Senate File 71 - Introduced SENATE FILE 71 BY PETERSEN , DOTZLER , R. TAYLOR , CELSI , QUIRMBACH , BOLKCOM , and T. TAYLOR A BILL FOR An Act relating to the administration of medical cannabidiol 1 by primary caregivers to students at public and nonpublic 2 schools. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1048XS (4) 88 ss/rh

S.F. 71 Section 1. NEW SECTION . 280.16B Administration of medical 1 cannabidiol by primary caregivers to students on school premises. 2 1. For the purposes of this section: 3 a. “Medical cannabidiol” and “primary caregiver” mean the 4 same as defined in section 124E.2. 5 b. “School” means a public or nonpublic school as defined 6 in section 280.2. 7 c. “School premises” means any location where a student 8 is in school, at school-sponsored activities, under the 9 supervision of school personnel, and at before-school or 10 after-school normal school activities including before-school 11 or after-school care on school-operated property. 12 2. The board of directors of each public school district or 13 the authorities in charge of each nonpublic school may adopt a 14 policy permitting the primary caregiver of a student attending 15 a school, if both the primary caregiver and the student have 16 been issued valid medical cannabidiol registration cards 17 pursuant to section 124E.4, to possess and administer medical 18 cannabidiol to the student on school premises. Such a policy 19 shall, at a minimum, meet all of the following requirements: 20 a. The school shall obtain copies of the primary caregiver’s 21 and the student’s medical cannabidiol cards from the primary 22 caregiver and the student and keep such copies on file. These 23 records shall be confidential and shall not be used for any 24 purpose other than for verifying that the student and the 25 primary caregiver are lawfully in possession of a medical 26 cannabidiol card issued pursuant to chapter 124E. 27 b. A primary caregiver who enters school premises to 28 administer medical cannabidiol to a student shall sign in at a 29 location designated by the school. 30 c. A primary caregiver shall not administer medical 31 cannabidiol to a student in a manner that disrupts the 32 educational environment of the school or causes exposure of the 33 medical cannabidiol to other students in the school, including 34 by smoking or vaping. 35 -1- LSB 1048XS (4) 88 ss/rh 1/ 3

S.F. 71 d. After the primary caregiver has administered medical 1 cannabidiol to a student, the primary caregiver shall 2 immediately remove any remaining medical cannabidiol from 3 school premises. Medical cannabidiol shall not be stored on 4 school premises. 5 3. The board of directors of each public school district or 6 the authorities in charge of each nonpublic school may rescind 7 a policy adopted pursuant to subsection 2 for any reason, 8 including if the school district or nonpublic school is at risk 9 of losing or has lost federal funding as a result of allowing 10 the administration of medical cannabidiol at the school. 11 4. A school shall notify the primary caregiver of a student, 12 in writing, that the school and its employees shall not incur 13 any liability, except for gross negligence, as a result of any 14 injury arising from the administration of medical cannabidiol 15 to a student by a primary caregiver on school premises. The 16 primary caregiver shall sign a statement acknowledging that 17 the school shall not incur any liability, except for gross 18 negligence, as a result of the administration of medical 19 cannabidiol to the student by the primary caregiver. A school 20 and its employees acting reasonably and in good faith shall not 21 incur any liability for any improper use of medical cannabidiol 22 or for supervising, monitoring, or interfering with the 23 administration of medical cannabidiol to a student by a primary 24 caregiver. 25 5. This section shall not be construed to require a school 26 employee to administer medical cannabidiol to a student. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill allows the board of directors of each nonpublic 31 school district or the authorities in charge of each nonpublic 32 school to adopt a policy permitting a primary caregiver of a 33 student attending a school to administer medical cannabidiol to 34 the student on school premises. The bill defines “school” to 35 -2- LSB 1048XS (4) 88 ss/rh 2/ 3

S.F. 71 mean a public or nonpublic school as defined in Code section 1 280.2 and “school premises” to mean any location where the 2 student is in school, at school-sponsored activities, under 3 the supervision of school personnel, and at before-school or 4 after-school normal school activities. A school that adopts 5 such a policy must obtain copies of the primary caregiver’s 6 and student’s medical cannabidiol registration cards from the 7 primary caregiver and the student and must keep such copies on 8 file and confidential, must require the primary caregiver to 9 sign in at the school, must require the medical cannabidiol to 10 be administered in a nondisruptive manner, and must require the 11 primary caregiver to remove any remaining medical cannabidiol 12 from school premises after administration. The bill allows 13 the board of directors of each public school district or the 14 authorities in charge of each nonpublic school to rescind a 15 medical cannabidiol policy for any reason, including that the 16 school district or nonpublic school is at risk of losing or 17 has already lost federal funding. The bill protects schools 18 from liability arising from the administration of medical 19 cannabidiol except in cases of gross negligence. The bill does 20 not require school employees to administer medical cannabidiol. 21 -3- LSB 1048XS (4) 88 ss/rh 3/ 3