Iowa-2021-HF480-Introduced

H.F. 480 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 35 -1- LSB 1547YH (7) 89 pf/rh 1/ 4

H.F. 480 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 35 -2- LSB 1547YH (7) 89 pf/rh 2/ 4

H.F. 480 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 -3- LSB 1547YH (7) 89 pf/rh 3/ 4

H.F. 480 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”. 10 -4- LSB 1547YH (7) 89 pf/rh 4/ 4