Bill Text: IA SF77 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the regulation of medical cannabidiol, by altering the list of debilitating medical conditions and changing the definition of medical cannabidiol under the medical cannabidiol Act.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-01-31 - Subcommittee recommends passage. [SF77 Detail]

Download: Iowa-2019-SF77-Introduced.html
Senate File 77 - Introduced SENATE FILE 77 BY ZAUN and BOULTON A BILL FOR An Act relating to the regulation of medical cannabidiol, by 1 altering the list of debilitating medical conditions and 2 changing the definition of medical cannabidiol under the 3 medical cannabidiol Act. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1173XS (2) 88 ss/rh
S.F. 77 Section 1. Section 124E.2, subsections 2 and 6, Code 2019, 1 are amended to read as follows: 2 2. “Debilitating medical condition” means any of the 3 following: 4 a. Cancer, if the underlying condition or treatment produces 5 one or more of the following: 6 (1) Severe or chronic pain. 7 (2) Nausea or severe vomiting. 8 (3) Cachexia or severe wasting. 9 b. Multiple sclerosis with severe and persistent muscle 10 spasms . 11 c. Seizures, including those characteristic of epilepsy. 12 d. AIDS or HIV as defined in section 141A.1 . 13 e. Crohn’s disease. 14 f. Amyotrophic lateral sclerosis. 15 g. Any terminal illness, with a probable life expectancy of 16 under one year, if the illness or its treatment produces one or 17 more of the following: 18 (1) Severe or chronic pain. 19 (2) Nausea or severe vomiting. 20 (3) Cachexia or severe wasting. 21 h. Parkinson’s disease. 22 i. Untreatable pain Severe or chronic pain . 23 j. Any other medical condition for which the patient’s 24 health care practitioner determines the use of medical 25 cannabidiol could be medically beneficial. 26 6. “Medical cannabidiol” means any pharmaceutical 27 grade cannabinoid found in the plant Cannabis sativa L. or 28 Cannabis indica or any other preparation thereof that has a 29 tetrahydrocannabinol level of no more than three thirteen 30 percent and that is delivered in a form recommended by the 31 medical cannabidiol board, approved by the board of medicine, 32 and adopted by the department pursuant to rule. 33 Sec. 2. Section 124E.2, subsection 8, Code 2019, is amended 34 by striking the subsection. 35 -1- LSB 1173XS (2) 88 ss/rh 1/ 3
S.F. 77 Sec. 3. Section 124E.3, subsection 1, paragraph a, Code 1 2019, is amended to read as follows: 2 a. (1) Determine, in the health care practitioner’s medical 3 judgment, whether the patient whom the health care practitioner 4 has examined and treated suffers from a debilitating medical 5 condition that qualifies for the use of medical cannabidiol 6 under this chapter , and if so determined, provide the patient 7 with a written certification of that diagnosis. 8 (2) If a health care practitioner determines that the 9 patient whom the health care practitioner has examined and 10 treated suffers from a debilitating medical condition pursuant 11 to section 124E.2, subsection 2, paragraph “j” , that qualifies 12 for the use of medical cannabidiol under this chapter, the 13 health care practitioner’s written certification shall be based 14 on reasonable medical evidence, and shall be made in good 15 faith, in the best interest of the patient, without fraudulent 16 intent, and with the same reasonable medical judgment and 17 prudence exercised according to generally accepted medical 18 practice. 19 Sec. 4. Section 124E.5, subsection 6, Code 2019, is amended 20 to read as follows: 21 6. The medical cannabidiol board may recommend a statutory 22 revision to the definition of medical cannabidiol contained 23 in this chapter that increases the tetrahydrocannabinol 24 level to more than three thirteen percent, however, any such 25 recommendation shall be submitted to the general assembly 26 during the regular session of the general assembly following 27 such submission. The general assembly shall have the sole 28 authority to revise the definition of medical cannabidiol for 29 purposes of this chapter . 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to the regulation of medical cannabidiol. 34 The bill amends the definition of “debilitating medical 35 -2- LSB 1173XS (2) 88 ss/rh 2/ 3
S.F. 77 condition” under the medical cannabidiol Act (Code chapter 1 124E) by removing the requirement that multiple sclerosis be 2 accompanied by severe and persistent muscle spasms, replacing 3 the term “untreatable pain” with “severe or chronic pain”, and 4 including any medical condition for which a patient’s health 5 care practitioner determines the use of medical cannabidiol 6 could be medically beneficial. 7 The bill requires that any certification made by a health 8 care practitioner for a patient for any medical condition 9 not explicitly included on the list of debilitating medical 10 conditions shall be made by a health care practitioner pursuant 11 to reasonable medical evidence, in good faith, in the best 12 interest of the patient, without fraudulent intent, and with 13 the same reasonable medical judgment and prudence exercised 14 according to generally accepted medical practice. Under 15 current law, a health care practitioner may only issue a 16 written certification for a debilitating medical condition 17 explicitly included on the list of debilitating medical 18 conditions. A written certification may be renewed on an 19 annual basis if the health care practitioner determines that 20 the patient continues to suffer from the debilitating medical 21 condition. 22 The bill alters the definition of medical cannabidiol by 23 increasing the allowable tetrahydrocannabinol (THC) level in 24 medical cannabidiol from no more than 3 percent to no more 25 than 13 percent. The medical cannabidiol board retains the 26 authority to recommend increasing the allowable THC level. 27 -3- LSB 1173XS (2) 88 ss/rh 3/ 3
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