House
File
2589
H-8129
Amend
House
File
2589
as
follows:
1
1.
Page
1,
before
line
29
by
inserting:
2
<
Sec.
___.
NEW
SECTION
.
124E.3A
State
medical
director
3
certification
——
rules.
4
1.
The
department
shall
establish
by
rule
by
January
1,
5
2021,
a
process
for
a
patient
who
has
been
denied
a
written
6
certification
by
a
health
care
practitioner
pursuant
to
section
7
124E.3
to
receive
a
written
certification
from
the
state
8
medical
director
of
the
department.
9
2.
The
process
established
pursuant
to
subsection
1
shall
10
include
all
of
the
following
provisions:
11
a.
The
patient
shall
submit
the
patient’s
medical
records
12
to
the
state
medical
director.
13
b.
The
state
medical
director
shall
verify
that
the
14
patient’s
health
care
practitioner
refused
to
provide
a
written
15
certification
to
the
patient
pursuant
to
section
124E.3.
16
c.
The
state
medical
director
shall
determine
whether
17
the
patient
suffers
from
a
debilitating
medical
condition
18
that
qualifies
for
the
use
of
medical
cannabidiol
under
this
19
chapter.
20
d.
The
state
medical
director
shall
determine
whether
the
21
patient
may
benefit
from
the
use
of
medical
cannabidiol.
22
e.
If
the
state
medical
director
determines
that
the
patient
23
suffers
from
a
debilitating
medical
condition,
that
the
patient
24
may
benefit
from
the
use
of
medical
cannabidiol,
and
that
the
25
patient’s
health
care
practitioner
refused
to
provide
a
written
26
certification
to
the
patient,
the
state
medical
director
shall
27
provide
a
written
certification
to
the
patient.
28
3.
The
custodian
of
a
patient’s
medical
records
shall
29
provide
the
patient’s
medical
records
to
the
state
medical
30
director
or
the
patient
for
the
purpose
of
obtaining
a
written
31
certification
pursuant
to
this
section
without
charge
to
the
32
patient
or
the
state
medical
director.
33
4.
The
state
medical
director
shall
keep
confidential
all
34
medical
records
provided
to
the
state
medical
director
pursuant
35
-1-
HF2589.3663
(1)
88
ss/rh
1/
2
#1.
to
this
section.
>
1
2.
Page
1,
before
line
34
by
inserting:
2
<
Sec.
___.
Section
124E.4,
subsection
1,
paragraph
c,
Code
3
2020,
is
amended
to
read
as
follows:
4
c.
Submits
a
written
certification
to
the
department
signed
5
by
the
patient’s
health
care
practitioner
or
the
state
medical
6
director
that
the
patient
is
suffering
from
a
debilitating
7
medical
condition.
>
8
3.
Page
2,
before
line
20
by
inserting:
9
<
Sec.
___.
Section
124E.4,
subsection
3,
paragraph
a,
Code
10
2020,
is
amended
to
read
as
follows:
11
a.
Submits
a
written
certification
to
the
department
signed
12
by
the
patient’s
health
care
practitioner
or
the
state
medical
13
director
that
the
patient
in
the
primary
caregiver’s
care
is
14
suffering
from
a
debilitating
medical
condition.
>
15
4.
Page
5,
before
line
4
by
inserting:
16
<
Sec.
___.
Section
124E.12,
subsection
1,
Code
2020,
is
17
amended
to
read
as
follows:
18
1.
A
health
care
practitioner,
including
any
authorized
19
agent
or
employee
thereof,
or
the
state
medical
director,
20
including
any
authorized
agent
or
employee
thereof,
shall
not
21
be
subject
to
prosecution
for
the
unlawful
certification,
22
possession,
or
administration
of
marijuana
under
the
laws
of
23
this
state
for
activities
arising
directly
out
of
or
directly
24
related
to
the
certification
or
use
of
medical
cannabidiol
25
in
the
treatment
of
a
patient
diagnosed
with
a
debilitating
26
medical
condition
as
authorized
by
this
chapter
.
>
27
5.
By
renumbering
as
necessary.
28
______________________________
ISENHART
of
Dubuque
-2-
HF2589.3663
(1)
88
ss/rh
2/
2
#2.
#3.
#4.
#5.