HF 732 (LSB 2764HV (2) 88)

HOUSE FILE 732

BY  COMMITTEE ON PUBLIC SAFETY

(SUCCESSOR TO HSB 244)

A BILL FOR

An Act relating to the medical cannabidiol Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 124E.2, subsection 2, paragraph i, Code 2019, is amended to read as follows:
   i.  Untreatable Severe or chronic pain.
    Sec. 2.  Section 124E.2, subsections 5 and 6, Code 2019, are amended to read as follows:
   5.  “Health care practitioner” means an individual licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery, a physician assistant licensed under chapter 148C, or an advanced registered nurse practitioner licensed under chapter 152 or 152E, who is a patient’s primary care provider. “Health care practitioner” shall not include a physician assistant licensed under chapter 148C or an advanced registered nurse practitioner licensed pursuant to chapter 152 or 152E.
   6.  “Medical cannabidiol” means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that has a tetrahydrocannabinol level of no more than three percent and that is delivered in a form recommended by the medical cannabidiol board, approved by the board of medicine, and adopted by the department pursuant to rule.
    Sec. 3.  Section 124E.2, subsection 8, Code 2019, is amended by striking the subsection.
    Sec. 4.  Section 124E.4, subsection 1, paragraph f, Code 2019, is amended by striking the paragraph.
    Sec. 5.  Section 124E.9, Code 2019, is amended by adding the following new subsections:
   NEW SUBSECTION.  13.  A medical cannabidiol dispensary may employ a pharmacist or pharmacy technician licensed or registered pursuant to chapter 155A.
   NEW SUBSECTION.  14.  A medical cannabidiol dispensary shall not dispense more than a combined total of twenty grams of tetrahydrocannabinol to a patient and the patient’s primary caregiver in a ninety-day period. The department may decrease this limit by rule as provided in section 124E.11, subsection 2, paragraph “c”.
    Sec. 6.  Section 124E.11, subsection 1, paragraph b, subparagraph (1), subparagraph division (c), Code 2019, is amended to read as follows:
   (c)  To authorized employees of a medical cannabidiol dispensary, but only for the purpose purposes of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this chapter and that a person has not purchased tetrahydrocannabinol in excess of the amount authorized by this chapter.
    Sec. 7.  Section 124E.11, subsection 2, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  j.  Collect and evaluate data on patient demographics, effective treatment options, clinical outcomes, and quality of life outcomes for the purpose of reporting on the benefits, risks, and outcomes encountered by patients with a debilitating medical condition engaged in the use of medical cannabidiol.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the medical cannabidiol Act (Code chapter 124E). 
   The bill replaces “untreatable pain” with “severe and chronic pain” on the list of debilitating medical conditions for which medical cannabidiol may be recommended by a health care practitioner.
   The bill adds physician assistants and advanced registered nurse practitioners to the list of health care practitioners who may certify a person to receive a medical cannabidiol registration card.
   The bill removes the percentage cap on the amount of tetrahydrocannabinol (THC) that medical cannabidiol, as defined in Code section 124E.2(6), is allowed to contain. The bill prohibits a dispensary from dispensing more than 20 grams of THC to a patient or a patient’s caregiver in a 90-day period. The bill allows the department of public health to lower this limit by rule. The bill allows the department to disclose certain patient information to authorized employees of medical cannabidiol dispensaries to ensure that a person has not purchased THC in excess of this limit.
   The bill removes the prohibition on certain felons who are patients applying for a medical cannabidiol registration card.
   The bill allows a medical cannabidiol dispensary to employ a pharmacist or pharmacy technician licensed or registered pursuant to Code chapter 155A.
   The bill directs the department of public health to adopt rules for the collection and evaluation of data regarding patient demographics, effective treatment options, clinical outcomes, and quality of life outcomes for the purpose of reporting on the benefits, risks, and outcomes encountered by patients with a debilitating medical condition engaged in the use of medical cannabidiol.