Bills › 88th General Assembly

Where it is now

  1. Done: IntroducedFebruary 12, 2019
  2. Done: SubcommitteeFebruary 13, 2019
  3. Done: Senate committeeMarch 6, 2019
  4. Skipped: Passes the SenateContinued as SF 501
  5. Next: House committee
  6. Next: Passes the House
  7. Next: To the Governor
  8. Next: Signed into law

Became SF 501 → Its progress continues under the new number. Go to SF 501 What’s a funnel?

What’s in it

This bill relates to the medical cannabidiol Act. The bill amends the definition of debilitating medical condition by removing the requirement that multiple sclerosis be accompanied by severe and persistent muscle spasms, replacing untreatable pain with severe or chronic pain, and adding post-traumatic stress disorder to the list of conditions which allow a patient to be certified by a health care practitioner to receive a medical cannabidiol registration card. The bill also allows a health care practitioner to certify a patient to receive a medical cannabidiol registration card for any other medical condition for which the health care practitioner determines the use of medical cannabidiol would be medically beneficial, pursuant to rules of the board licensing the health care practitioner, and provide written documentation to that effect to the patient.

Read the full explanation

The bill amends the definition of a health care practitioner to allow a licensed physician assistant and a licensed advanced registered nurse practitioner to certify a patient to receive a medical cannabidiol registration card. The bill allows the department of public health to issue a medical cannabidiol registration card to a patient receiving inpatient hospice care in Iowa without complying with any other requirement to receive a medical cannabidiol registration card after producing proof that the patient is receiving hospice care. The bill also removes the restriction on certain felons receiving medical cannabidiol patient registration cards. The bill amends the membership of the medical cannabidiol board by adding two members who are patients with valid medical cannabidiol registration cards. The bill also allows the board to meet up to eight times per year. The bill allows medical cannabidiol manufacturers to make deliveries to patients pursuant to rules of the board. The bill requires medical cannabidiol manufacturers to neutralize plant waste with a chemical such as bleach before transporting such waste to a solid waste disposal site. Currently, such material must be composted prior to transportation pursuant to rules of the department. The bill prohibits any licensing board from disciplining a person licensed, certified, or registered by that licensing board for conducting activities related to a patient’s certification to purchase and consume medical cannabidiol or for purchasing and consuming medical cannabidiol. The bill exempts sales of medical cannabidiol products by a medical cannabidiol manufacturer or a medical cannabidiol dispensary pursuant to Code chapter 124E from sales tax. The bill removes the department of transportation from the process of issuing medical cannabidiol registration cards. The bill provides that any medical cannabidiol registration card issued by the department of transportation prior to July 1, 2019, remains in effect and continues in effect for the 12-month period following its issuance. The bill requires the department of public health to issue medical cannabidiol registration cards.

Full bill text1

Senate subcommittee

Named February 13, 2019. It hasn’t reported yet.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

Fiscal note

AI summary This bill expands the list of medical conditions eligible for medical cannabidiol, changes who can certify patients, and moves the registration card process from the Department of Transportation to the Department of Public Health. The Department of Transportation is projected to save an estimated $27,000 annually, while the Department of Public Health faces estimated costs of $5,000 for updating patient tracking and $100,000 for IT development. Additionally, the bill is estimated to decrease General Fund sales and use tax receipts by $72,600 annually beginning in fiscal year 2020, along with annual decreases of $14,500 for Secure an Advanced Vision for Education revenues and $14,500 for local option sales tax.2

Read the fiscal note

Description

Senate File 501 amends the Iowa Medical Cannabidiol (mCBD) Program. Changes relevant to the fiscal impact include:

  • Revises and expands the list of debilitating medical conditions for which mCBD may be used.
  • Expands the definition of “health care practitioner” to include physician assistants and advanced registered nurse practitioners and makes conforming program changes.
  • Removes the Department of Transportation (DOT) from the mCBD registration card issuing process, provides that the Department of Public Health (DPH) shall issue the registration cards to patients, and makes conforming changes.
  • Allows issuance of an mCBD card to hospice patients.
  • Removes restrictions on felons.
  • Allows a manufacturer to deliver mCBD to a patient at the patient’s residence and makes conforming program changes.
  • Exempts mCBD products from the sales tax.

Background

Sales of mCBD through the Iowa mCBD Program began in December 2018.

Assumptions

  • There will be information technology (IT) development costs to the DPH for printing registration cards.
  • There will be IT costs incurred by DPH for developing the seed-to-sale system to allow manufacturers and dispensaries to deliver products to patients.
  • Expanding debilitating medical conditions for which mCBD may be used and allowing for more certifying health care practitioners will increase patient access to mCBD.
  • Sales of mCBD from December 2018 through February 2019 totaled approximately $363,000, sold to 1,188 unique card holders. These average monthly sales of $121,000 will continue.
  • As of July 1, 2019, the five mCBD dispensaries will be in municipalities with a local option sales tax.
  • The DOT is currently issuing mCBD cards at a loss of approximately $10 per card. There are also ongoing IT maintenance expenditures.
  • The mCBD Program is a fee-sustaining program.

Fiscal Impact

To the extent that more patients qualify for the Program and more certifying health care practitioners are available to certify conditions, there will be increased applications to the DPH for mCBD registration. If the application volume increases enough, the DPH will need to hire additional registration clerks at approximately $47,000 for every 3,000 applications received in a given year.

Costs associated with updating the patient tracking system for the DPH to issue cards are estimated at $5,000. The DOT operating budget is projected to save an estimated $27,000 annually, due to no longer having to issue registration cards.

The cost associated with the DPH’s IT development for allowing manufacturers and dispensaries to deliver products to patients is estimated at $100,000. The Bill will decrease sales and use tax receipts in the General Fund by an estimated $72,600 annually beginning in FY 2020. Secure an Advanced Vision for Education (SAVE) revenues will decrease by an estimated $14,500 annually, and local option sales tax will decrease by $14,500 annually.

Sources

  • Department of Public Health
  • Department of Transportation
  • Department of Revenue
  • LSA analysis and calculations

The estimate held steady

  1. $47,000 March 15, 2019
  2. $47,000 March 25, 2019
3

Reading a fiscal note4

Iowa Code it changes

Amends§124E.11§124E.12§124E.2§124E.3§124E.4§124E.5§124E.7§423.3

How the Code works5

Lobbying

12 for · 2 against · 22 undecided · Who →

Family tree

Similar bills

  • SF 408 Relating to the medical cannabidiol Act
    88th General Assembly · In committee
    Similar

Matched by wording or an identical title.