Senate File 71 - IntroducedA Bill ForAn Act 1relating to the administration of medical cannabidiol
2by primary caregivers to students at public and nonpublic
3schools.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  NEW SECTION.  280.16B  Administration of medical
2cannabidiol by primary caregivers to students on school premises.
   31.  For the purposes of this section:
   4a.  “Medical cannabidiol” and “primary caregiver” mean the
5same as defined in section 124E.2.
   6b.  “School” means a public or nonpublic school as defined
7in section 280.2.
   8c.  “School premises” means any location where a student
9is in school, at school-sponsored activities, under the
10supervision of school personnel, and at before-school or
11after-school normal school activities including before-school
12or after-school care on school-operated property.
   132.  The board of directors of each public school district or
14the authorities in charge of each nonpublic school may adopt a
15policy permitting the primary caregiver of a student attending
16a school, if both the primary caregiver and the student have
17been issued valid medical cannabidiol registration cards
18pursuant to section 124E.4, to possess and administer medical
19cannabidiol to the student on school premises. Such a policy
20shall, at a minimum, meet all of the following requirements:
   21a.  The school shall obtain copies of the primary caregiver’s
22and the student’s medical cannabidiol cards from the primary
23caregiver and the student and keep such copies on file. These
24records shall be confidential and shall not be used for any
25purpose other than for verifying that the student and the
26primary caregiver are lawfully in possession of a medical
27cannabidiol card issued pursuant to chapter 124E.
   28b.  A primary caregiver who enters school premises to
29administer medical cannabidiol to a student shall sign in at a
30location designated by the school.
   31c.  A primary caregiver shall not administer medical
32cannabidiol to a student in a manner that disrupts the
33educational environment of the school or causes exposure of the
34medical cannabidiol to other students in the school, including
35by smoking or vaping.
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   1d.  After the primary caregiver has administered medical
2cannabidiol to a student, the primary caregiver shall
3immediately remove any remaining medical cannabidiol from
4school premises. Medical cannabidiol shall not be stored on
5school premises.
   63.  The board of directors of each public school district or
7the authorities in charge of each nonpublic school may rescind
8a policy adopted pursuant to subsection 2 for any reason,
9including if the school district or nonpublic school is at risk
10of losing or has lost federal funding as a result of allowing
11the administration of medical cannabidiol at the school.
   124.  A school shall notify the primary caregiver of a student,
13in writing, that the school and its employees shall not incur
14any liability, except for gross negligence, as a result of any
15injury arising from the administration of medical cannabidiol
16to a student by a primary caregiver on school premises. The
17primary caregiver shall sign a statement acknowledging that
18the school shall not incur any liability, except for gross
19negligence, as a result of the administration of medical
20cannabidiol to the student by the primary caregiver. A school
21and its employees acting reasonably and in good faith shall not
22incur any liability for any improper use of medical cannabidiol
23or for supervising, monitoring, or interfering with the
24administration of medical cannabidiol to a student by a primary
25caregiver.
   265.  This section shall not be construed to require a school
27employee to administer medical cannabidiol to a student.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
   31This bill allows the board of directors of each nonpublic
32school district or the authorities in charge of each nonpublic
33school to adopt a policy permitting a primary caregiver of a
34student attending a school to administer medical cannabidiol to
35the student on school premises. The bill defines “school” to
-2-1mean a public or nonpublic school as defined in Code section
2280.2 and “school premises” to mean any location where the
3student is in school, at school-sponsored activities, under
4the supervision of school personnel, and at before-school or
5after-school normal school activities. A school that adopts
6such a policy must obtain copies of the primary caregiver’s
7and student’s medical cannabidiol registration cards from the
8primary caregiver and the student and must keep such copies on
9file and confidential, must require the primary caregiver to
10sign in at the school, must require the medical cannabidiol to
11be administered in a nondisruptive manner, and must require the
12primary caregiver to remove any remaining medical cannabidiol
13from school premises after administration. The bill allows
14the board of directors of each public school district or the
15authorities in charge of each nonpublic school to rescind a
16medical cannabidiol policy for any reason, including that the
17school district or nonpublic school is at risk of losing or
18has already lost federal funding. The bill protects schools
19from liability arising from the administration of medical
20cannabidiol except in cases of gross negligence. The bill does
21not require school employees to administer medical cannabidiol.
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