

138 19 established name and quantity or proportion of any bromides,

138 20 ether, chloroform, acetanilide, acetophenetidin, amidopyrine,

138 21 antipyrine, atropine, hyoscine, hyoscyamine, arsenic,

138 22 digitalis, digitalis glucosides, mercury, ouabain,

138 23 strophanthin, strychnine, thyroid, or any derivative or

138 24 preparation of any such substances, contained therein.

138 25 However, the requirement for stating the quantity of the

138 26 active ingredients, other than the quantity of those

138 27 specifically named in this subparagraph subdivision, applies

138 28 only to prescription drugs.

138 29 (2) (b) For a prescription drug, the established name of

138 30 the prescription drug or of an ingredient is printed, on the

138 31 label and on any labeling on which a name for the prescription

138 32 drug or an ingredient is used, prominently and in type at

138 33 least half as large as that used thereon for any proprietary

138 34 name or designation for the prescription drug or ingredient.

138 35 However, to the extent that compliance with subparagraph (1),
Senate File 446 - Introduced continued
139 1 subparagraph subdivision (b) division (a), subparagraph

139 2 subdivision (ii), or this subparagraph division is

139 3 impracticable, exemptions shall be allowed under rules or

139 4 regulations adopted by the board or the secretary under the

139 5 federal Act.

139 6 b. (2) If it is a device and it has an established name,

139 7 unless its label bears, to the exclusion of any other

139 8 nonproprietary name, its established name, as defined in

139 9 paragraph "d" subparagraph (4), prominently printed in type at

139 10 least half as large as that used thereon for any proprietary

139 11 name or designation for the device, except that to the extent

139 12 compliance with this paragraph subparagraph is impracticable,

139 13 exemptions shall be allowed under rules or regulations adopted

139 14 by the board or the secretary under the federal Act.

139 15 c. (3) As used in paragraph "a" subparagraph (1), the

139 16 term "established name", with respect to a drug or ingredient

139 17 thereof, means one of the following:

139 18 (1) (a) The applicable official name designated pursuant

139 19 to section 508 of the federal Act.

139 20 (2) (b) If no such official name exists and the drug or

139 21 ingredient is an article recognized in an official compendium,

139 22 then its official title in the compendium.

139 23 (3) (c) If neither subparagraph (1) division (a) nor (2)

139 24 (b) applies, then the common or usual name, if any, of the

139 25 drug or ingredient. However, if subparagraph (2) division (b)

139 26 applies to an article recognized in the United States

139 27 Pharmacopoeia National Formulary and in the Homeopathic

139 28 Pharmacopoeia of the United States under different official

139 29 titles, the official title used in the United States

139 30 Pharmacopoeia National Formulary applies unless it is labeled

139 31 and offered for sale as a homeopathic drug, in which case the

139 32 official title used in the Homeopathic Pharmacopoeia of the

139 33 United States applies.

139 34 d. (4) As used in paragraph "b" subparagraph (2), the

139 35 term "established name" with respect to a device means one of


Senate File 446 - Introduced continued
140 1 the following:

140 2 (1) (a) The applicable official name of the device

140 3 pursuant to section 508 of the federal Act.

140 4 (2) (b) If no such official name exists and the device is

140 5 an article recognized in an official compendium, then its

140 6 official title in the compendium.

140 7 (3) (c) If neither subparagraph (1) division (a) nor (2)

140 8 (b) applies, then any common or usual name of the device.

140 9 6. f. (1) Unless its labeling bears both of the

140 10 following:

140 11 a. (a) Adequate directions for use.

140 12 b. (b) Adequate warnings against use in those

140 13 pathological conditions, or by children, where its use may be

140 14 dangerous to health, or against unsafe dosage or methods or

140 15 durations of administration or application, in the manner and

140 16 form necessary for the protection of users.

140 17 (2) However, if a requirement of paragraph "a"

140 18 subparagraph (1), subparagraph division (a), as applied to a

140 19 drug or device, is not necessary for the protection of the

140 20 public health, the board or the secretary shall adopt rules or

140 21 regulations exempting the drug or device from that

140 22 requirement.

140 23 7. g. If it purports to be a drug the name of which is

140 24 recognized in an official compendium, unless it is packaged

140 25 and labeled as prescribed in the official compendium.

140 26 However, the method of packing may be modified with the

140 27 consent of the board or the secretary. If a drug is

140 28 recognized in both the United States Pharmacopoeia National

140 29 Formulary and the Homeopathic Pharmacopoeia of the United

140 30 States, it is subject to the requirements of the United States

140 31 Pharmacopoeia National Formulary with respect to packaging and

140 32 labeling unless it is labeled and offered for sale as a

140 33 homeopathic drug, in which case it is subject to the

140 34 Homeopathic Pharmacopoeia of the United States, and not to the

140 35 United States Pharmacopoeia National Formulary. However, if

Senate File 446 - Introduced continued
141 1 an inconsistency exists between this subsection paragraph and

141 2 subsection 5 paragraph "e" as to the name by which the drug or

141 3 its ingredients shall be designated, subsection 5 paragraph

141 4 "e" prevails.

141 5 8. h. If it has been found by the board or the secretary

141 6 to be a drug liable to deterioration, unless it is packaged in

141 7 the form and manner, and its label bears a statement of the

141 8 precautions that the board or the secretary by rule or

141 9 regulation requires as necessary for the protection of public

141 10 health. Such a rule or regulation shall not be established

141 11 for a drug recognized in an official compendium until the

141 12 board or the secretary has informed the appropriate body

141 13 charged with the revision of the official compendium of the

141 14 need for such packaging or labeling requirements and that body

141 15 has failed within a reasonable time to prescribe such

141 16 requirements.

141 17 9. a. i. (1) If it is a drug and its container is so

141 18 made, formed, or filled as to be misleading.

141 19 b. (2) If it is an imitation of another drug.

141 20 c. (3) If it is offered for sale under the name of

141 21 another drug.

141 22 10. j. If it is dangerous to health when used in the

141 23 dosage or manner, or with the frequency or duration




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