Hopefully, this year won’t be a slap in the face and insult, like 2019. As of January 15, it was in subcommittee with Zaun, Sinclair and R. Taylor.
Here’s the bill:
https://www.legis.iowa.gov/legislation/BillBook?ga=88&ba=SF501
Senate File 501 –
Introduced SENATE FILE 501 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 256)
A BILL FOR An Act relating to the medical cannabidiol Act.
S.F. 501 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. Post-traumatic stress disorder. 8 NEW PARAGRAPH . k. Any other medical condition for which 9 the patient’s health care practitioner determines the use of 10 medical cannabidiol could be medically beneficial pursuant to 11 rules of the board licensing the health care practitioner. 12 Sec. 3. Section 124E.2, subsection 5, Code 2019, is amended 13 to read as follows: 14 5. “Health care practitioner” means an individual licensed 15 under chapter 148 to practice medicine and surgery or 16 osteopathic medicine and surgery , a physician assistant 17 licensed under chapter 148C, or an advanced registered nurse 18 practitioner licensed under chapter 152 or 152E, who is a 19 patient’s primary care provider. “Health care practitioner” 20 shall not include a physician assistant licensed under chapter 21 148C or an advanced registered nurse practitioner licensed 22 pursuant to chapter 152 or 152E . 23 Sec. 4. Section 124E.2, subsection 8, Code 2019, is amended 24 by striking the subsection. 25 Sec. 5. Section 124E.3, subsection 1, Code 2019, is amended 26 by adding the following new paragraph: 27 NEW PARAGRAPH . c. For a certification issued under section 28 124E.2, subsection 2, paragraph “k” , determine whether the 29 certification would comply with rules of the board licensing 30 the health care practitioner, and if so, provide written 31 documentation to that effect to the patient. 32 Sec. 6. Section 124E.4, subsection 1, Code 2019, is amended 33 to read as follows: 34 1. a. Issuance to patient. Subject Except as otherwise 35 -1- LSB 1898SV (2) 88 ss/rh 1/ 7
S.F. 501 provided in paragraph “b” , and subject to subsection 1 7 , the department may approve the issuance of issue a 2 medical cannabidiol registration card by the department of 3 transportation to a patient who: 4 a. (1) Is at least eighteen years of age. 5 b. (2) Is a permanent resident of this state. 6 c. (3) Submits a written certification to the department 7 signed by the patient’s health care practitioner that the 8 patient is suffering from a debilitating medical condition. 9 d. (4) Submits an application to the department, on a form 10 created by the department, in consultation with the department 11 of transportation, that contains all of the following: 12 (1) (a) The patient’s full name, Iowa residence address, 13 date of birth, and telephone number. 14 (2) (b) A copy of the patient’s valid photograph 15 identification. 16 (3) (c) Full name, address, and telephone number of the 17 patient’s health care practitioner. 18 (4) (d) Full name, residence address, date of birth, and 19 telephone number of each primary caregiver of the patient, if 20 any. 21 (5) (e) Any other information required by rule. 22 e. (5) Submits a medical cannabidiol registration card 23 fee of one hundred dollars to the department. If the patient 24 attests to receiving social security disability benefits, 25 supplemental security insurance payments, or being enrolled in 26 the medical assistance program, the fee shall be twenty-five 27 dollars. 28 f. Has not been convicted of a disqualifying felony offense. 29 b. Issuance to hospice patient. Notwithstanding the 30 requirements of paragraph “a” , and subject to subsection 7, 31 the department may issue a medical cannabidiol registration 32 card to a patient who provides documentation to the department, 33 on a form prescribed by the department, that the patient is 34 receiving inpatient hospice care in this state. 35 -2- LSB 1898SV (2) 88 ss/rh 2/ 7
S.F. 501 Sec. 7. Section 124E.4, subsection 2, unnumbered paragraph 1 1, Code 2019, is amended to read as follows: 2 A medical cannabidiol registration card issued to a patient 3 by the department of transportation pursuant to subsection 1 4 shall contain, at a minimum, all of the following: 5 Sec. 8. Section 124E.4, subsection 3, unnumbered paragraph 6 1, Code 2019, is amended to read as follows: 7 For a patient in a primary caregiver’s care, subject to 8 subsection 7 , the department may approve the issuance of issue 9 a medical cannabidiol registration card by the department of 10 transportation to the primary caregiver who: 11 Sec. 9. Section 124E.4, subsection 3, paragraph b, 12 unnumbered paragraph 1, Code 2019, is amended to read as 13 follows: 14 Submits an application to the department, on a form created 15 by the department, in consultation with the department of 16 transportation, that contains all of the following: 17 Sec. 10. Section 124E.4, subsection 4, unnumbered paragraph 18 1, Code 2019, is amended to read as follows: 19 A medical cannabidiol registration card issued by the 20 department of transportation to a primary caregiver pursuant to 21 subsection 3 shall contain, at a minimum, all of the following: 22 Sec. 11. Section 124E.4, subsection 6, Code 2019, is amended 23 by striking the subsection. 24 Sec. 12. Section 124E.5, subsection 1, paragraph a, Code 25 2019, is amended to read as follows: 26 a. A medical cannabidiol board is created consisting of 27 eight practitioners representing the fields of neurology, pain 28 management, gastroenterology, oncology, psychiatry, pediatrics, 29 family medicine, and pharmacy, and one representative from law 30 enforcement , and two patients with valid medical cannabidiol 31 registration cards . 32 Sec. 13. Section 124E.5, subsection 2, Code 2019, is amended 33 to read as follows: 34 2. The medical cannabidiol board shall convene at least 35 -3- LSB 1898SV (2) 88 ss/rh 3/ 7
S.F. 501 twice but no more than four eight times per year. 1 Sec. 14. Section 124E.7, Code 2019, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 13. A medical cannabidiol manufacturer 4 may deliver medical cannabidiol to a patient at the patient’s 5 residence pursuant to rules of the department. 6 NEW SUBSECTION . 14. A medical cannabidiol manufacturer 7 shall neutralize plant material waste through the application 8 of a chemical such as bleach prior to transporting such plant 9 material waste to an approved solid waste disposal facility. 10 Sec. 15. Section 124E.11, subsection 1, paragraph b, 11 subparagraph (1), subparagraph division (a), Code 2019, is 12 amended to read as follows: 13 (a) To authorized employees or agents of the department and 14 the department of transportation as necessary to perform the 15 duties of the department and the department of transportation 16 pursuant to this chapter . 17 Sec. 16. Section 124E.11, subsection 2, paragraph i, Code 18 2019, is amended to read as follows: 19 i. Establish and implement a medical cannabidiol inventory 20 and delivery tracking system to track medical cannabidiol 21 from production by a medical cannabidiol manufacturer through 22 dispensing at a medical cannabidiol dispensary or delivery to a 23 patient at the patient’s Iowa residence . 24 Sec. 17. Section 124E.11, subsection 2, Code 2019, is 25 amended by adding the following new paragraph: 26 NEW PARAGRAPH . j. Establish the circumstances under 27 which a medical cannabidiol manufacturer may deliver medical 28 cannabidiol to a patient at the patient’s Iowa residence. 29 Sec. 18. Section 124E.12, subsection 6, Code 2019, is 30 amended to read as follows: 31 6. The department , the department of transportation, and 32 any health care practitioner person licensed, registered, or 33 certified by an entity listed in section 272C.1 , including any 34 authorized agent or employee thereof, are not subject to any 35 -4- LSB 1898SV (2) 88 ss/rh 4/ 7
S.F. 501 civil or disciplinary penalties by the board of medicine or 1 any business, occupational, or professional licensing board or 2 entity, solely for activities conducted relating to a patient’s 3 possession or use of medical cannabidiol as authorized under 4 this chapter . Such an entity shall not subject a licensed, 5 registered, or certified person to discipline relating to 6 a patient’s possession or use of medical cannabidiol as 7 authorized under this chapter. Nothing in this section affects 8 a professional licensing board from taking action in response 9 to violations of any other section of law. 10 Sec. 19. Section 124E.12, subsection 7, Code 2019, is 11 amended to read as follows: 12 7. Notwithstanding any law to the contrary, the department, 13 the department of transportation, the governor, or any employee 14 of any state agency shall not be held civilly or criminally 15 liable for any injury, loss of property, personal injury, or 16 death caused by any act or omission while acting within the 17 scope of office or employment as authorized under this chapter . 18 Sec. 20. NEW SECTION . 124E.20 Federal regulations not 19 applicable. 20 Notwithstanding any federal regulation to the contrary, the 21 use of medical cannabidiol pursuant to this chapter is not 22 subject to federal regulation. 23 Sec. 21. Section 423.3, Code 2019, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 107. The sales price of any medical 26 cannabidiol product sold by a medical cannabidiol manufacturer 27 or a medical cannabidiol dispensary pursuant to chapter 124E. 28 Sec. 22. TRANSITION PROVISIONS. A medical cannabidiol 29 registration card issued prior to July 1, 2019, remains 30 effective and continues in effect as issued for the 31 twelve-month period following its issuance. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -5- LSB 1898SV (2) 88 ss/rh 5/ 7
S.F. 501 This bill relates to the medical cannabidiol Act. 1 The bill amends the definition of debilitating medical 2 condition by removing the requirement that multiple sclerosis 3 be accompanied by severe and persistent muscle spasms, 4 replacing untreatable pain with severe or chronic pain, 5 and adding post-traumatic stress disorder to the list of 6 conditions which allow a patient to be certified by a health 7 care practitioner to receive a medical cannabidiol registration 8 card. The bill also allows a health care practitioner to 9 certify a patient to receive a medical cannabidiol registration 10 card for any other medical condition for which the health care 11 practitioner determines the use of medical cannabidiol would be 12 medically beneficial, pursuant to rules of the board licensing 13 the health care practitioner, and provide written documentation 14 to that effect to the patient. 15 The bill amends the definition of a health care practitioner 16 to allow a licensed physician assistant and a licensed advanced 17 registered nurse practitioner to certify a patient to receive a 18 medical cannabidiol registration card. 19 The bill allows the department of public health to issue a 20 medical cannabidiol registration card to a patient receiving 21 inpatient hospice care in Iowa without complying with any other 22 requirement to receive a medical cannabidiol registration card 23 after producing proof that the patient is receiving hospice 24 care. The bill also removes the restriction on certain felons 25 receiving medical cannabidiol patient registration cards. 26 The bill amends the membership of the medical cannabidiol 27 board by adding two members who are patients with valid medical 28 cannabidiol registration cards. The bill also allows the board 29 to meet up to eight times per year. 30 The bill allows medical cannabidiol manufacturers to make 31 deliveries to patients pursuant to rules of the board. The 32 bill requires medical cannabidiol manufacturers to neutralize 33 plant waste with a chemical such as bleach before transporting 34 such waste to a solid waste disposal site. Currently, such 35 -6- LSB 1898SV (2) 88 ss/rh 6/ 7
S.F. 501 material must be composted prior to transportation pursuant to 1 rules of the department. 2 The bill prohibits any licensing board from disciplining a 3 person licensed, certified, or registered by that licensing 4 board for conducting activities related to a patient’s 5 certification to purchase and consume medical cannabidiol or 6 for purchasing and consuming medical cannabidiol. 7 The bill exempts sales of medical cannabidiol products by 8 a medical cannabidiol manufacturer or a medical cannabidiol 9 dispensary pursuant to Code chapter 124E from sales tax. 10 The bill removes the department of transportation from the 11 process of issuing medical cannabidiol registration cards. 12 The bill provides that any medical cannabidiol registration 13 card issued by the department of transportation prior to July 14 1, 2019, remains in effect and continues in effect for the 15 12-month period following its issuance. The bill requires 16 the department of public health to issue medical cannabidiol 17 registration cards. 18 The bill provides that notwithstanding any contrary federal 19 regulation, the use of medical cannabidiol pursuant to Code 20 chapter 124E is not subject to federal regulation.
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