House File 2589 H-8101 Amend House File 2589 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. Section 124E.2, subsection 2, paragraph i, Code 4 2020, is amended to read as follows: 5 i. Untreatable Chronic pain. 6 Sec. 2. Section 124E.2, subsections 5 and 6, Code 2020, are 7 amended to read as follows: 8 5. “Health care practitioner” means an individual licensed 9 under chapter 148 to practice medicine and surgery or 10 osteopathic medicine and surgery , a physician assistant 11 licensed under chapter 148C, a podiatrist licensed pursuant to 12 chapter 149, an advanced registered nurse practitioner licensed 13 under chapter 152, or an advanced practice registered nurse 14 under chapter 152E, who is a patient’s primary care provider. 15 “Health care practitioner” shall not include a physician 16 assistant licensed under chapter 148C or an advanced registered 17 nurse practitioner licensed pursuant to chapter 152 or 152E . 18 6. “Medical cannabidiol” means any pharmaceutical 19 grade cannabinoid found in the plant Cannabis sativa L. or 20 Cannabis indica or any other preparation thereof that has 21 a tetrahydrocannabinol level of no more than three percent 22 and that is delivered in a form recommended by the medical 23 cannabidiol board, approved by the board of medicine, and 24 adopted by the department pursuant to rule. 25 Sec. 3. Section 124E.2, Code 2020, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 7A. “Total tetrahydrocannabinol” means 28 eighty-seven and seven-tenths percent of the amount of 29 tetrahydrocannabinol plus the amount of tetrahydrocannabinolic 30 acid. 31 Sec. 4. Section 124E.4, subsection 1, unnumbered paragraph 32 1, Code 2020, is amended to read as follows: 33 Subject to subsection 7 , the department may approve the 34 issuance of issue a medical cannabidiol registration card by 35 -1- HF2589.3586 (3) 88 ss/rh 1/ 6 #1.

the department of transportation to a patient who: 1 Sec. 5. Section 124E.4, subsection 1, paragraph d, 2 unnumbered paragraph 1, Code 2020, is amended to read as 3 follows: 4 Submits an application to the department, on a form created 5 by the department, in consultation with the department of 6 transportation, that contains all of the following: 7 Sec. 6. Section 124E.4, subsection 1, paragraph f, Code 8 2020, is amended by striking the paragraph. 9 Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph 10 1, Code 2020, is amended to read as follows: 11 A medical cannabidiol registration card issued to a patient 12 by the department of transportation pursuant to subsection 1 13 shall contain, at a minimum, all of the following: 14 Sec. 8. Section 124E.4, subsection 2, paragraph b, Code 15 2020, is amended by striking the paragraph. 16 Sec. 9. Section 124E.4, subsection 3, unnumbered paragraph 17 1, Code 2020, is amended to read as follows: 18 For a patient in a primary caregiver’s care, subject to 19 subsection 7 , the department may approve the issuance of issue 20 a medical cannabidiol registration card by the department of 21 transportation to the primary caregiver who: 22 Sec. 10. Section 124E.4, subsection 3, paragraph b, 23 unnumbered paragraph 1, Code 2020, is amended to read as 24 follows: 25 Submits an application to the department, on a form created 26 by the department, in consultation with the department of 27 transportation, that contains all of the following: 28 Sec. 11. Section 124E.4, subsection 3, paragraph c, Code 29 2020, is amended by striking the paragraph. 30 Sec. 12. Section 124E.4, subsection 4, unnumbered paragraph 31 1, Code 2020, is amended to read as follows: 32 A medical cannabidiol registration card issued by the 33 department of transportation to a primary caregiver pursuant to 34 subsection 3 shall contain, at a minimum, all of the following: 35 -2- HF2589.3586 (3) 88 ss/rh 2/ 6

Sec. 13. Section 124E.4, subsection 4, paragraph b, Code 1 2020, is amended by striking the paragraph. 2 Sec. 14. Section 124E.4, subsection 6, Code 2020, is amended 3 by striking the subsection. 4 Sec. 15. Section 124E.5, subsection 2, Code 2020, is amended 5 to read as follows: 6 2. The medical cannabidiol board shall convene at least 7 twice but no more than four times per year. 8 Sec. 16. Section 124E.5, subsection 6, Code 2020, is amended 9 to read as follows: 10 6. The medical cannabidiol board may recommend a statutory 11 revision to the definition of medical cannabidiol contained in 12 this chapter that increases the tetrahydrocannabinol level to 13 more than three percent, however, any such recommendation shall 14 be submitted to the general assembly during the regular session 15 of the general assembly following such submission. The general 16 assembly shall have the sole authority to revise the definition 17 of medical cannabidiol for purposes of this chapter . 18 Sec. 17. Section 124E.9, Code 2020, is amended by adding the 19 following new subsections: 20 NEW SUBSECTION . 13. A medical cannabidiol dispensary 21 shall employ a pharmacist or pharmacy technician licensed or 22 registered pursuant to chapter 155A for the purpose of making 23 dosing recommendations. 24 NEW SUBSECTION . 14. A medical cannabidiol dispensary shall 25 not dispense more than a combined total of twenty-five grams 26 of total tetrahydrocannabinol to a patient and the patient’s 27 primary caregiver in a ninety-day period, except as provided in 28 subsection 15. The department may decrease this limit by rule 29 as provided in section 124E.11, subsection 2, paragraph “c” . 30 NEW SUBSECTION . 15. A medical cannabidiol dispensary 31 may dispense more than a combined total of twenty-five grams 32 of total tetrahydrocannabinol to a patient and the patient’s 33 primary caregiver in a ninety-day period if any of the 34 following apply: 35 -3- HF2589.3586 (3) 88 ss/rh 3/ 6

a. The health care practitioner who certified the patient to 1 receive a medical cannabidiol registration card certifies that 2 patient’s debilitating medical condition is a terminal illness 3 with a life expectancy of less than one year. A certification 4 issued pursuant to this paragraph shall include a total 5 tetrahydrocannabinol cap deemed appropriate by the patient’s 6 health care practitioner. 7 b. The health care practitioner who certified the patient to 8 receive a medical cannabidiol registration card certifies that 9 the patient has participated in the medical cannabidiol program 10 and that the health care practitioner has determined that 11 twenty-five grams of total tetrahydrocannabinol in a ninety-day 12 period is insufficient to treat the patient’s debilitating 13 medical condition. A certification issued pursuant to this 14 paragraph shall include a total tetrahydrocannabinol cap deemed 15 appropriate by the patient’s health care practitioner. 16 Sec. 18. Section 124E.11, subsection 1, paragraph b, 17 subparagraph (1), subparagraph division (a), Code 2020, is 18 amended to read as follows: 19 (a) To authorized employees or agents of the department and 20 the department of transportation as necessary to perform the 21 duties of the department and the department of transportation 22 pursuant to this chapter . 23 Sec. 19. Section 124E.11, subsection 1, paragraph b, 24 subparagraph (1), subparagraph division (c), Code 2020, is 25 amended to read as follows: 26 (c) To authorized employees of a medical cannabidiol 27 dispensary, but only for the purpose purposes of verifying that 28 a person is lawfully in possession of a medical cannabidiol 29 registration card issued pursuant to this chapter and that a 30 person has not purchased total tetrahydrocannabinol in excess 31 of the amount authorized by this chapter . 32 Sec. 20. Section 124E.11, subsection 1, paragraph b, 33 subparagraph (1), Code 2020, is amended by adding the following 34 new subparagraph division: 35 -4- HF2589.3586 (3) 88 ss/rh 4/ 6

NEW SUBPARAGRAPH DIVISION . (e) To a health care 1 practitioner for the purpose of determining whether a patient 2 seeking a written certification pursuant to section 124E.3 has 3 already received a written certification from another health 4 care practitioner. 5 Sec. 21. Section 124E.12, subsection 7, Code 2020, is 6 amended to read as follows: 7 7. Notwithstanding any law to the contrary, the department, 8 the department of transportation, the governor, or any employee 9 of any state agency shall not be held civilly or criminally 10 liable for any injury, loss of property, personal injury, or 11 death caused by any act or omission while acting within the 12 scope of office or employment as authorized under this chapter . 13 Sec. 22. NEW SECTION . 124E.20 Observational effectiveness 14 study. 15 The department may conduct an observational effectiveness 16 study in cooperation with patients and health care 17 practitioners and pursuant to rules of the department in order 18 to study the effectiveness of medical cannabidiol in the 19 treatment of debilitating medical conditions. 20 Sec. 23. PROTECTION OF FEDERAL FUNDING. The department 21 of public health shall request guarantees from the agencies 22 of the federal government providing funding to educational 23 and long-term care facilities that facilities with policies 24 allowing patients to possess medical cannabidiol on the grounds 25 of the facilities consistent with chapter 124E or allowing 26 facility staff to administer medical cannabidiol to a patient 27 shall not lose eligibility for any federal funding due to such 28 policies. 29 Sec. 24. TRANSITION PROVISIONS. A medical cannabidiol 30 registration card issued prior to July 1, 2020, remains 31 effective and continues in effect as issued for the 32 twelve-month period following its issuance. > 33 -5- HF2589.3586 (3) 88 ss/rh 5/ 6