House
File
732
H-1073
Amend
House
File
732
as
follows:
1
1.
By
striking
everything
after
the
enacting
clause
and
2
inserting:
3
<
Section
1.
Section
124E.2,
subsection
2,
paragraphs
b
and
4
i,
Code
2019,
are
amended
to
read
as
follows:
5
b.
Multiple
sclerosis
with
severe
and
persistent
muscle
6
spasms
.
7
i.
Untreatable
pain
Severe
or
chronic
pain
.
8
Sec.
2.
Section
124E.2,
subsection
2,
Code
2019,
is
amended
9
by
adding
the
following
new
paragraphs:
10
NEW
PARAGRAPH
.
j.
Glaucoma.
11
NEW
PARAGRAPH
.
k.
Hepatitis
C.
12
NEW
PARAGRAPH
.
l.
Ehlers-Danlos
syndrome.
13
NEW
PARAGRAPH
.
m.
Post-traumatic
stress
disorder.
14
NEW
PARAGRAPH
.
n.
Tourette’s
syndrome.
15
NEW
PARAGRAPH
.
o.
Muscular
dystrophy.
16
NEW
PARAGRAPH
.
p.
Huntington’s
disease.
17
NEW
PARAGRAPH
.
q.
Alzheimer’s
disease.
18
NEW
PARAGRAPH
.
r.
Complex
regional
pain
syndrome.
19
NEW
PARAGRAPH
.
s.
Rheumatoid
arthritis.
20
NEW
PARAGRAPH
.
t.
Trigeminal
neuralgia.
21
NEW
PARAGRAPH
.
u.
Polyarteritis
nodosa.
22
NEW
PARAGRAPH
.
v.
Any
other
medical
condition
for
which
23
the
patient’s
health
care
practitioner
determines
the
use
of
24
medical
cannabidiol
could
be
medically
beneficial
pursuant
to
25
rules
of
the
board
licensing
the
health
care
practitioner.
26
Sec.
3.
Section
124E.2,
subsection
5,
Code
2019,
is
amended
27
to
read
as
follows:
28
5.
“Health
care
practitioner”
means
an
individual
licensed
29
under
chapter
148
to
practice
medicine
and
surgery
or
30
osteopathic
medicine
and
surgery
,
a
physician
assistant
31
licensed
under
chapter
148C,
or
an
advanced
registered
nurse
32
practitioner
licensed
under
chapter
152
or
152E,
who
is
a
33
patient’s
primary
care
provider.
“Health
care
practitioner”
34
shall
not
include
a
physician
assistant
licensed
under
chapter
35
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#1.
148C
or
an
advanced
registered
nurse
practitioner
licensed
1
pursuant
to
chapter
152
or
152E
.
2
Sec.
4.
Section
124E.2,
subsection
6,
Code
2019,
is
amended
3
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
4
following:
5
6.
“Medical
cannabidiol”
means
any
species
of
the
genus
6
cannabis
plant,
or
any
mixture
or
preparation
of
them,
7
including
whole
plant
extracts
and
resins.
8
Sec.
5.
Section
124E.2,
subsection
8,
Code
2019,
is
amended
9
by
striking
the
subsection.
10
Sec.
6.
Section
124E.3,
subsection
1,
Code
2019,
is
amended
11
by
adding
the
following
new
paragraph:
12
NEW
PARAGRAPH
.
c.
For
a
certification
issued
under
section
13
124E.2,
subsection
2,
paragraph
“v”
,
determine
whether
the
14
certification
would
comply
with
rules
of
the
board
licensing
15
the
health
care
practitioner,
and
if
so,
provide
written
16
documentation
to
that
effect
to
the
patient.
17
Sec.
7.
Section
124E.4,
subsection
1,
Code
2019,
is
amended
18
to
read
as
follows:
19
1.
a.
Issuance
to
patient.
Subject
Except
as
otherwise
20
provided
in
paragraph
“b”
,
and
subject
to
subsection
21
7
,
the
department
may
approve
the
issuance
of
issue
a
22
medical
cannabidiol
registration
card
by
the
department
of
23
transportation
to
a
patient
who:
24
a.
(1)
Is
at
least
eighteen
years
of
age.
25
b.
(2)
Is
a
permanent
resident
of
this
state.
26
c.
(3)
Submits
a
written
certification
to
the
department
27
signed
by
the
patient’s
health
care
practitioner
that
the
28
patient
is
suffering
from
a
debilitating
medical
condition.
29
d.
(4)
Submits
an
application
to
the
department,
on
a
form
30
created
by
the
department,
in
consultation
with
the
department
31
of
transportation,
that
contains
all
of
the
following:
32
(1)
(a)
The
patient’s
full
name,
Iowa
residence
address,
33
date
of
birth,
and
telephone
number.
34
(2)
(b)
A
copy
of
the
patient’s
valid
photograph
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identification.
1
(3)
(c)
Full
name,
address,
and
telephone
number
of
the
2
patient’s
health
care
practitioner.
3
(4)
(d)
Full
name,
residence
address,
date
of
birth,
and
4
telephone
number
of
each
primary
caregiver
of
the
patient,
if
5
any.
6
(5)
(e)
Any
other
information
required
by
rule.
7
e.
(5)
Submits
a
medical
cannabidiol
registration
card
8
fee
of
one
hundred
dollars
to
the
department.
If
the
patient
9
attests
to
receiving
social
security
disability
benefits,
10
supplemental
security
insurance
payments,
or
being
enrolled
in
11
the
medical
assistance
program,
the
fee
shall
be
twenty-five
12
dollars.
13
f.
Has
not
been
convicted
of
a
disqualifying
felony
offense.
14
b.
Issuance
to
hospice
patient.
Subject
to
subsection
7,
15
the
department
may
issue
a
medical
cannabidiol
registration
16
card
to
a
patient
who
provides
documentation
to
the
department,
17
on
a
form
prescribed
by
the
department,
that
the
patient
is
18
receiving
inpatient
hospice
care
in
this
state.
19
Sec.
8.
Section
124E.4,
subsection
2,
unnumbered
paragraph
20
1,
Code
2019,
is
amended
to
read
as
follows:
21
A
medical
cannabidiol
registration
card
issued
to
a
patient
22
by
the
department
of
transportation
pursuant
to
subsection
1
23
shall
contain,
at
a
minimum,
all
of
the
following:
24
Sec.
9.
Section
124E.4,
subsection
3,
unnumbered
paragraph
25
1,
Code
2019,
is
amended
to
read
as
follows:
26
For
a
patient
in
a
primary
caregiver’s
care,
subject
to
27
subsection
7
,
the
department
may
approve
the
issuance
of
issue
28
a
medical
cannabidiol
registration
card
by
the
department
of
29
transportation
to
the
primary
caregiver
who:
30
Sec.
10.
Section
124E.4,
subsection
3,
paragraph
b,
31
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
32
follows:
33
Submits
an
application
to
the
department,
on
a
form
created
34
by
the
department,
in
consultation
with
the
department
of
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transportation,
that
contains
all
of
the
following:
1
Sec.
11.
Section
124E.4,
subsection
4,
unnumbered
paragraph
2
1,
Code
2019,
is
amended
to
read
as
follows:
3
A
medical
cannabidiol
registration
card
issued
by
the
4
department
of
transportation
to
a
primary
caregiver
pursuant
to
5
subsection
3
shall
contain,
at
a
minimum,
all
of
the
following:
6
Sec.
12.
Section
124E.4,
subsection
6,
Code
2019,
is
amended
7
by
striking
the
subsection.
8
Sec.
13.
Section
124E.5,
subsection
1,
paragraph
a,
Code
9
2019,
is
amended
to
read
as
follows:
10
a.
A
medical
cannabidiol
board
is
created
consisting
of
11
eight
practitioners
representing
the
fields
of
neurology,
pain
12
management,
gastroenterology,
oncology,
psychiatry,
pediatrics,
13
family
medicine,
and
pharmacy,
and
one
representative
from
law
14
enforcement
,
and
three
patients
with
valid
medical
cannabidiol
15
registration
cards
.
16
Sec.
14.
Section
124E.5,
subsection
2,
Code
2019,
is
amended
17
to
read
as
follows:
18
2.
The
medical
cannabidiol
board
shall
convene
at
least
19
twice
but
no
more
than
four
six
times
per
year.
20
Sec.
15.
Section
124E.5,
subsection
4,
Code
2019,
is
amended
21
to
read
as
follows:
22
4.
Recommendations
made
by
the
medical
cannabidiol
board
23
pursuant
to
subsection
3
,
paragraphs
“b”
and
“e”
,
shall
be
made
24
to
the
board
of
medicine
department
for
consideration,
and
if
25
approved,
shall
be
adopted
by
the
board
of
medicine
department
26
by
rule.
27
Sec.
16.
Section
124E.7,
Code
2019,
is
amended
by
adding
the
28
following
new
subsection:
29
NEW
SUBSECTION
.
13.
A
medical
cannabidiol
manufacturer
may
30
deliver
medical
cannabidiol
to
a
patient
at
the
patient’s
Iowa
31
residence
pursuant
to
rules
of
the
department.
32
Sec.
17.
Section
124E.8,
subsection
1,
paragraph
a,
Code
33
2019,
is
amended
to
read
as
follows:
34
a.
The
department
shall
issue
a
request
for
proposals
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to
select
and
license
by
April
1,
2018
2020
,
up
to
five
1
thirty
medical
cannabidiol
dispensaries
to
dispense
medical
2
cannabidiol
within
this
state
consistent
with
the
provisions
3
of
this
chapter
.
The
department
shall
license
new
medical
4
cannabidiol
dispensaries
or
relicense
the
existing
medical
5
cannabidiol
dispensaries
by
December
1
of
each
year.
6
Sec.
18.
Section
124E.11,
subsection
1,
paragraph
b,
7
subparagraph
(1),
subparagraph
division
(a),
Code
2019,
is
8
amended
to
read
as
follows:
9
(a)
To
authorized
employees
or
agents
of
the
department
and
10
the
department
of
transportation
as
necessary
to
perform
the
11
duties
of
the
department
and
the
department
of
transportation
12
pursuant
to
this
chapter
.
13
Sec.
19.
Section
124E.11,
subsection
2,
paragraph
c,
Code
14
2019,
is
amended
to
read
as
follows:
15
c.
Establish
the
form
and
quantity
of
medical
cannabidiol
16
allowed
to
be
dispensed
to
a
patient
or
primary
caregiver
17
pursuant
to
this
chapter
as
appropriate
to
serve
the
medical
18
needs
of
patients
with
debilitating
medical
conditions,
subject
19
to
recommendation
by
the
medical
cannabidiol
board
and
approval
20
by
the
board
of
medicine
department
.
21
Sec.
20.
Section
124E.11,
subsection
2,
paragraph
i,
Code
22
2019,
is
amended
to
read
as
follows:
23
i.
Establish
and
implement
a
medical
cannabidiol
inventory
24
and
delivery
tracking
system
to
track
medical
cannabidiol
25
from
production
by
a
medical
cannabidiol
manufacturer
through
26
dispensing
at
a
medical
cannabidiol
dispensary
or
delivery
to
a
27
patient
at
the
patient’s
Iowa
residence
.
28
Sec.
21.
Section
124E.11,
subsection
2,
Code
2019,
is
29
amended
by
adding
the
following
new
paragraph:
30
NEW
PARAGRAPH
.
j.
Establish
the
circumstances
under
31
which
a
medical
cannabidiol
manufacturer
may
deliver
medical
32
cannabidiol
to
a
patient
at
the
patient’s
Iowa
residence.
33
Sec.
22.
Section
124E.12,
subsection
6,
Code
2019,
is
34
amended
to
read
as
follows:
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6.
The
department
,
the
department
of
transportation,
and
1
any
health
care
practitioner
person
licensed,
registered,
or
2
certified
by
an
entity
listed
in
section
272C.1
,
including
any
3
authorized
agent
or
employee
thereof,
are
not
subject
to
any
4
civil
or
disciplinary
penalties
by
the
board
of
medicine
or
5
any
business,
occupational,
or
professional
licensing
board
or
6
entity,
solely
for
activities
conducted
relating
to
a
patient’s
7
possession
or
use
of
medical
cannabidiol
as
authorized
under
8
this
chapter
.
Such
an
entity
shall
not
subject
a
licensed,
9
registered,
or
certified
person
to
discipline
relating
to
10
a
patient’s
possession
or
use
of
medical
cannabidiol
as
11
authorized
under
this
chapter.
Nothing
in
this
section
affects
12
a
professional
licensing
board
from
taking
action
in
response
13
to
violations
of
any
other
section
of
law.
14
Sec.
23.
Section
124E.12,
subsection
7,
Code
2019,
is
15
amended
to
read
as
follows:
16
7.
Notwithstanding
any
law
to
the
contrary,
the
department,
17
the
department
of
transportation,
the
governor,
or
any
employee
18
of
any
state
agency
shall
not
be
held
civilly
or
criminally
19
liable
for
any
injury,
loss
of
property,
personal
injury,
or
20
death
caused
by
any
act
or
omission
while
acting
within
the
21
scope
of
office
or
employment
as
authorized
under
this
chapter
.
22
Sec.
24.
TRANSITION
PROVISIONS.
A
medical
cannabidiol
23
registration
card
issued
prior
to
July
1,
2019,
remains
24
effective
and
continues
in
effect
as
issued
for
the
25
twelve-month
period
following
its
issuance.
>
26
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