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Amendments › HF 732

Amendment H-1073 to HF 732

Relating to the medical cannabidiol Act. Vetoed 5-24-19

Withdrawn · March 26, 2019Strike everything: replaces the whole bill

Filed March 25, 2019 in the House by

What it changes

  1. By striking everything after the enacting clause and inserting: “Section
  2. Section 124E.2, subsection 2, paragraphs b and i, Code 2019, are amended to read as follows: b. Multiple sclerosis with severe and persistent muscle spasms . i. Untreatable pain Severe or chronic pain . Sec.
  3. Section 124E.2, subsection 2, Code 2019, is amended by adding the following new paragraphs: NEW PARAGRAPH . j. Glaucoma. NEW PARAGRAPH . k. Hepatitis C. NEW PARAGRAPH . l. Ehlers-Danlos syndrome. NEW PARAGRAPH . m. Post-traumatic stress disorder. NEW PARAGRAPH . n. Tourette’s syndrome. NEW PARAGRAPH . o. Muscular dystrophy. NEW PARAGRAPH . p. Huntington’s disease. NEW PARAGRAPH . q. Alzheimer’s disease. NEW PARAGRAPH . r. Complex regional pain syndrome. NEW PARAGRAPH . s. Rheumatoid arthritis. NEW PARAGRAPH . t. Trigeminal neuralgia. NEW PARAGRAPH . u. Polyarteritis nodosa. NEW PARAGRAPH . v. Any other medical condition for which the patient’s health care practitioner determines the use of medical cannabidiol could be medically beneficial pursuant to rules of the board licensing the health care practitioner. Sec.
  4. Section 124E.2, subsection 5, Code 2019, is 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, or an advanced registered nurse practitioner licensed under chapter 152 or 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 . Sec.
  6. Section 124E.2, subsection 6, Code 2019, is amended by striking the subsection and inserting in lieu thereof the following:
  7. “Medical cannabidiol” means any species of the genus cannabis plant, or any mixture or preparation of them, including whole plant extracts and resins. Sec.
  8. Section 124E.2, subsection 8, Code 2019, is amended by striking the subsection. Sec.
  9. Section 124E.3, subsection 1, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH . c. For a certification issued under section 124E.2, subsection 2, paragraph “v” , determine whether the certification would comply with rules of the board licensing the health care practitioner, and if so, provide written documentation to that effect to the patient. Sec.
  10. Section 124E.4, subsection 1, Code 2019, is amended to read as follows:
  11. a. Issuance to patient. Subject Except as otherwise provided in paragraph “b” , and 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: a. (1) Is at least eighteen years of age. b. (2) Is a permanent resident of this state. c. (3) Submits a written certification to the department signed by the patient’s health care practitioner that the patient is suffering from a debilitating medical condition. d. (4) 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: (1) (a) The patient’s full name, Iowa residence address, date of birth, and telephone number. (2) (b) A copy of the patient’s valid photograph identification. (3) (c) Full name, address, and telephone number of the patient’s health care practitioner. (4) (d) Full name, residence address, date of birth, and telephone number of each primary caregiver of the patient, if any. (5) (e) Any other information required by rule. e. (5) Submits a medical cannabidiol registration card fee of one hundred dollars to the department. If the patient attests to receiving social security disability benefits, supplemental security insurance payments, or being enrolled in the medical assistance program, the fee shall be twenty-five dollars. f. Has not been convicted of a disqualifying felony offense. b. Issuance to hospice patient. Subject to subsection 7, the department may issue a medical cannabidiol registration card to a patient who provides documentation to the department, on a form prescribed by the department, that the patient is receiving inpatient hospice care in this state. Sec.
  12. Section 124E.4, subsection 2, unnumbered paragraph 1, Code 2019, 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.
  13. Section 124E.4, subsection 3, unnumbered paragraph 1, Code 2019, 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.
  14. Section 124E.4, subsection 3, paragraph b, unnumbered paragraph 1, Code 2019, 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.
  15. Section 124E.4, subsection 4, unnumbered paragraph 1, Code 2019, 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.
  16. Section 124E.4, subsection 6, Code 2019, is amended by striking the subsection. Sec.
  17. Section 124E.5, subsection 1, paragraph a, Code 2019, is amended to read as follows: a. A medical cannabidiol board is created consisting of eight practitioners representing the fields of neurology, pain management, gastroenterology, oncology, psychiatry, pediatrics, family medicine, and pharmacy, and one representative from law enforcement , and three patients with valid medical cannabidiol registration cards . Sec.
  18. Section 124E.5, subsection 2, Code 2019, is amended to read as follows:
  19. The medical cannabidiol board shall convene at least twice but no more than four six times per year. Sec.
  20. Section 124E.5, subsection 4, Code 2019, is amended to read as follows:
  21. Recommendations made by the medical cannabidiol board pursuant to subsection 3 , paragraphs “b” and “e” , shall be made to the board of medicine department for consideration, and if approved, shall be adopted by the board of medicine department by rule. Sec.
  22. Section 124E.7, Code 2019, is amended by adding the following new subsection: NEW SUBSECTION .
  23. A medical cannabidiol manufacturer may deliver medical cannabidiol to a patient at the patient’s Iowa residence pursuant to rules of the department. Sec.
  24. Section 124E.8, subsection 1, paragraph a, Code 2019, is amended to read as follows: a. The department shall issue a request for proposals to select and license by April 1, 2018 2020 , up to five thirty medical cannabidiol dispensaries to dispense medical cannabidiol within this state consistent with the provisions of this chapter . The department shall license new medical cannabidiol dispensaries or relicense the existing medical cannabidiol dispensaries by December 1 of each year. Sec.
  25. Section 124E.11, subsection 1, paragraph b, subparagraph (1), subparagraph division (a), Code 2019, 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.
  26. Section 124E.11, subsection 2, paragraph c, Code 2019, is amended to read as follows: c. Establish the form and quantity of medical cannabidiol allowed to be dispensed to a patient or primary caregiver pursuant to this chapter as appropriate to serve the medical needs of patients with debilitating medical conditions, subject to recommendation by the medical cannabidiol board and approval by the board of medicine department . Sec.
  27. Section 124E.11, subsection 2, paragraph i, Code 2019, is amended to read as follows: i. Establish and implement a medical cannabidiol inventory and delivery tracking system to track medical cannabidiol from production by a medical cannabidiol manufacturer through dispensing at a medical cannabidiol dispensary or delivery to a patient at the patient’s Iowa residence . Sec.
  28. Section 124E.11, subsection 2, Code 2019, is amended by adding the following new paragraph: NEW PARAGRAPH . j. Establish the circumstances under which a medical cannabidiol manufacturer may deliver medical cannabidiol to a patient at the patient’s Iowa residence. Sec.
  29. Section 124E.12, subsection 6, Code 2019, is amended to read as follows:
  30. The department , the department of transportation, and any health care practitioner person licensed, registered, or certified by an entity listed in section 272C.1 , including any authorized agent or employee thereof, are not subject to any civil or disciplinary penalties by the board of medicine or any business, occupational, or professional licensing board or entity, solely for activities conducted relating to a patient’s possession or use of medical cannabidiol as authorized under this chapter . Such an entity shall not subject a licensed, registered, or certified person to discipline relating to a patient’s possession or use of medical cannabidiol as authorized under this chapter. Nothing in this section affects a professional licensing board from taking action in response to violations of any other section of law. Sec.
  31. Section 124E.12, subsection 7, Code 2019, is amended to read as follows:
  32. 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.
  33. TRANSITION PROVISIONS. A medical cannabidiol registration card issued prior to July 1, 2019, remains effective and continues in effect as issued for the twelve-month period following its issuance.”

Official amendment (PDF) · In the Bill Book