House
File
480
-
Introduced
HOUSE
FILE
480
BY
SHIPLEY
A
BILL
FOR
An
Act
relating
to
the
decriminalization
of
certain
schedule
I
1
controlled
substances
for
the
purposes
of
use
by
a
patient
2
diagnosed
with
a
terminal
illness
or
a
life-threatening
3
disease
or
condition.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
124.204,
subsection
4,
paragraphs
j,
l,
1
p,
s,
t,
and
z,
Code
2021,
are
amended
to
read
as
follows:
2
j.
Dimethyltryptamine
,
except
as
otherwise
provided
in
3
subsection
8A
.
Some
trade
or
other
names:
DMT.
4
l.
Lysergic
acid
diethylamide
,
except
as
otherwise
provided
5
in
subsection
8A
.
6
p.
Peyote,
except
as
otherwise
provided
in
subsection
8
7
or
subsection
8A
.
Meaning
all
parts
of
the
plant
presently
8
classified
botanically
as
Lophophora
williamsii
Lemaire,
9
whether
growing
or
not,
the
seeds
thereof,
any
extract
from
10
any
part
of
such
plant,
and
every
compound,
manufacture,
salt,
11
derivative,
mixture,
or
preparation
of
such
plant,
its
seeds
12
or
extracts.
13
s.
Psilocybin
,
except
as
otherwise
provided
in
subsection
14
8A
.
15
t.
Psilocyn
,
except
as
otherwise
provided
in
subsection
8A
.
16
z.
3,4-methylenedioxymethamphetamine
(MDMA)
,
except
as
17
otherwise
provided
in
subsection
8A
.
18
Sec.
2.
Section
124.204,
Code
2021,
is
amended
by
adding
the
19
following
new
subsection:
20
NEW
SUBSECTION
.
8A.
Dimethyltryptamine,
lysergic
acid
21
diethylamide,
peyote,
psilocybin,
psilocyn,
and
MDMA.
22
a.
Nothing
in
this
chapter
shall
apply
to
23
dimethyltryptamine,
lysergic
acid
diethylamide,
peyote,
24
psilocybin,
psilocyn,
or
MDMA
when
prescribed,
possessed,
25
handled,
transported,
delivered,
or
distributed
by
a
health
26
care
provider
or
when
possessed,
handled,
transported,
or
used
27
by
an
eligible
patient,
in
accordance
with
this
subsection.
28
b.
For
the
purposes
of
this
subsection:
29
(1)
“Eligible
patient”
means
an
individual
who
meets
all
of
30
the
following
conditions:
31
(a)
Has
a
terminal
illness
or
a
life-threatening
disease
or
32
condition
attested
to
by
the
individual’s
treating
health
care
33
provider.
34
(b)
Has
considered
and
rejected
or
has
tried
and
failed
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to
respond
to
other
treatment
options
approved
by
the
United
1
States
food
and
drug
administration.
2
(c)
Has
received
a
recommendation
from
the
individual’s
3
treating
health
care
provider
for
use
of
the
controlled
4
substance.
5
(d)
Has
documentation
from
the
individual’s
treating
health
6
care
provider
that
the
individual
meets
the
requirements
of
7
this
subparagraph
(1).
8
(e)
Has
given
written
informed
consent
for
the
use
of
the
9
controlled
substance.
10
(2)
“Health
care
provider”
means
a
person
required
to
be
11
licensed,
accredited,
registered,
or
certified
pursuant
to
12
chapter
147
to
perform
specified
health
services
that
include
13
determining
whether
a
patient
has
a
life-threatening
disease
or
14
condition
or
a
terminal
illness.
15
(3)
“Life-threatening
disease
or
condition”
means
any
of
the
16
following:
17
(a)
A
disease
or
condition
where
the
likelihood
of
death
is
18
high
unless
the
course
of
the
disease
is
interrupted.
19
(b)
A
disease
or
condition
with
a
potentially
fatal
outcome,
20
where
the
end
point
of
a
clinical
trial
analysis
is
survival.
21
(4)
“Terminal
illness”
means
a
progressive
disease
or
22
medical
or
surgical
condition
that
entails
significant
23
functional
impairment,
that
is
not
considered
by
a
treating
24
health
care
provider
to
be
reversible
even
with
administration
25
of
treatments
approved
by
the
United
States
food
and
drug
26
administration,
and
that,
without
life-sustaining
procedures,
27
will
result
in
death.
28
(5)
“Written
informed
consent”
means
a
written
document
that
29
is
signed
by
the
patient,
a
parent
of
a
minor
patient,
or
a
30
legal
guardian
or
other
legal
representative
of
the
patient
and
31
attested
to
by
the
patient’s
treating
health
care
provider
and
32
a
witness
and
that
includes
all
of
the
following:
33
(a)
An
explanation
of
the
products
and
treatments
approved
34
by
the
United
States
food
and
drug
administration
for
the
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disease
or
condition
from
which
the
patient
suffers.
1
(b)
An
attestation
that
the
patient
concurs
with
the
2
patient’s
treating
health
care
provider
in
believing
that
the
3
products
and
treatments
approved
by
the
United
States
food
and
4
drug
administration
are
unlikely
to
prolong
the
patient’s
life.
5
(c)
Clear
identification
of
the
specific
proposed
6
controlled
substance
the
patient
is
seeking
to
use.
7
(d)
A
description
of
the
best
and
worst
potential
outcomes
8
of
using
the
controlled
substance
and
a
realistic
description
9
of
the
most
likely
outcome.
The
description
shall
include
10
the
possibility
that
new,
unanticipated,
different,
or
worse
11
symptoms
might
result
and
that
death
could
be
hastened
by
use
12
of
the
controlled
substance.
The
description
shall
be
based
on
13
the
treating
health
care
provider’s
knowledge
of
the
controlled
14
substance
in
conjunction
with
an
awareness
of
the
patient’s
15
condition.
16
EXPLANATION
17
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
18
the
explanation’s
substance
by
the
members
of
the
general
assembly.
19
This
bill
relates
to
the
decriminalization
of
certain
20
schedule
I
controlled
substances
for
the
purposes
of
use
by
a
21
patient
diagnosed
with
a
terminal
illness
or
a
life-threatening
22
disease
or
condition.
23
Under
the
bill,
the
provisions
of
Code
chapter
124
24
(controlled
substances)
including
prohibited
acts
and
25
penalties,
do
not
apply
to
dimethyltryptamine
(DMT);
lysergic
26
acid
diethylamide
(LSD);
peyote;
psilocybin;
psilocyn;
or
MDMA
27
when
prescribed,
possessed,
handled,
transported,
delivered,
28
or
distributed
by
a
health
care
provider
or
when
possessed,
29
handled,
transported,
or
used
by
an
eligible
patient,
in
30
accordance
with
the
bill.
Under
the
bill,
an
individual
is
31
an
eligible
patient
if
the
individual
has
a
terminal
illness
32
or
a
life-threatening
disease
or
condition
attested
to
by
the
33
individual’s
treating
health
care
provider;
has
considered
34
and
rejected
or
has
tried
and
failed
to
respond
to
other
35
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treatment
options
approved
by
the
United
States
food
and
1
drug
administration;
has
received
a
recommendation
from
the
2
individual’s
treating
health
care
provider
for
use
of
the
3
controlled
substance;
has
documentation
from
the
individual’s
4
treating
health
care
provider
that
the
individual
meets
these
5
requirements;
and
has
given
written
informed
consent
for
the
6
use
of
the
controlled
substance.
7
The
bill
provides
definitions
for
“eligible
patient”,
8
“health
care
provider”,
“life-threatening
disease
or
9
condition”,
“terminal
illness”,
and
“written
informed
consent”.
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