HF 8 (LSB 1323YH (1) 91)

HOUSE FILE 8

BY  LOHSE

A BILL FOR

An Act relating to student access to broad-spectrum cannabidiol products from school nurses during the school day.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  280.16B  Broad-spectrum cannabidiol products.
   1.  For purposes of this section, unless the context otherwise requires:
   a.  “Broad-spectrum cannabidiol” means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that contains no tetrahydrocannabinol. “Broad-spectrum cannabidiol” does not include “medical cannabidiol” as defined in section 124E.2.
   b.  “Broad-spectrum cannabidiol product” means a product that contains broad-spectrum cannabidiol and contains no tetrahydrocannabinol.
   c.  “Licensed health care professional” means the same as provided in section 280.16, subsection 1.
   d.  “School nurse” means the same as provided in section 280.16A, subsection 1.
   2.  The board of directors of each school district and the authorities in charge of each accredited nonpublic school shall establish procedures for a school nurse to provide a broad-spectrum cannabidiol product to a student. The procedures must provide that a school nurse shall only provide a broad-spectrum cannabidiol product to a student if the product was provided to the school district or accredited nonpublic school by the parent or guardian of the student and if the product is provided in accordance with written instructions provided by the parent or guardian. The procedures shall provide for the broad-spectrum cannabidiol product to be stored in a secure location when not in use.
   3.  The procedures established pursuant to subsection 2 must provide for a form for a parent or guardian that shall be filled out to the satisfaction of the school district or accredited nonpublic school and signed before the broad-spectrum cannabidiol product is provided to the student. The form must include all of the following:
   a.  Instructions to the school district or accredited nonpublic school on the use of the broad-spectrum cannabidiol product, including the specific circumstances under which the product is to be provided and, if applicable, the time and frequency for providing the product and the expiration date of the product.
   b.  Authorization for the school district or accredited nonpublic school to provide the broad-spectrum cannabidiol product to the student in accordance with the instructions.
   c.  Certification that the product provided by the parent or guardian is a broad-spectrum cannabidiol product.
   d.  Contact information for the parent or guardian and for a licensed health care professional who provides medical care for the student.
   4.  The parent or guardian shall include with the form written documentation that the product provided by the parent or guardian is a broad-spectrum cannabidiol product, which shall include documentation from the manufacturer of the product specifically indicating that the product contains no tetrahydrocannabinol.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires school boards and authorities in charge of accredited nonpublic schools to establish procedures for a school nurse to provide a broad-spectrum cannabidiol product to a student. The procedures shall provide that a school nurse shall only provide a broad-spectrum cannabidiol product to a student if the product was provided to the school district or accredited nonpublic school by the parent or guardian of the student and if the product is provided in accordance with written instructions provided by the parent or guardian.
   The bill defines “broad-spectrum cannabidiol” as any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that contains no tetrahydrocannabinol (THC). The bill defines “broad-spectrum cannabidiol product” as a product that contains broad-spectrum cannabidiol and contains no THC.
   The bill requires that the procedures provide for a form for a parent or guardian that shall be filled out to the satisfaction of the school district or accredited nonpublic school and signed before the broad-spectrum cannabidiol product is provided to the student. The bill includes required content for the form, including instructions on use of the broad-spectrum cannabidiol product, authorization for such use, certification that the product provided by the parent or guardian is a broad-spectrum cannabidiol product as defined in the bill, and contact information for the parent or guardian and a licensed health care professional who provides medical care for the student.
   The bill requires a parent or guardian to include with the form written documentation that the product provided by the parent or guardian is a broad-spectrum cannabidiol product, which shall include documentation from the manufacturer of the product specifically indicating that the product contains no THC.