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Senate File 256 - IntroducedA Bill ForAn Act 1relating to the medical cannabidiol Act.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124E.2, subsection 2, paragraphs b and i,
2Code 2019, are amended to read as follows:
3b. Multiple sclerosis with severe and persistent muscle
4spasms.
5i. Untreatable pain Severe or chronic pain.
6 Sec. 2. Section 124E.2, subsection 2, Code 2019, is amended
7by adding the following new paragraphs:
8 NEW PARAGRAPH. j. Post-traumatic stress disorder.
9 NEW PARAGRAPH. k. Any other medical condition for which
10the patient’s health care practitioner determines the use of
11medical cannabidiol could be medically beneficial pursuant to
12rules of the board licensing the health care practitioner.
13 Sec. 3. Section 124E.2, subsection 5, Code 2019, is amended
14to read as follows:
155. “Health care practitioner” means an individual licensed
16under chapter 148 to practice medicine and surgery or
17osteopathic medicine and surgery, a physician assistant
18licensed under chapter 148C, or an advanced registered nurse
19practitioner licensed under chapter 152 or 152E, who is a
20patient’s primary care provider. “Health care practitioner”
21 shall not include a physician assistant licensed under chapter
22148C or an advanced registered nurse practitioner licensed
23pursuant to chapter 152 or 152E.
24 Sec. 4. Section 124E.2, subsection 8, Code 2019, is amended
25by striking the subsection.
26 Sec. 5. Section 124E.3, subsection 1, Code 2019, is amended
27by adding the following new paragraph:
28 NEW PARAGRAPH. c. For a certification issued under section
29124E.2, subsection 2, paragraph “k”, determine whether the
30certification would comply with rules of the board licensing
31the health care practitioner, and if so, provide written
32documentation to that effect to the patient.
33 Sec. 6. Section 124E.4, subsection 1, Code 2019, is amended
34to read as follows:
351. a. Issuance to patient. Subject Except as otherwise
-1-1provided in paragraph “b”, and subject to subsection
27, the department may approve the issuance of issue a
3medical cannabidiol registration card by the department of
4transportation to a patient who:
5a. (1) Is at least eighteen years of age.
6b. (2) Is a permanent resident of this state.
7c. (3) Submits a written certification to the department
8signed by the patient’s health care practitioner that the
9patient is suffering from a debilitating medical condition.
10d. (4) Submits an application to the department, on a form
11created by the department, in consultation with the department
12of transportation, that contains all of the following:
13(1) (a) The patient’s full name, Iowa residence address,
14date of birth, and telephone number.
15(2) (b) A copy of the patient’s valid photograph
16identification.
17(3) (c) Full name, address, and telephone number of the
18patient’s health care practitioner.
19(4) (d) Full name, residence address, date of birth, and
20telephone number of each primary caregiver of the patient, if
21any.
22(5) (e) Any other information required by rule.
23e. (5) Submits a medical cannabidiol registration card
24fee of one hundred dollars to the department. If the patient
25attests to receiving social security disability benefits,
26supplemental security insurance payments, or being enrolled in
27the medical assistance program, the fee shall be twenty-five
28dollars.
29f. Has not been convicted of a disqualifying felony offense.
30b. Issuance to hospice patient. Notwithstanding the
31requirements of paragraph “a”, and subject to subsection 7,
32the department may issue a medical cannabidiol registration
33card to a patient who provides documentation to the department,
34on a form prescribed by the department, that the patient is
35receiving inpatient hospice care in this state.
-2-1 Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph
21, Code 2019, is amended to read as follows:
3A medical cannabidiol registration card issued to a patient
4by the department of transportation pursuant to subsection 1
5shall contain, at a minimum, all of the following:
6 Sec. 8. Section 124E.4, subsection 3, unnumbered paragraph
71, Code 2019, is amended to read as follows:
8For a patient in a primary caregiver’s care, subject to
9subsection 7, the department may approve the issuance of issue
10 a medical cannabidiol registration card by the department of
11transportation to the primary caregiver who:
12 Sec. 9. Section 124E.4, subsection 3, paragraph b,
13unnumbered paragraph 1, Code 2019, is amended to read as
14follows:
15Submits an application to the department, on a form created
16by the department, in consultation with the department of
17transportation, that contains all of the following:
18 Sec. 10. Section 124E.4, subsection 4, unnumbered paragraph
191, Code 2019, is amended to read as follows:
20A medical cannabidiol registration card issued by the
21department of transportation to a primary caregiver pursuant to
22subsection 3 shall contain, at a minimum, all of the following:
23 Sec. 11. Section 124E.4, subsection 6, Code 2019, is amended
24by striking the subsection.
25 Sec. 12. Section 124E.5, subsection 1, paragraph a, Code
262019, is amended to read as follows:
27a. A medical cannabidiol board is created consisting of
28eight practitioners representing the fields of neurology, pain
29management, gastroenterology, oncology, psychiatry, pediatrics,
30family medicine, and pharmacy, and one representative from law
31enforcement, and two patients with valid medical cannabidiol
32registration cards.
33 Sec. 13. Section 124E.5, subsection 2, Code 2019, is amended
34to read as follows:
352. The medical cannabidiol board shall convene at least
-3-1twice but no more than four eight times per year.
2 Sec. 14. Section 124E.7, Code 2019, is amended by adding the
3following new subsections:
4 NEW SUBSECTION. 13. A medical cannabidiol manufacturer
5may deliver medical cannabidiol to a patient at the patient’s
6residence pursuant to rules of the department.
7 NEW SUBSECTION. 14. A medical cannabidiol manufacturer
8shall neutralize plant material waste through the application
9of a chemical such as bleach prior to transporting such plant
10material waste to an approved solid waste disposal facility.
11 Sec. 15. Section 124E.11, subsection 1, paragraph b,
12subparagraph (1), subparagraph division (a), Code 2019, is
13amended to read as follows:
14(a) To authorized employees or agents of the department and
15the department of transportation as necessary to perform the
16duties of the department and the department of transportation
17 pursuant to this chapter.
18 Sec. 16. Section 124E.11, subsection 2, paragraph i, Code
192019, is amended to read as follows:
20i. Establish and implement a medical cannabidiol inventory
21and delivery tracking system to track medical cannabidiol
22from production by a medical cannabidiol manufacturer through
23dispensing at a medical cannabidiol dispensary or delivery to a
24patient at the patient’s Iowa residence.
25 Sec. 17. Section 124E.11, subsection 2, Code 2019, is
26amended by adding the following new paragraph:
27 NEW PARAGRAPH. j. Establish the circumstances under
28which a medical cannabidiol manufacturer may deliver medical
29cannabidiol to a patient at the patient’s Iowa residence.
30 Sec. 18. Section 124E.12, subsection 6, Code 2019, is
31amended to read as follows:
326. The department, the department of transportation, and
33any health care practitioner person licensed, registered, or
34certified by an entity listed in section 272C.1, including any
35authorized agent or employee thereof, are not subject to any
-4-1civil or disciplinary penalties by the board of medicine or
2any business, occupational, or professional licensing board or
3entity, solely for activities conducted relating to a patient’s
4possession or use of medical cannabidiol as authorized under
5this chapter. Such an entity shall not subject a licensed,
6registered, or certified person to discipline relating to
7a patient’s possession or use of medical cannabidiol as
8authorized under this chapter. Nothing in this section affects
9a professional licensing board from taking action in response
10to violations of any other section of law.
11 Sec. 19. Section 124E.12, subsection 7, Code 2019, is
12amended to read as follows:
137. Notwithstanding any law to the contrary, the department,
14the department of transportation, the governor, or any employee
15of any state agency shall not be held civilly or criminally
16liable for any injury, loss of property, personal injury, or
17death caused by any act or omission while acting within the
18scope of office or employment as authorized under this chapter.
19 Sec. 20. Section 423.3, Code 2019, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 107. The sales price of any medical
22cannabidiol product sold by a medical cannabidiol manufacturer
23or a medical cannabidiol dispensary pursuant to chapter 124E.
24 Sec. 21. TRANSITION PROVISIONS. A medical cannabidiol
25registration card issued prior to July 1, 2019, remains
26effective and continues in effect as issued for the
27twelve-month period following its issuance.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the medical cannabidiol Act.
32The bill amends the definition of debilitating medical
33condition by removing the requirement that multiple sclerosis
34be accompanied by severe and persistent muscle spasms,
35replacing untreatable pain with severe or chronic pain,
-5-1and adding post-traumatic stress disorder to the list of
2conditions which allow a patient to be certified by a health
3care practitioner to receive a medical cannabidiol registration
4card. The bill also allows a health care practitioner to
5certify a patient to receive a medical cannabidiol registration
6card for any other medical condition for which the health care
7practitioner determines the use of medical cannabidiol would be
8medically beneficial, pursuant to rules of the board licensing
9the health care practitioner, and provide written documentation
10to that effect to the patient.
11The bill amends the definition of a health care practitioner
12to allow a licensed physician assistant and a licensed advanced
13registered nurse practitioner to certify a patient to receive a
14medical cannabidiol registration card.
15The bill allows the department of public health to issue a
16medical cannabidiol registration card to a patient receiving
17inpatient hospice care in Iowa without complying with any other
18requirement to receive a medical cannabidiol registration card
19after producing proof that the patient is receiving hospice
20care. The bill also removes the restriction on certain felons
21receiving medical cannabidiol patient registration cards.
22The bill amends the membership of the medical cannabidiol
23board by adding two members who are patients with valid medical
24cannabidiol registration cards. The bill also allows the board
25to meet up to eight times per year.
26The bill allows medical cannabidiol manufacturers to make
27deliveries to patients pursuant to rules of the board. The
28bill requires medical cannabidiol manufacturers to neutralize
29plant waste with a chemical such as bleach before transporting
30such waste to a solid waste disposal site. Currently, such
31material must be composted prior to transportation pursuant to
32rules of the department.
33The bill prohibits any licensing board from disciplining a
34person licensed, certified, or registered by that licensing
35board for conducting activities related to a patient’s
-6-1certification to purchase and consume medical cannabidiol or
2for purchasing and consuming medical cannabidiol.
3The bill exempts sales of medical cannabidiol products by
4a medical cannabidiol manufacturer or a medical cannabidiol
5dispensary pursuant to Code chapter 124E from sales tax.
6The bill removes the department of transportation from the
7process of issuing medical cannabidiol registration cards.
8The bill provides that any medical cannabidiol registration
9card issued by the department of transportation prior to July
101, 2019, remains in effect and continues in effect for the
1112-month period following its issuance. The bill requires
12the department of public health to issue medical cannabidiol
13registration cards.
-7-ss/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124E.2, subsection 2, paragraphs b and i,
2Code 2019, are amended to read as follows:
3b. Multiple sclerosis with severe and persistent muscle
4spasms.
5i. Untreatable pain Severe or chronic pain.
6 Sec. 2. Section 124E.2, subsection 2, Code 2019, is amended
7by adding the following new paragraphs:
8 NEW PARAGRAPH. j. Post-traumatic stress disorder.
9 NEW PARAGRAPH. k. Any other medical condition for which
10the patient’s health care practitioner determines the use of
11medical cannabidiol could be medically beneficial pursuant to
12rules of the board licensing the health care practitioner.
13 Sec. 3. Section 124E.2, subsection 5, Code 2019, is amended
14to read as follows:
155. “Health care practitioner” means an individual licensed
16under chapter 148 to practice medicine and surgery or
17osteopathic medicine and surgery, a physician assistant
18licensed under chapter 148C, or an advanced registered nurse
19practitioner licensed under chapter 152 or 152E, who is a
20patient’s primary care provider. “Health care practitioner”
21 shall not include a physician assistant licensed under chapter
22148C or an advanced registered nurse practitioner licensed
23pursuant to chapter 152 or 152E.
24 Sec. 4. Section 124E.2, subsection 8, Code 2019, is amended
25by striking the subsection.
26 Sec. 5. Section 124E.3, subsection 1, Code 2019, is amended
27by adding the following new paragraph:
28 NEW PARAGRAPH. c. For a certification issued under section
29124E.2, subsection 2, paragraph “k”, determine whether the
30certification would comply with rules of the board licensing
31the health care practitioner, and if so, provide written
32documentation to that effect to the patient.
33 Sec. 6. Section 124E.4, subsection 1, Code 2019, is amended
34to read as follows:
351. a. Issuance to patient. Subject Except as otherwise
-1-1provided in paragraph “b”, and subject to subsection
27, the department may approve the issuance of issue a
3medical cannabidiol registration card by the department of
4transportation to a patient who:
5a. (1) Is at least eighteen years of age.
6b. (2) Is a permanent resident of this state.
7c. (3) Submits a written certification to the department
8signed by the patient’s health care practitioner that the
9patient is suffering from a debilitating medical condition.
10d. (4) Submits an application to the department, on a form
11created by the department, in consultation with the department
12of transportation, that contains all of the following:
13(1) (a) The patient’s full name, Iowa residence address,
14date of birth, and telephone number.
15(2) (b) A copy of the patient’s valid photograph
16identification.
17(3) (c) Full name, address, and telephone number of the
18patient’s health care practitioner.
19(4) (d) Full name, residence address, date of birth, and
20telephone number of each primary caregiver of the patient, if
21any.
22(5) (e) Any other information required by rule.
23e. (5) Submits a medical cannabidiol registration card
24fee of one hundred dollars to the department. If the patient
25attests to receiving social security disability benefits,
26supplemental security insurance payments, or being enrolled in
27the medical assistance program, the fee shall be twenty-five
28dollars.
29f. Has not been convicted of a disqualifying felony offense.
30b. Issuance to hospice patient. Notwithstanding the
31requirements of paragraph “a”, and subject to subsection 7,
32the department may issue a medical cannabidiol registration
33card to a patient who provides documentation to the department,
34on a form prescribed by the department, that the patient is
35receiving inpatient hospice care in this state.
-2-1 Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph
21, Code 2019, is amended to read as follows:
3A medical cannabidiol registration card issued to a patient
4by the department of transportation pursuant to subsection 1
5shall contain, at a minimum, all of the following:
6 Sec. 8. Section 124E.4, subsection 3, unnumbered paragraph
71, Code 2019, is amended to read as follows:
8For a patient in a primary caregiver’s care, subject to
9subsection 7, the department may approve the issuance of issue
10 a medical cannabidiol registration card by the department of
11transportation to the primary caregiver who:
12 Sec. 9. Section 124E.4, subsection 3, paragraph b,
13unnumbered paragraph 1, Code 2019, is amended to read as
14follows:
15Submits an application to the department, on a form created
16by the department, in consultation with the department of
17transportation, that contains all of the following:
18 Sec. 10. Section 124E.4, subsection 4, unnumbered paragraph
191, Code 2019, is amended to read as follows:
20A medical cannabidiol registration card issued by the
21department of transportation to a primary caregiver pursuant to
22subsection 3 shall contain, at a minimum, all of the following:
23 Sec. 11. Section 124E.4, subsection 6, Code 2019, is amended
24by striking the subsection.
25 Sec. 12. Section 124E.5, subsection 1, paragraph a, Code
262019, is amended to read as follows:
27a. A medical cannabidiol board is created consisting of
28eight practitioners representing the fields of neurology, pain
29management, gastroenterology, oncology, psychiatry, pediatrics,
30family medicine, and pharmacy, and one representative from law
31enforcement, and two patients with valid medical cannabidiol
32registration cards.
33 Sec. 13. Section 124E.5, subsection 2, Code 2019, is amended
34to read as follows:
352. The medical cannabidiol board shall convene at least
-3-1twice but no more than four eight times per year.
2 Sec. 14. Section 124E.7, Code 2019, is amended by adding the
3following new subsections:
4 NEW SUBSECTION. 13. A medical cannabidiol manufacturer
5may deliver medical cannabidiol to a patient at the patient’s
6residence pursuant to rules of the department.
7 NEW SUBSECTION. 14. A medical cannabidiol manufacturer
8shall neutralize plant material waste through the application
9of a chemical such as bleach prior to transporting such plant
10material waste to an approved solid waste disposal facility.
11 Sec. 15. Section 124E.11, subsection 1, paragraph b,
12subparagraph (1), subparagraph division (a), Code 2019, is
13amended to read as follows:
14(a) To authorized employees or agents of the department and
15the department of transportation as necessary to perform the
16duties of the department and the department of transportation
17 pursuant to this chapter.
18 Sec. 16. Section 124E.11, subsection 2, paragraph i, Code
192019, is amended to read as follows:
20i. Establish and implement a medical cannabidiol inventory
21and delivery tracking system to track medical cannabidiol
22from production by a medical cannabidiol manufacturer through
23dispensing at a medical cannabidiol dispensary or delivery to a
24patient at the patient’s Iowa residence.
25 Sec. 17. Section 124E.11, subsection 2, Code 2019, is
26amended by adding the following new paragraph:
27 NEW PARAGRAPH. j. Establish the circumstances under
28which a medical cannabidiol manufacturer may deliver medical
29cannabidiol to a patient at the patient’s Iowa residence.
30 Sec. 18. Section 124E.12, subsection 6, Code 2019, is
31amended to read as follows:
326. The department, the department of transportation, and
33any health care practitioner person licensed, registered, or
34certified by an entity listed in section 272C.1, including any
35authorized agent or employee thereof, are not subject to any
-4-1civil or disciplinary penalties by the board of medicine or
2any business, occupational, or professional licensing board or
3entity, solely for activities conducted relating to a patient’s
4possession or use of medical cannabidiol as authorized under
5this chapter. Such an entity shall not subject a licensed,
6registered, or certified person to discipline relating to
7a patient’s possession or use of medical cannabidiol as
8authorized under this chapter. Nothing in this section affects
9a professional licensing board from taking action in response
10to violations of any other section of law.
11 Sec. 19. Section 124E.12, subsection 7, Code 2019, is
12amended to read as follows:
137. Notwithstanding any law to the contrary, the department,
14the department of transportation, the governor, or any employee
15of any state agency shall not be held civilly or criminally
16liable for any injury, loss of property, personal injury, or
17death caused by any act or omission while acting within the
18scope of office or employment as authorized under this chapter.
19 Sec. 20. Section 423.3, Code 2019, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 107. The sales price of any medical
22cannabidiol product sold by a medical cannabidiol manufacturer
23or a medical cannabidiol dispensary pursuant to chapter 124E.
24 Sec. 21. TRANSITION PROVISIONS. A medical cannabidiol
25registration card issued prior to July 1, 2019, remains
26effective and continues in effect as issued for the
27twelve-month period following its issuance.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to the medical cannabidiol Act.
32The bill amends the definition of debilitating medical
33condition by removing the requirement that multiple sclerosis
34be accompanied by severe and persistent muscle spasms,
35replacing untreatable pain with severe or chronic pain,
-5-1and adding post-traumatic stress disorder to the list of
2conditions which allow a patient to be certified by a health
3care practitioner to receive a medical cannabidiol registration
4card. The bill also allows a health care practitioner to
5certify a patient to receive a medical cannabidiol registration
6card for any other medical condition for which the health care
7practitioner determines the use of medical cannabidiol would be
8medically beneficial, pursuant to rules of the board licensing
9the health care practitioner, and provide written documentation
10to that effect to the patient.
11The bill amends the definition of a health care practitioner
12to allow a licensed physician assistant and a licensed advanced
13registered nurse practitioner to certify a patient to receive a
14medical cannabidiol registration card.
15The bill allows the department of public health to issue a
16medical cannabidiol registration card to a patient receiving
17inpatient hospice care in Iowa without complying with any other
18requirement to receive a medical cannabidiol registration card
19after producing proof that the patient is receiving hospice
20care. The bill also removes the restriction on certain felons
21receiving medical cannabidiol patient registration cards.
22The bill amends the membership of the medical cannabidiol
23board by adding two members who are patients with valid medical
24cannabidiol registration cards. The bill also allows the board
25to meet up to eight times per year.
26The bill allows medical cannabidiol manufacturers to make
27deliveries to patients pursuant to rules of the board. The
28bill requires medical cannabidiol manufacturers to neutralize
29plant waste with a chemical such as bleach before transporting
30such waste to a solid waste disposal site. Currently, such
31material must be composted prior to transportation pursuant to
32rules of the department.
33The bill prohibits any licensing board from disciplining a
34person licensed, certified, or registered by that licensing
35board for conducting activities related to a patient’s
-6-1certification to purchase and consume medical cannabidiol or
2for purchasing and consuming medical cannabidiol.
3The bill exempts sales of medical cannabidiol products by
4a medical cannabidiol manufacturer or a medical cannabidiol
5dispensary pursuant to Code chapter 124E from sales tax.
6The bill removes the department of transportation from the
7process of issuing medical cannabidiol registration cards.
8The bill provides that any medical cannabidiol registration
9card issued by the department of transportation prior to July
101, 2019, remains in effect and continues in effect for the
1112-month period following its issuance. The bill requires
12the department of public health to issue medical cannabidiol
13registration cards.
-7-ss/rh