SF 501 (LSB 1898SV (2) 88)

SENATE FILE 501

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SF 256)

A BILL FOR

An Act relating to the medical cannabidiol Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

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