Bill Text: IA SF408 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the medical cannabidiol Act.

Spectrum: Partisan Bill (Democrat 14-0)

Status: (Introduced - Dead) 2019-02-28 - Subcommittee: Sweeney, R. Taylor, and Whiting. S.J. 433. [SF408 Detail]

Download: Iowa-2019-SF408-Introduced.html
Senate File 408 - Introduced SENATE FILE 408 BY BOLKCOM , T. TAYLOR , LYKAM , WAHLS , DOTZLER , KINNEY , CELSI , J. SMITH , BOULTON , JOCHUM , MATHIS , RAGAN , PETERSEN , and QUIRMBACH A BILL FOR An Act relating to the medical cannabidiol Act. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 1025XS (5) 88 ss/rh
S.F. 408 Section 1. Section 124E.2, subsection 2, paragraphs b and i, 1 Code 2019, are amended to read as follows: 2 b. Multiple sclerosis with severe and persistent muscle 3 spasms . 4 i. Untreatable pain Severe or chronic pain . 5 Sec. 2. Section 124E.2, subsection 2, Code 2019, is amended 6 by adding the following new paragraphs: 7 NEW PARAGRAPH . j. Glaucoma. 8 NEW PARAGRAPH . k. Hepatitis C. 9 NEW PARAGRAPH . l. Ehlers-Danlos syndrome. 10 NEW PARAGRAPH . m. Post-traumatic stress disorder. 11 NEW PARAGRAPH . n. Tourette’s syndrome. 12 NEW PARAGRAPH . o. Muscular dystrophy. 13 NEW PARAGRAPH . p. Huntington’s disease. 14 NEW PARAGRAPH . q. Alzheimer’s disease. 15 NEW PARAGRAPH . r. Complex regional pain syndrome. 16 NEW PARAGRAPH . s. Rheumatoid arthritis. 17 NEW PARAGRAPH . t. Trigeminal neuralgia. 18 NEW PARAGRAPH . u. Bipolar disorder. 19 NEW PARAGRAPH . v. Polyarteritis nodosa. 20 NEW PARAGRAPH . w. Any other medical condition for which 21 the patient’s health care practitioner determines the use of 22 medical cannabidiol could be medically beneficial pursuant to 23 rules of the board licensing the health care practitioner. 24 Sec. 3. Section 124E.2, subsection 5, Code 2019, is amended 25 to read as follows: 26 5. “Health care practitioner” means an individual licensed 27 under chapter 148 to practice medicine and surgery or 28 osteopathic medicine and surgery , a physician assistant 29 licensed under chapter 148C, or an advanced registered nurse 30 practitioner licensed under chapter 152 or 152E, who is a 31 patient’s primary care provider. “Health care practitioner” 32 shall not include a physician assistant licensed under chapter 33 148C or an advanced registered nurse practitioner licensed 34 pursuant to chapter 152 or 152E . 35 -1- LSB 1025XS (5) 88 ss/rh 1/ 8
S.F. 408 Sec. 4. Section 124E.2, subsection 6, Code 2019, is amended 1 by striking the subsection and inserting in lieu thereof the 2 following: 3 6. “Medical cannabidiol” means any species of the genus 4 cannabis plant, or any mixture or preparation of them, 5 including whole plant extracts and resins. 6 Sec. 5. Section 124E.2, subsection 8, Code 2019, is amended 7 by striking the subsection. 8 Sec. 6. Section 124E.3, subsection 1, Code 2019, is amended 9 by adding the following new paragraph: 10 NEW PARAGRAPH . c. For a certification issued under section 11 124E.2, subsection 2, paragraph “w” , determine whether the 12 certification would comply with rules of the board licensing 13 the health care practitioner, and if so, provide written 14 documentation to that effect to the patient. 15 Sec. 7. Section 124E.4, subsection 1, Code 2019, is amended 16 to read as follows: 17 1. a. Issuance to patient. Subject Except as otherwise 18 provided in paragraph “b” , and subject to subsection 19 7 , the department may approve the issuance of issue a 20 medical cannabidiol registration card by the department of 21 transportation to a patient who: 22 a. (1) Is at least eighteen years of age. 23 b. (2) Is a permanent resident of this state. 24 c. (3) Submits a written certification to the department 25 signed by the patient’s health care practitioner that the 26 patient is suffering from a debilitating medical condition. 27 d. (4) Submits an application to the department, on a form 28 created by the department, in consultation with the department 29 of transportation, that contains all of the following: 30 (1) (a) The patient’s full name, Iowa residence address, 31 date of birth, and telephone number. 32 (2) (b) A copy of the patient’s valid photograph 33 identification. 34 (3) (c) Full name, address, and telephone number of the 35 -2- LSB 1025XS (5) 88 ss/rh 2/ 8
S.F. 408 patient’s health care practitioner. 1 (4) (d) Full name, residence address, date of birth, and 2 telephone number of each primary caregiver of the patient, if 3 any. 4 (5) (e) Any other information required by rule. 5 e. (5) Submits a medical cannabidiol registration card 6 fee of one hundred dollars to the department. If the patient 7 attests to receiving social security disability benefits, 8 supplemental security insurance payments, or being enrolled in 9 the medical assistance program, the fee shall be twenty-five 10 dollars. 11 f. Has not been convicted of a disqualifying felony offense. 12 b. Issuance to hospice patient. Subject to subsection 7, 13 the department may issue a medical cannabidiol registration 14 card to a patient who provides documentation to the department, 15 on a form prescribed by the department, that the patient is 16 receiving inpatient hospice care in this state. 17 Sec. 8. Section 124E.4, subsection 2, unnumbered paragraph 18 1, Code 2019, is amended to read as follows: 19 A medical cannabidiol registration card issued to a patient 20 by the department of transportation pursuant to subsection 1 21 shall contain, at a minimum, all of the following: 22 Sec. 9. Section 124E.4, subsection 3, unnumbered paragraph 23 1, Code 2019, is amended to read as follows: 24 For a patient in a primary caregiver’s care, subject to 25 subsection 7 , the department may approve the issuance of issue 26 a medical cannabidiol registration card by the department of 27 transportation to the primary caregiver who: 28 Sec. 10. Section 124E.4, subsection 3, paragraph b, 29 unnumbered paragraph 1, Code 2019, is amended to read as 30 follows: 31 Submits an application to the department, on a form created 32 by the department, in consultation with the department of 33 transportation, that contains all of the following: 34 Sec. 11. Section 124E.4, subsection 4, unnumbered paragraph 35 -3- LSB 1025XS (5) 88 ss/rh 3/ 8
S.F. 408 1, Code 2019, is amended to read as follows: 1 A medical cannabidiol registration card issued by the 2 department of transportation to a primary caregiver pursuant to 3 subsection 3 shall contain, at a minimum, all of the following: 4 Sec. 12. Section 124E.4, subsection 6, Code 2019, is amended 5 by striking the subsection. 6 Sec. 13. Section 124E.5, subsection 1, paragraph a, Code 7 2019, is amended to read as follows: 8 a. A medical cannabidiol board is created consisting of 9 eight practitioners representing the fields of neurology, pain 10 management, gastroenterology, oncology, psychiatry, pediatrics, 11 family medicine, and pharmacy, and one representative from law 12 enforcement , and three patients with valid medical cannabidiol 13 registration cards . 14 Sec. 14. Section 124E.5, subsection 2, Code 2019, is amended 15 to read as follows: 16 2. The medical cannabidiol board shall convene at least 17 twice but no more than four six times per year. 18 Sec. 15. Section 124E.5, subsection 4, Code 2019, is amended 19 to read as follows: 20 4. Recommendations made by the medical cannabidiol board 21 pursuant to subsection 3 , paragraphs “b” and “e” , shall be made 22 to the board of medicine department for consideration, and if 23 approved, shall be adopted by the board of medicine department 24 by rule. 25 Sec. 16. Section 124E.7, Code 2019, is amended by adding the 26 following new subsection: 27 NEW SUBSECTION . 13. A medical cannabidiol manufacturer may 28 deliver medical cannabidiol to a patient at the patient’s Iowa 29 residence pursuant to rules of the department. 30 Sec. 17. Section 124E.8, subsection 1, paragraph a, Code 31 2019, is amended to read as follows: 32 a. The department shall issue a request for proposals 33 to select and license by April 1, 2018 2020 , up to five 34 thirty medical cannabidiol dispensaries to dispense medical 35 -4- LSB 1025XS (5) 88 ss/rh 4/ 8
S.F. 408 cannabidiol within this state consistent with the provisions 1 of this chapter . The department shall license new medical 2 cannabidiol dispensaries or relicense the existing medical 3 cannabidiol dispensaries by December 1 of each year. 4 Sec. 18. Section 124E.11, subsection 1, paragraph b, 5 subparagraph (1), subparagraph division (a), Code 2019, is 6 amended to read as follows: 7 (a) To authorized employees or agents of the department and 8 the department of transportation as necessary to perform the 9 duties of the department and the department of transportation 10 pursuant to this chapter . 11 Sec. 19. Section 124E.11, subsection 2, paragraph c, Code 12 2019, is amended to read as follows: 13 c. Establish the form and quantity of medical cannabidiol 14 allowed to be dispensed to a patient or primary caregiver 15 pursuant to this chapter as appropriate to serve the medical 16 needs of patients with debilitating medical conditions, subject 17 to recommendation by the medical cannabidiol board and approval 18 by the board of medicine department . 19 Sec. 20. Section 124E.11, subsection 2, paragraph i, Code 20 2019, is amended to read as follows: 21 i. Establish and implement a medical cannabidiol inventory 22 and delivery tracking system to track medical cannabidiol 23 from production by a medical cannabidiol manufacturer through 24 dispensing at a medical cannabidiol dispensary or delivery to a 25 patient at the patient’s Iowa residence . 26 Sec. 21. Section 124E.11, subsection 2, Code 2019, is 27 amended by adding the following new paragraph: 28 NEW PARAGRAPH . j. Establish the circumstances under 29 which a medical cannabidiol manufacturer may deliver medical 30 cannabidiol to a patient at the patient’s Iowa residence. 31 Sec. 22. Section 124E.12, subsection 6, Code 2019, is 32 amended to read as follows: 33 6. The department , the department of transportation, and 34 any health care practitioner person licensed, registered, or 35 -5- LSB 1025XS (5) 88 ss/rh 5/ 8
S.F. 408 certified by an entity listed in section 272C.1 , including any 1 authorized agent or employee thereof, are not subject to any 2 civil or disciplinary penalties by the board of medicine or 3 any business, occupational, or professional licensing board or 4 entity, solely for activities conducted relating to a patient’s 5 possession or use of medical cannabidiol as authorized under 6 this chapter . Such an entity shall not subject a licensed, 7 registered, or certified person to discipline relating to 8 a patient’s possession or use of medical cannabidiol as 9 authorized under this chapter. Nothing in this section affects 10 a professional licensing board from taking action in response 11 to violations of any other section of law. 12 Sec. 23. Section 124E.12, subsection 7, Code 2019, is 13 amended to read as follows: 14 7. Notwithstanding any law to the contrary, the department, 15 the department of transportation, the governor, or any employee 16 of any state agency shall not be held civilly or criminally 17 liable for any injury, loss of property, personal injury, or 18 death caused by any act or omission while acting within the 19 scope of office or employment as authorized under this chapter . 20 Sec. 24. TRANSITION PROVISIONS. A medical cannabidiol 21 registration card issued prior to July 1, 2019, remains 22 effective and continues in effect as issued for the 23 twelve-month period following its issuance. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to the medical cannabidiol Act. 28 The bill amends the definition of “debilitating medical 29 condition” by removing the requirement that multiple sclerosis 30 be accompanied by severe and persistent muscle spasms, and 31 replacing untreatable pain with severe or chronic pain. 32 The bill also adds new medical conditions to the current 33 list of debilitating medical conditions for which a health care 34 practitioner may issue a written certification to a patient for 35 -6- LSB 1025XS (5) 88 ss/rh 6/ 8
S.F. 408 a medical cannabidiol registration card pursuant to the medical 1 cannabidiol Act (Code chapter 124E). 2 The bill allows a health care practitioner to certify a 3 patient to receive a medical cannabidiol registration card 4 for any other medical condition for which the health care 5 practitioner determines the use of medical cannabidiol would be 6 medically beneficial, pursuant to rules of the board licensing 7 the health care practitioner, and provide written documentation 8 to that effect to the patient. 9 The bill amends the definition of “medical cannabidiol” 10 to encompass any species of the genus cannabis plant, or 11 any part or mixture thereof, and removes the limitation on 12 tetrahydrocannabinol that medical cannabidiol can contain. 13 The bill amends the definition of “health care practitioner” 14 to allow a licensed physician assistant and a licensed advanced 15 registered nurse practitioner to certify a patient to receive a 16 medical cannabidiol registration card. 17 The bill requires the department of public health to issue a 18 request for proposals and license up to 30 medical cannabidiol 19 dispensaries by April 1, 2020. 20 The bill allows the department of public health to issue a 21 medical cannabidiol registration card to a patient receiving 22 inpatient hospice care in Iowa without complying with any other 23 requirement to receive a medical cannabidiol registration card 24 after producing proof to the department of public health that 25 the patient is receiving hospice care. The bill also removes 26 the restriction on certain felons receiving medical cannabidiol 27 patient registration cards. 28 The bill amends the membership of the medical cannabidiol 29 board by adding three members who are patients with valid 30 medical cannabidiol registration cards. The bill also allows 31 the board to meet up to six times per year. 32 The bill allows medical cannabidiol manufacturers to 33 make deliveries to a patient at the patient’s Iowa residence 34 pursuant to rules of the board. 35 -7- LSB 1025XS (5) 88 ss/rh 7/ 8
S.F. 408 The bill prohibits any licensing board from disciplining a 1 person licensed, certified, or registered by that licensing 2 board relating to a patient’s possession or use of medical 3 cannabidiol pursuant to the medical cannabidiol Act. 4 The bill removes the department of transportation from the 5 process of issuing medical cannabidiol registration cards. 6 The bill provides that any medical cannabidiol registration 7 card issued by the department of transportation prior to July 8 1, 2019, remains in effect and continues in effect for the 9 12-month period following its issuance. The bill requires 10 the department of public health to issue medical cannabidiol 11 registration cards. 12 The bill removes the board of medicine from the process 13 for adding conditions to the list of debilitating medical 14 conditions. The bill allows the medical cannabidiol board 15 to make recommendations for new conditions directly to the 16 department of public health. 17 -8- LSB 1025XS (5) 88 ss/rh 8/ 8
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