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Senate File 77 - IntroducedA Bill ForAn Act 1relating to the regulation of medical cannabidiol, by
2altering the list of debilitating medical conditions and
3changing the definition of medical cannabidiol under the
4medical cannabidiol Act.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124E.2, subsections 2 and 6, Code 2019,
2are amended to read as follows:
32. “Debilitating medical condition” means any of the
4following:
5a. Cancer, if the underlying condition or treatment produces
6one or more of the following:
7(1) Severe or chronic pain.
8(2) Nausea or severe vomiting.
9(3) Cachexia or severe wasting.
10b. Multiple sclerosis with severe and persistent muscle
11spasms.
12c. Seizures, including those characteristic of epilepsy.
13d. AIDS or HIV as defined in section 141A.1.
14e. Crohn’s disease.
15f. Amyotrophic lateral sclerosis.
16g. Any terminal illness, with a probable life expectancy of
17under one year, if the illness or its treatment produces one or
18more of the following:
19(1) Severe or chronic pain.
20(2) Nausea or severe vomiting.
21(3) Cachexia or severe wasting.
22h. Parkinson’s disease.
23i. Untreatable pain Severe or chronic pain.
24j. Any other medical condition for which the patient’s
25health care practitioner determines the use of medical
26cannabidiol could be medically beneficial.
276. “Medical cannabidiol” means any pharmaceutical
28grade cannabinoid found in the plant Cannabis sativa L. or
29Cannabis indica or any other preparation thereof that has a
30tetrahydrocannabinol level of no more than three thirteen
31 percent and that is delivered in a form recommended by the
32medical cannabidiol board, approved by the board of medicine,
33and adopted by the department pursuant to rule.
34 Sec. 2. Section 124E.2, subsection 8, Code 2019, is amended
35by striking the subsection.
-1-1 Sec. 3. Section 124E.3, subsection 1, paragraph a, Code
22019, is amended to read as follows:
3a. (1) Determine, in the health care practitioner’s medical
4judgment, whether the patient whom the health care practitioner
5has examined and treated suffers from a debilitating medical
6condition that qualifies for the use of medical cannabidiol
7under this chapter, and if so determined, provide the patient
8with a written certification of that diagnosis.
9(2) If a health care practitioner determines that the
10patient whom the health care practitioner has examined and
11treated suffers from a debilitating medical condition pursuant
12to section 124E.2, subsection 2, paragraph “j”, that qualifies
13for the use of medical cannabidiol under this chapter, the
14health care practitioner’s written certification shall be based
15on reasonable medical evidence, and shall be made in good
16faith, in the best interest of the patient, without fraudulent
17intent, and with the same reasonable medical judgment and
18prudence exercised according to generally accepted medical
19practice.
20 Sec. 4. Section 124E.5, subsection 6, Code 2019, is amended
21to read as follows:
226. The medical cannabidiol board may recommend a statutory
23revision to the definition of medical cannabidiol contained
24in this chapter that increases the tetrahydrocannabinol
25level to more than three thirteen percent, however, any such
26recommendation shall be submitted to the general assembly
27during the regular session of the general assembly following
28such submission. The general assembly shall have the sole
29authority to revise the definition of medical cannabidiol for
30purposes of this chapter.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the regulation of medical cannabidiol.
35The bill amends the definition of “debilitating medical
-2-1condition” under the medical cannabidiol Act (Code chapter
2124E) by removing the requirement that multiple sclerosis be
3accompanied by severe and persistent muscle spasms, replacing
4the term “untreatable pain” with “severe or chronic pain”, and
5including any medical condition for which a patient’s health
6care practitioner determines the use of medical cannabidiol
7could be medically beneficial.
8The bill requires that any certification made by a health
9care practitioner for a patient for any medical condition
10not explicitly included on the list of debilitating medical
11conditions shall be made by a health care practitioner pursuant
12to reasonable medical evidence, in good faith, in the best
13interest of the patient, without fraudulent intent, and with
14the same reasonable medical judgment and prudence exercised
15according to generally accepted medical practice. Under
16current law, a health care practitioner may only issue a
17written certification for a debilitating medical condition
18explicitly included on the list of debilitating medical
19conditions. A written certification may be renewed on an
20annual basis if the health care practitioner determines that
21the patient continues to suffer from the debilitating medical
22condition.
23The bill alters the definition of medical cannabidiol by
24increasing the allowable tetrahydrocannabinol (THC) level in
25medical cannabidiol from no more than 3 percent to no more
26than 13 percent. The medical cannabidiol board retains the
27authority to recommend increasing the allowable THC level.
-3-ss/rh
2altering the list of debilitating medical conditions and
3changing the definition of medical cannabidiol under the
4medical cannabidiol Act.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124E.2, subsections 2 and 6, Code 2019,
2are amended to read as follows:
32. “Debilitating medical condition” means any of the
4following:
5a. Cancer, if the underlying condition or treatment produces
6one or more of the following:
7(1) Severe or chronic pain.
8(2) Nausea or severe vomiting.
9(3) Cachexia or severe wasting.
10b. Multiple sclerosis with severe and persistent muscle
11spasms.
12c. Seizures, including those characteristic of epilepsy.
13d. AIDS or HIV as defined in section 141A.1.
14e. Crohn’s disease.
15f. Amyotrophic lateral sclerosis.
16g. Any terminal illness, with a probable life expectancy of
17under one year, if the illness or its treatment produces one or
18more of the following:
19(1) Severe or chronic pain.
20(2) Nausea or severe vomiting.
21(3) Cachexia or severe wasting.
22h. Parkinson’s disease.
23i. Untreatable pain Severe or chronic pain.
24j. Any other medical condition for which the patient’s
25health care practitioner determines the use of medical
26cannabidiol could be medically beneficial.
276. “Medical cannabidiol” means any pharmaceutical
28grade cannabinoid found in the plant Cannabis sativa L. or
29Cannabis indica or any other preparation thereof that has a
30tetrahydrocannabinol level of no more than three thirteen
31 percent and that is delivered in a form recommended by the
32medical cannabidiol board, approved by the board of medicine,
33and adopted by the department pursuant to rule.
34 Sec. 2. Section 124E.2, subsection 8, Code 2019, is amended
35by striking the subsection.
-1-1 Sec. 3. Section 124E.3, subsection 1, paragraph a, Code
22019, is amended to read as follows:
3a. (1) Determine, in the health care practitioner’s medical
4judgment, whether the patient whom the health care practitioner
5has examined and treated suffers from a debilitating medical
6condition that qualifies for the use of medical cannabidiol
7under this chapter, and if so determined, provide the patient
8with a written certification of that diagnosis.
9(2) If a health care practitioner determines that the
10patient whom the health care practitioner has examined and
11treated suffers from a debilitating medical condition pursuant
12to section 124E.2, subsection 2, paragraph “j”, that qualifies
13for the use of medical cannabidiol under this chapter, the
14health care practitioner’s written certification shall be based
15on reasonable medical evidence, and shall be made in good
16faith, in the best interest of the patient, without fraudulent
17intent, and with the same reasonable medical judgment and
18prudence exercised according to generally accepted medical
19practice.
20 Sec. 4. Section 124E.5, subsection 6, Code 2019, is amended
21to read as follows:
226. The medical cannabidiol board may recommend a statutory
23revision to the definition of medical cannabidiol contained
24in this chapter that increases the tetrahydrocannabinol
25level to more than three thirteen percent, however, any such
26recommendation shall be submitted to the general assembly
27during the regular session of the general assembly following
28such submission. The general assembly shall have the sole
29authority to revise the definition of medical cannabidiol for
30purposes of this chapter.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to the regulation of medical cannabidiol.
35The bill amends the definition of “debilitating medical
-2-1condition” under the medical cannabidiol Act (Code chapter
2124E) by removing the requirement that multiple sclerosis be
3accompanied by severe and persistent muscle spasms, replacing
4the term “untreatable pain” with “severe or chronic pain”, and
5including any medical condition for which a patient’s health
6care practitioner determines the use of medical cannabidiol
7could be medically beneficial.
8The bill requires that any certification made by a health
9care practitioner for a patient for any medical condition
10not explicitly included on the list of debilitating medical
11conditions shall be made by a health care practitioner pursuant
12to reasonable medical evidence, in good faith, in the best
13interest of the patient, without fraudulent intent, and with
14the same reasonable medical judgment and prudence exercised
15according to generally accepted medical practice. Under
16current law, a health care practitioner may only issue a
17written certification for a debilitating medical condition
18explicitly included on the list of debilitating medical
19conditions. A written certification may be renewed on an
20annual basis if the health care practitioner determines that
21the patient continues to suffer from the debilitating medical
22condition.
23The bill alters the definition of medical cannabidiol by
24increasing the allowable tetrahydrocannabinol (THC) level in
25medical cannabidiol from no more than 3 percent to no more
26than 13 percent. The medical cannabidiol board retains the
27authority to recommend increasing the allowable THC level.
-3-ss/rh