Senate
File
501
-
Introduced
SENATE
FILE
501
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
256)
A
BILL
FOR
An
Act
relating
to
the
medical
cannabidiol
Act.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
124E.2,
subsection
2,
paragraphs
b
and
i,
1
Code
2019,
are
amended
to
read
as
follows:
2
b.
Multiple
sclerosis
with
severe
and
persistent
muscle
3
spasms
.
4
i.
Untreatable
pain
Severe
or
chronic
pain
.
5
Sec.
2.
Section
124E.2,
subsection
2,
Code
2019,
is
amended
6
by
adding
the
following
new
paragraphs:
7
NEW
PARAGRAPH
.
j.
Post-traumatic
stress
disorder.
8
NEW
PARAGRAPH
.
k.
Any
other
medical
condition
for
which
9
the
patient’s
health
care
practitioner
determines
the
use
of
10
medical
cannabidiol
could
be
medically
beneficial
pursuant
to
11
rules
of
the
board
licensing
the
health
care
practitioner.
12
Sec.
3.
Section
124E.2,
subsection
5,
Code
2019,
is
amended
13
to
read
as
follows:
14
5.
“Health
care
practitioner”
means
an
individual
licensed
15
under
chapter
148
to
practice
medicine
and
surgery
or
16
osteopathic
medicine
and
surgery
,
a
physician
assistant
17
licensed
under
chapter
148C,
or
an
advanced
registered
nurse
18
practitioner
licensed
under
chapter
152
or
152E,
who
is
a
19
patient’s
primary
care
provider.
“Health
care
practitioner”
20
shall
not
include
a
physician
assistant
licensed
under
chapter
21
148C
or
an
advanced
registered
nurse
practitioner
licensed
22
pursuant
to
chapter
152
or
152E
.
23
Sec.
4.
Section
124E.2,
subsection
8,
Code
2019,
is
amended
24
by
striking
the
subsection.
25
Sec.
5.
Section
124E.3,
subsection
1,
Code
2019,
is
amended
26
by
adding
the
following
new
paragraph:
27
NEW
PARAGRAPH
.
c.
For
a
certification
issued
under
section
28
124E.2,
subsection
2,
paragraph
“k”
,
determine
whether
the
29
certification
would
comply
with
rules
of
the
board
licensing
30
the
health
care
practitioner,
and
if
so,
provide
written
31
documentation
to
that
effect
to
the
patient.
32
Sec.
6.
Section
124E.4,
subsection
1,
Code
2019,
is
amended
33
to
read
as
follows:
34
1.
a.
Issuance
to
patient.
Subject
Except
as
otherwise
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provided
in
paragraph
“b”
,
and
subject
to
subsection
1
7
,
the
department
may
approve
the
issuance
of
issue
a
2
medical
cannabidiol
registration
card
by
the
department
of
3
transportation
to
a
patient
who:
4
a.
(1)
Is
at
least
eighteen
years
of
age.
5
b.
(2)
Is
a
permanent
resident
of
this
state.
6
c.
(3)
Submits
a
written
certification
to
the
department
7
signed
by
the
patient’s
health
care
practitioner
that
the
8
patient
is
suffering
from
a
debilitating
medical
condition.
9
d.
(4)
Submits
an
application
to
the
department,
on
a
form
10
created
by
the
department,
in
consultation
with
the
department
11
of
transportation,
that
contains
all
of
the
following:
12
(1)
(a)
The
patient’s
full
name,
Iowa
residence
address,
13
date
of
birth,
and
telephone
number.
14
(2)
(b)
A
copy
of
the
patient’s
valid
photograph
15
identification.
16
(3)
(c)
Full
name,
address,
and
telephone
number
of
the
17
patient’s
health
care
practitioner.
18
(4)
(d)
Full
name,
residence
address,
date
of
birth,
and
19
telephone
number
of
each
primary
caregiver
of
the
patient,
if
20
any.
21
(5)
(e)
Any
other
information
required
by
rule.
22
e.
(5)
Submits
a
medical
cannabidiol
registration
card
23
fee
of
one
hundred
dollars
to
the
department.
If
the
patient
24
attests
to
receiving
social
security
disability
benefits,
25
supplemental
security
insurance
payments,
or
being
enrolled
in
26
the
medical
assistance
program,
the
fee
shall
be
twenty-five
27
dollars.
28
f.
Has
not
been
convicted
of
a
disqualifying
felony
offense.
29
b.
Issuance
to
hospice
patient.
Notwithstanding
the
30
requirements
of
paragraph
“a”
,
and
subject
to
subsection
7,
31
the
department
may
issue
a
medical
cannabidiol
registration
32
card
to
a
patient
who
provides
documentation
to
the
department,
33
on
a
form
prescribed
by
the
department,
that
the
patient
is
34
receiving
inpatient
hospice
care
in
this
state.
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Sec.
7.
Section
124E.4,
subsection
2,
unnumbered
paragraph
1
1,
Code
2019,
is
amended
to
read
as
follows:
2
A
medical
cannabidiol
registration
card
issued
to
a
patient
3
by
the
department
of
transportation
pursuant
to
subsection
1
4
shall
contain,
at
a
minimum,
all
of
the
following:
5
Sec.
8.
Section
124E.4,
subsection
3,
unnumbered
paragraph
6
1,
Code
2019,
is
amended
to
read
as
follows:
7
For
a
patient
in
a
primary
caregiver’s
care,
subject
to
8
subsection
7
,
the
department
may
approve
the
issuance
of
issue
9
a
medical
cannabidiol
registration
card
by
the
department
of
10
transportation
to
the
primary
caregiver
who:
11
Sec.
9.
Section
124E.4,
subsection
3,
paragraph
b,
12
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
13
follows:
14
Submits
an
application
to
the
department,
on
a
form
created
15
by
the
department,
in
consultation
with
the
department
of
16
transportation,
that
contains
all
of
the
following:
17
Sec.
10.
Section
124E.4,
subsection
4,
unnumbered
paragraph
18
1,
Code
2019,
is
amended
to
read
as
follows:
19
A
medical
cannabidiol
registration
card
issued
by
the
20
department
of
transportation
to
a
primary
caregiver
pursuant
to
21
subsection
3
shall
contain,
at
a
minimum,
all
of
the
following:
22
Sec.
11.
Section
124E.4,
subsection
6,
Code
2019,
is
amended
23
by
striking
the
subsection.
24
Sec.
12.
Section
124E.5,
subsection
1,
paragraph
a,
Code
25
2019,
is
amended
to
read
as
follows:
26
a.
A
medical
cannabidiol
board
is
created
consisting
of
27
eight
practitioners
representing
the
fields
of
neurology,
pain
28
management,
gastroenterology,
oncology,
psychiatry,
pediatrics,
29
family
medicine,
and
pharmacy,
and
one
representative
from
law
30
enforcement
,
and
two
patients
with
valid
medical
cannabidiol
31
registration
cards
.
32
Sec.
13.
Section
124E.5,
subsection
2,
Code
2019,
is
amended
33
to
read
as
follows:
34
2.
The
medical
cannabidiol
board
shall
convene
at
least
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twice
but
no
more
than
four
eight
times
per
year.
1
Sec.
14.
Section
124E.7,
Code
2019,
is
amended
by
adding
the
2
following
new
subsections:
3
NEW
SUBSECTION
.
13.
A
medical
cannabidiol
manufacturer
4
may
deliver
medical
cannabidiol
to
a
patient
at
the
patient’s
5
residence
pursuant
to
rules
of
the
department.
6
NEW
SUBSECTION
.
14.
A
medical
cannabidiol
manufacturer
7
shall
neutralize
plant
material
waste
through
the
application
8
of
a
chemical
such
as
bleach
prior
to
transporting
such
plant
9
material
waste
to
an
approved
solid
waste
disposal
facility.
10
Sec.
15.
Section
124E.11,
subsection
1,
paragraph
b,
11
subparagraph
(1),
subparagraph
division
(a),
Code
2019,
is
12
amended
to
read
as
follows:
13
(a)
To
authorized
employees
or
agents
of
the
department
and
14
the
department
of
transportation
as
necessary
to
perform
the
15
duties
of
the
department
and
the
department
of
transportation
16
pursuant
to
this
chapter
.
17
Sec.
16.
Section
124E.11,
subsection
2,
paragraph
i,
Code
18
2019,
is
amended
to
read
as
follows:
19
i.
Establish
and
implement
a
medical
cannabidiol
inventory
20
and
delivery
tracking
system
to
track
medical
cannabidiol
21
from
production
by
a
medical
cannabidiol
manufacturer
through
22
dispensing
at
a
medical
cannabidiol
dispensary
or
delivery
to
a
23
patient
at
the
patient’s
Iowa
residence
.
24
Sec.
17.
Section
124E.11,
subsection
2,
Code
2019,
is
25
amended
by
adding
the
following
new
paragraph:
26
NEW
PARAGRAPH
.
j.
Establish
the
circumstances
under
27
which
a
medical
cannabidiol
manufacturer
may
deliver
medical
28
cannabidiol
to
a
patient
at
the
patient’s
Iowa
residence.
29
Sec.
18.
Section
124E.12,
subsection
6,
Code
2019,
is
30
amended
to
read
as
follows:
31
6.
The
department
,
the
department
of
transportation,
and
32
any
health
care
practitioner
person
licensed,
registered,
or
33
certified
by
an
entity
listed
in
section
272C.1
,
including
any
34
authorized
agent
or
employee
thereof,
are
not
subject
to
any
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civil
or
disciplinary
penalties
by
the
board
of
medicine
or
1
any
business,
occupational,
or
professional
licensing
board
or
2
entity,
solely
for
activities
conducted
relating
to
a
patient’s
3
possession
or
use
of
medical
cannabidiol
as
authorized
under
4
this
chapter
.
Such
an
entity
shall
not
subject
a
licensed,
5
registered,
or
certified
person
to
discipline
relating
to
6
a
patient’s
possession
or
use
of
medical
cannabidiol
as
7
authorized
under
this
chapter.
Nothing
in
this
section
affects
8
a
professional
licensing
board
from
taking
action
in
response
9
to
violations
of
any
other
section
of
law.
10
Sec.
19.
Section
124E.12,
subsection
7,
Code
2019,
is
11
amended
to
read
as
follows:
12
7.
Notwithstanding
any
law
to
the
contrary,
the
department,
13
the
department
of
transportation,
the
governor,
or
any
employee
14
of
any
state
agency
shall
not
be
held
civilly
or
criminally
15
liable
for
any
injury,
loss
of
property,
personal
injury,
or
16
death
caused
by
any
act
or
omission
while
acting
within
the
17
scope
of
office
or
employment
as
authorized
under
this
chapter
.
18
Sec.
20.
NEW
SECTION
.
124E.20
Federal
regulations
not
19
applicable.
20
Notwithstanding
any
federal
regulation
to
the
contrary,
the
21
use
of
medical
cannabidiol
pursuant
to
this
chapter
is
not
22
subject
to
federal
regulation.
23
Sec.
21.
Section
423.3,
Code
2019,
is
amended
by
adding
the
24
following
new
subsection:
25
NEW
SUBSECTION
.
107.
The
sales
price
of
any
medical
26
cannabidiol
product
sold
by
a
medical
cannabidiol
manufacturer
27
or
a
medical
cannabidiol
dispensary
pursuant
to
chapter
124E.
28
Sec.
22.
TRANSITION
PROVISIONS.
A
medical
cannabidiol
29
registration
card
issued
prior
to
July
1,
2019,
remains
30
effective
and
continues
in
effect
as
issued
for
the
31
twelve-month
period
following
its
issuance.
32
EXPLANATION
33
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
34
the
explanation’s
substance
by
the
members
of
the
general
assembly.
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This
bill
relates
to
the
medical
cannabidiol
Act.
1
The
bill
amends
the
definition
of
debilitating
medical
2
condition
by
removing
the
requirement
that
multiple
sclerosis
3
be
accompanied
by
severe
and
persistent
muscle
spasms,
4
replacing
untreatable
pain
with
severe
or
chronic
pain,
5
and
adding
post-traumatic
stress
disorder
to
the
list
of
6
conditions
which
allow
a
patient
to
be
certified
by
a
health
7
care
practitioner
to
receive
a
medical
cannabidiol
registration
8
card.
The
bill
also
allows
a
health
care
practitioner
to
9
certify
a
patient
to
receive
a
medical
cannabidiol
registration
10
card
for
any
other
medical
condition
for
which
the
health
care
11
practitioner
determines
the
use
of
medical
cannabidiol
would
be
12
medically
beneficial,
pursuant
to
rules
of
the
board
licensing
13
the
health
care
practitioner,
and
provide
written
documentation
14
to
that
effect
to
the
patient.
15
The
bill
amends
the
definition
of
a
health
care
practitioner
16
to
allow
a
licensed
physician
assistant
and
a
licensed
advanced
17
registered
nurse
practitioner
to
certify
a
patient
to
receive
a
18
medical
cannabidiol
registration
card.
19
The
bill
allows
the
department
of
public
health
to
issue
a
20
medical
cannabidiol
registration
card
to
a
patient
receiving
21
inpatient
hospice
care
in
Iowa
without
complying
with
any
other
22
requirement
to
receive
a
medical
cannabidiol
registration
card
23
after
producing
proof
that
the
patient
is
receiving
hospice
24
care.
The
bill
also
removes
the
restriction
on
certain
felons
25
receiving
medical
cannabidiol
patient
registration
cards.
26
The
bill
amends
the
membership
of
the
medical
cannabidiol
27
board
by
adding
two
members
who
are
patients
with
valid
medical
28
cannabidiol
registration
cards.
The
bill
also
allows
the
board
29
to
meet
up
to
eight
times
per
year.
30
The
bill
allows
medical
cannabidiol
manufacturers
to
make
31
deliveries
to
patients
pursuant
to
rules
of
the
board.
The
32
bill
requires
medical
cannabidiol
manufacturers
to
neutralize
33
plant
waste
with
a
chemical
such
as
bleach
before
transporting
34
such
waste
to
a
solid
waste
disposal
site.
Currently,
such
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material
must
be
composted
prior
to
transportation
pursuant
to
1
rules
of
the
department.
2
The
bill
prohibits
any
licensing
board
from
disciplining
a
3
person
licensed,
certified,
or
registered
by
that
licensing
4
board
for
conducting
activities
related
to
a
patient’s
5
certification
to
purchase
and
consume
medical
cannabidiol
or
6
for
purchasing
and
consuming
medical
cannabidiol.
7
The
bill
exempts
sales
of
medical
cannabidiol
products
by
8
a
medical
cannabidiol
manufacturer
or
a
medical
cannabidiol
9
dispensary
pursuant
to
Code
chapter
124E
from
sales
tax.
10
The
bill
removes
the
department
of
transportation
from
the
11
process
of
issuing
medical
cannabidiol
registration
cards.
12
The
bill
provides
that
any
medical
cannabidiol
registration
13
card
issued
by
the
department
of
transportation
prior
to
July
14
1,
2019,
remains
in
effect
and
continues
in
effect
for
the
15
12-month
period
following
its
issuance.
The
bill
requires
16
the
department
of
public
health
to
issue
medical
cannabidiol
17
registration
cards.
18
The
bill
provides
that
notwithstanding
any
contrary
federal
19
regulation,
the
use
of
medical
cannabidiol
pursuant
to
Code
20
chapter
124E
is
not
subject
to
federal
regulation.
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