Bill Text: IA HF2589 | 2019-2020 | 88th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: A bill for an act concerning the medical cannabidiol Act and marijuana. (Formerly HSB 653.) Effective date: 07/01/2020.

Spectrum: Committee Bill

Status: (Passed) 2020-06-29 - Signed by Governor. H.J. 791. [HF2589 Detail]

Download: Iowa-2019-HF2589-Introduced.html

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House File 2589 - Introduced
HOUSE FILE 2589
BY COMMITTEE ON PUBLIC SAFETY
(SUCCESSOR TO HSB 653)
A BILL FOR
An Act concerning the medical cannabidiol Act.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 124E.2, subsection 2, paragraph i, Code
2020, is amended to read as follows:
i. Untreatable Chronic pain.
Sec. 2. Section 124E.2, subsections 5 and 6, Code 2020, are
amended to read as follows:
5. “Health care practitioner” means an individual licensed
under chapter 148 to practice medicine and surgery or
osteopathic medicine and surgery , a physician assistant
licensed under chapter 148C, a podiatrist licensed pursuant to
chapter 149, an advanced registered nurse practitioner licensed
under chapter 152, or an advanced practice registered nurse
under chapter 152E, who is a patient’s primary care provider.
“Health care practitioner” shall not include a physician
assistant licensed under chapter 148C or an advanced registered
nurse practitioner licensed pursuant to chapter 152 or 152E .
6. “Medical cannabidiol” means any pharmaceutical
grade cannabinoid found in the plant Cannabis sativa L. or
Cannabis indica or any other preparation thereof that has
a tetrahydrocannabinol level of no more than three percent
and that is delivered in a form recommended by the medical
cannabidiol board, approved by the board of medicine, and
adopted by the department pursuant to rule.
Sec. 3. Section 124E.2, Code 2020, is amended by adding the
following new subsection:
NEW SUBSECTION . 7A. “Total tetrahydrocannabinol” means
eighty-seven and seven-tenths percent of the amount of
tetrahydrocannabinol plus the amount of tetrahydrocannabinolic
acid.
Sec. 4. Section 124E.4, subsection 1, unnumbered paragraph
1, Code 2020, is amended to read as follows:
Subject to subsection 7 , the department may approve the
issuance of issue a medical cannabidiol registration card by
the department of transportation to a patient who:
Sec. 5. Section 124E.4, subsection 1, paragraph d,
unnumbered paragraph 1, Code 2020, is amended to read as
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follows:
Submits an application to the department, on a form created
by the department, in consultation with the department of
transportation, that contains all of the following:
Sec. 6. Section 124E.4, subsection 1, paragraph f, Code
2020, is amended by striking the paragraph.
Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph
1, Code 2020, is amended to read as follows:
A medical cannabidiol registration card issued to a patient
by the department of transportation pursuant to subsection 1
shall contain, at a minimum, all of the following:
Sec. 8. Section 124E.4, subsection 2, paragraph b, Code
2020, is amended by striking the paragraph.
Sec. 9. Section 124E.4, subsection 3, unnumbered paragraph
1, Code 2020, is amended to read as follows:
For a patient in a primary caregiver’s care, subject to
subsection 7 , the department may approve the issuance of issue
a medical cannabidiol registration card by the department of
transportation to the primary caregiver who:
Sec. 10. Section 124E.4, subsection 3, paragraph b,
unnumbered paragraph 1, Code 2020, is amended to read as
follows:
Submits an application to the department, on a form created
by the department, in consultation with the department of
transportation, that contains all of the following:
Sec. 11. Section 124E.4, subsection 3, paragraph c, Code
2020, is amended by striking the paragraph.
Sec. 12. Section 124E.4, subsection 4, unnumbered paragraph
1, Code 2020, is amended to read as follows:
A medical cannabidiol registration card issued by the
department of transportation to a primary caregiver pursuant to
subsection 3 shall contain, at a minimum, all of the following:
Sec. 13. Section 124E.4, subsection 4, paragraph b, Code
2020, is amended by striking the paragraph.
Sec. 14. Section 124E.4, subsection 6, Code 2020, is amended
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by striking the subsection.
Sec. 15. Section 124E.5, subsection 2, Code 2020, is amended
to read as follows:
2. The medical cannabidiol board shall convene at least
twice but no more than four times per year.
Sec. 16. Section 124E.5, subsection 6, Code 2020, is amended
to read as follows:
6. The medical cannabidiol board may recommend a statutory
revision to the definition of medical cannabidiol contained in
this chapter that increases the tetrahydrocannabinol level to
more than three percent, however, any such recommendation shall
be submitted to the general assembly during the regular session
of the general assembly following such submission. The general
assembly shall have the sole authority to revise the definition
of medical cannabidiol for purposes of this chapter .
Sec. 17. Section 124E.9, Code 2020, is amended by adding the
following new subsections:
NEW SUBSECTION . 13. A medical cannabidiol dispensary
shall employ a pharmacist or pharmacy technician licensed or
registered pursuant to chapter 155A for the purpose of making
dosing recommendations.
NEW SUBSECTION . 14. A medical cannabidiol dispensary shall
not dispense more than a combined total of four and one-half
grams of total tetrahydrocannabinol to a patient and the
patient’s primary caregiver in a ninety-day period, except as
provided in subsection 15. The department may decrease this
limit by rule as provided in section 124E.11, subsection 2,
paragraph “c” .
NEW SUBSECTION . 15. A medical cannabidiol dispensary
may dispense more than a combined total of four and one-half
of total tetrahydrocannabinol to a patient and the patient’s
primary caregiver in a ninety-day period if any of the
following apply:
a. The health care practitioner who certified the patient to
receive a medical cannabidiol registration card certifies that
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patient’s debilitating medical condition is a terminal illness
with a life expectancy of less than one year. A certification
issued pursuant to this paragraph shall include a total
tetrahydrocannabinol cap deemed appropriate by the patient’s
health care practitioner.
b. The health care practitioner who certified the patient to
receive a medical cannabidiol registration card certifies that
the patient has participated in the medical cannabidiol program
and that the health care practitioner has determined that four
and one-half of total tetrahydrocannabinol in a ninety-day
period is insufficient to treat the patient’s debilitating
medical condition. A certification issued pursuant to this
paragraph shall include a total tetrahydrocannabinol cap deemed
appropriate by the patient’s health care practitioner.
Sec. 18. Section 124E.11, subsection 1, paragraph b,
subparagraph (1), subparagraph division (a), Code 2020, is
amended to read as follows:
(a) To authorized employees or agents of the department and
the department of transportation as necessary to perform the
duties of the department and the department of transportation
pursuant to this chapter .
Sec. 19. Section 124E.11, subsection 1, paragraph b,
subparagraph (1), subparagraph division (c), Code 2020, is
amended to read as follows:
(c) To authorized employees of a medical cannabidiol
dispensary, but only for the purpose purposes of verifying that
a person is lawfully in possession of a medical cannabidiol
registration card issued pursuant to this chapter and that a
person has not purchased total tetrahydrocannabinol in excess
of the amount authorized by this chapter .
Sec. 20. Section 124E.11, subsection 1, paragraph b,
subparagraph (1), Code 2020, is amended by adding the following
new subparagraph division:
NEW SUBPARAGRAPH DIVISION . (e) To a health care
practitioner for the purpose of determining whether a patient
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seeking a written certification pursuant to section 124E.3 has
already received a written certification from another health
care practitioner.
Sec. 21. Section 124E.12, subsection 7, Code 2020, is
amended to read as follows:
7. Notwithstanding any law to the contrary, the department,
the department of transportation, the governor, or any employee
of any state agency shall not be held civilly or criminally
liable for any injury, loss of property, personal injury, or
death caused by any act or omission while acting within the
scope of office or employment as authorized under this chapter .
Sec. 22. NEW SECTION . 124E.20 Observational effectiveness
study.
The department may conduct an observational effectiveness
study in cooperation with patients and health care
practitioners and pursuant to rules of the department in order
to study the effectiveness of medical cannabidiol in the
treatment of debilitating medical conditions.
Sec. 23. PROTECTION OF FEDERAL FUNDING. The department
of public health shall request guarantees from the agencies
of the federal government providing funding to educational
and long-term care facilities that facilities with policies
allowing patients to possess medical cannabidiol on the grounds
of the facilities consistent with chapter 124E or allowing
facility staff to administer medical cannabidiol to a patient
shall not lose eligibility for any federal funding due to such
policies.
Sec. 24. TRANSITION PROVISIONS. A medical cannabidiol
registration card issued prior to July 1, 2020, remains
effective and continues in effect as issued for the
twelve-month period following its issuance.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill relates to the medical cannabidiol program.
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The bill replaces “untreatable pain” with “chronic pain” on
the list of debilitating medical conditions for which a patient
may receive a written certification to receive a medical
cannabidiol registration card.
The bill adds physician assistants, advanced registered
nurse practitioners, advanced practice registered nurses, and
podiatrists to the list of health care practitioners allowed to
certify a patient to receive a medical cannabidiol registration
card.
The bill removes the 3 percent tetrahydrocannabinol (THC)
limit on medical cannabidiol. The bill prohibits a medical
cannabidiol patient or a patient’s primary caregiver from
receiving more than 4.5 grams of total THC in a 90-day period.
However, a medical cannabidiol dispensary may dispense more
than 4.5 grams of total THC in a 90-day period to a patient
or a patient’s primary caregiver, up to a cap determined by
the patient’s health care practitioner, if the health care
practitioner who certified the patient to receive a medical
cannabidiol registration card certifies that the patient has
a debilitating medical condition with a life expectancy of
less that one year or that the patient has participated in the
medical cannabidiol program and the health care practitioner
has determined that 4.5 grams of total THC in a 90-day period
is insufficient to treat the patient’s debilitating medical
condition. The bill allows medical cannabidiol dispensaries
to access the files of the department of public health to
determine whether a patient has received more than 4.5 grams
of total THC in a 90-day period. The bill defines “total
THC” as the amount of THC plus 87.7 percent of the amount of
tetrahydrocannabinolic acid.
The bill removes the department of transportation from the
process of issuing medical cannabidiol registration cards and
makes conforming Code changes. The bill directs the department
of public health to issue medical cannabidiol registration
cards. The bill also removes the requirement that a medical
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cannabidiol registration card include a photograph of the
patient or primary caregiver.
The bill removes the prohibitions on patients and primary
caregivers with certain disqualifying felony offenses from
receiving a medical cannabidiol registration card.
The bill removes the limit on the number of meetings per year
of the medical cannabidiol board. Current law sets the maximum
number of meetings to four per year.
The bill removes a provision allowing the medical
cannabidiol board to recommend statutory revisions to
the definition of medical cannabidiol that increase the
tetrahydrocannabinol level to more than 3 percent.
The bill requires medical cannabidiol dispensaries to employ
a pharmacist or pharmacy technician for the purpose of making
medical cannabidiol dosing recommendations.
The bill allows health care practitioners to access the
patient registry maintained by the department of public health
to determine whether a patient seeking a written certification
for a medical cannabidiol registration card has already
received a written certification from another health care
practitioner.
The bill requires the department of public health to
conduct an observational effectiveness study, in cooperation
with patients and health care practitioners, on the efficacy
of medical cannabis products. The bill also requires the
department to seek guarantees from federal agencies that
provide funding to educational and long-term care facilities
that facilities with policies allowing patients to possess
medical cannabis on the property of the facility or allowing
facility staff to administer medical cannabis to a patient
will not lose eligibility for any federal funding due to such
policies.
The bill provides that a medical cannabidiol registration
card issued prior to July 1, 2020, by the department of
transportation shall remain valid until the card’s expiration
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date.
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