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
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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
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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
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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
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