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
