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 -1- HF732.1182 (1) 88 ss/rh 1/ 6 #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 35 -2- HF732.1182 (1) 88 ss/rh 2/ 6
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 35 -3- HF732.1182 (1) 88 ss/rh 3/ 6
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 35 -4- HF732.1182 (1) 88 ss/rh 4/ 6
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: 35 -5- HF732.1182 (1) 88 ss/rh 5/ 6
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 ______________________________ SHIPLEY of Jefferson -6- HF732.1182 (1) 88 ss/rh 6/ 6