House File 2086 - Introduced HOUSE FILE 2086 BY ISENHART A BILL FOR An Act requiring the state medical director to provide a 1 written certification to certain patients applying for a 2 medical cannabidiol registration card. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5269YH (2) 88 ss/rh

H.F. 2086 Section 1. NEW SECTION . 124E.3A State medical director 1 certification —— rules. 2 1. The department shall establish by rule by January 1, 3 2021, a process for a patient who has been denied a written 4 certification by a health care practitioner pursuant to section 5 124E.3 to receive a written certification from the state 6 medical director of the department. 7 2. The process established pursuant to subsection 1 shall 8 include all of the following provisions: 9 a. The patient shall submit the patient’s medical records 10 to the state medical director. 11 b. The state medical director shall verify that the 12 patient’s health care practitioner refused to provide a written 13 certification to the patient pursuant to section 124E.3. 14 c. The state medical director shall determine whether 15 the patient suffers from a debilitating medical condition 16 that qualifies for the use of medical cannabidiol under this 17 chapter. 18 d. The state medical director shall determine whether the 19 patient may benefit from the use of medical cannabidiol. 20 e. If the state medical director determines that the patient 21 suffers from a debilitating medical condition, that the patient 22 may benefit from the use of medical cannabidiol, and that the 23 patient’s health care practitioner refused to provide a written 24 certification to the patient, the state medical director shall 25 provide a written certification to the patient. 26 3. The custodian of a patient’s medical records shall 27 provide the patient’s medical records to the state medical 28 director or the patient for the purpose of obtaining a written 29 certification pursuant to this section without charge to the 30 patient or the state medical director. 31 4. The state medical director shall keep confidential all 32 medical records provided to the state medical director pursuant 33 to this section. 34 Sec. 2. Section 124E.4, subsection 1, paragraph c, Code 35 -1- LSB 5269YH (2) 88 ss/rh 1/ 3

H.F. 2086 2020, is amended to read as follows: 1 c. Submits a written certification to the department signed 2 by the patient’s health care practitioner or the state medical 3 director that the patient is suffering from a debilitating 4 medical condition. 5 Sec. 3. Section 124E.4, subsection 3, paragraph a, Code 6 2020, is amended to read as follows: 7 a. Submits a written certification to the department signed 8 by the patient’s health care practitioner or the state medical 9 director that the patient in the primary caregiver’s care is 10 suffering from a debilitating medical condition. 11 Sec. 4. Section 124E.12, subsection 1, Code 2020, is amended 12 to read as follows: 13 1. A health care practitioner, including any authorized 14 agent or employee thereof, or the state medical director, 15 including any authorized agent or employee thereof, shall not 16 be subject to prosecution for the unlawful certification, 17 possession, or administration of marijuana under the laws of 18 this state for activities arising directly out of or directly 19 related to the certification or use of medical cannabidiol 20 in the treatment of a patient diagnosed with a debilitating 21 medical condition as authorized by this chapter . 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to written certifications of a 26 debilitating medical condition necessary to participate in 27 the Iowa medical cannabidiol program. The bill requires the 28 Iowa department of public health to adopt rules by January 29 1, 2021, to establish a process for a patient who has been 30 denied a written certification of a debilitating medical 31 condition by a health care practitioner to receive a written 32 certification from the state medical director. The rules shall 33 require the patient to submit the patient’s medical records to 34 the state medical director and the state medical director to 35 -2- LSB 5269YH (2) 88 ss/rh 2/ 3

H.F. 2086 issue a written certification if the state medical director 1 determines that the patient suffers from a debilitating medical 2 condition, may benefit from the use of medical cannabidiol, 3 and has been denied a written certification by a health care 4 practitioner. The bill requires that the custodian of a 5 patient’s medical records provide the patient’s medical records 6 to the state medical director or the patient for this purpose 7 free of charge. The bill requires the state medical director 8 to keep confidential medical records provided to the state 9 medical director for this purpose. The bill grants the state 10 medical director immunity from prosecution for the unlawful 11 certification, possession, or administration of marijuana for 12 activities relating to the certification or treatment of a 13 patient diagnosed with a debilitating medical condition. 14 The bill makes conforming changes to the process for 15 applying for a medical cannabidiol registration card. 16 -3- LSB 5269YH (2) 88 ss/rh 3/ 3