House File 524 Iowa Medical Cannabidiol Law Implementation - Office of Medical Cannabidiol
←
→
Page content transcription
If your browser does not render page correctly, please read the page content below
House File 524 Iowa Medical Cannabidiol Law Implementation Office of Medical Cannabidiol I O WA D E PA RT M E N T O F P U B L I C H E A LT H Protecting and Improving the Health of Iowans Jill Myers Geadelmann, BS, RN – Chief, Chronic Disease Prevention and Management
House File 524 provides: A person may knowingly or intentionally: - recommend, - possess, - use, - dispense, - deliver, - transport, or - administer cannabidiol if the recommendation, possession, use, dispensing, delivery, transporting, or administering is in accordance with the providers of Chapter 124E. HF 524 was enacted on 5/12/2017
- any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica; or Medical - any other preparation thereof that has a Cannabidiol tetrahydrocannabinol level of no more than Defined three percent; and - is delivered in a form recommended by the Medical Cannabidiol Board; - approved by the Board of Medicine; and - adopted by the Department pursuant to rule.
• Convening of Medical Cannabidiol Advisory Board • Issuance of Patient and Primary Care Giver Components Registration Cards of the Law • Licensing of two in-state Manufacturers • Licensing of two dispensaries from out-of-state • Licensing of up to five in-state dispensaries • Monitoring of manufacturing and dispensing of CBD and other cannabinoids • Provision of legal protections
Medical Cannabidiol Board
The board is comprised of eight practitioners representing the fields of: - neurology; Medical - pain management; Practitioners shall be licensed in Iowa, Cannabidiol - gastroenterology; nationally board- Board - oncology; certified in their area of specialty, - psychiatry; and knowledgeable about the use of - pediatrics; medical cannabidiol. - family medicine; and - pharmacy. The board will also have one representative from law enforcement.
Newly Appointed Board
Board Duties A. Accepting and reviewing petitions to add medical conditions, medical treatments, or debilitating diseases for which the use of cannabidiol would be medically beneficial; B. Making recommendations regarding removal or additions to the list of qualifying debilitating medical conditions; C. Working with the Department on licensure requirements and procedures; D. Advising regarding the manufacturer and dispensing locations across the state; and
Board Duties E. Making recommendations on the form and quantity of allowable medical cannabidiol uses. F. On or before January 1 of each year, beginning January 1, 2018, the board shall submit a report detailing the activities of the board. G. The board may recommend a statutory revision to the definition of medical cannabidiol in 124E that increases the THC level to more than three percent.
Registration Card Application Process
Approval for Medical Cannabidiol Registration Cards is provided to eligible Card patients and their designated primary Approval caregivers through an application process managed by the Iowa Department of Public and Health. Issuance Issuance of cards to approved applicants is performed by the Iowa Department of Transportation at any Iowa Driver’s License Issuance Station. Once issued, cards are effective for 365 days from the date of issuance. Applicants may apply for another card beginning 60 days prior to expiration of their existing card.
The patient and/or primary caregiver initiates the card application process. Application forms are available on the Iowa Department of Public Health Website at: https://idph.iowa.gov/mcarcp Registration Card Process Protecting and Improving the Health of Iowans
Patient Means a person who has one or more of the qualifying debilitating medical conditions and: A. Is of any age; and B. A permanent resident of Iowa;
A. At least 18 years of age. B. Is a permanent resident of Iowa. C. Submits a written certification to the department signed by the patient’s health care practitioner that the patient is Patient suffering from a debilitating medical condition. Qualifications D. Submits an application to the Department, on a form created by the Department, in consultation with the Department of Transportation E. Submits a medical cannabidiol registration fee of $100, or a reduced fee of $25 (recipients of social security disability benefits, supplemental security insurance payments, or being enrolled in the medical assistance program.) F. Has not been convicted of a disqualifying felony offense.
Patient Application Sections: • Patient Information • Primary Care Giver Designation – Optional • Health Care Practitioner Section • Health Care Practitioner Certification • Patient Application Checklist $100/$25 application fee
A. Cancer, if the underlying condition or treatment produces one or more of the following: Qualifying (1) Severe or chronic pain. Debilitating (2) Nausea or severe vomiting. Medical (3) Cachexia or severe wasting. Conditions B. Multiple Sclerosis with severe and persistent muscle spasms. C. Seizures, including those characteristic of epilepsy. D. AIDS/HIV as defined in Section 141A.1. E. Crohn’s Disease. F. Amyotrophic Lateral Sclerosis.
G. Any terminal illness, with a probably life expectancy of under one year, if the illness or its treatment produces one or more of the Qualifying following: Debilitating (1) Severe or chronic pain. Medical (2) Nausea or severe vomiting. Conditions (3) Cachexia or severe wasting. H. Parkinson’s Disease. I. Untreatable pain (any pain whose cause cannot be removed and, according to generally accepted medical practice, the full range of pain management modalities appropriate for the patient has been used without adequate result or with intolerable side effects.)
Primary Caregiver Means a person who: A. Is a resident of this state or a bordering state as defined in Section 331.910; B. Is at least 18 years of age; and B. Is a patient’s parent or legal guardian, or another individual who has designated by a patient’s health care practitioner as a necessary caretaker taking responsibility for managing the well-being of the patient with respect to the use of medical cannabidiol pursuant to the provisions of Chapter 124E.
A. Submits a written certification to the department signed by the patient’s health care practitioner that the patient in the primary caregiver’s care is suffering from a Primary debilitating medical condition. Caregiver B. Submits an application to the Department, on a form created by the Qualifications Department, in consultation with the Department of Transportation C. Has not been convicted of a disqualifying felony offense. D. Submits a medical cannabidiol registration fee of $25 to the Department.
Primary Caregiver Application Sections: • Primary Caregiver Information • Patient Information • Health Care Practitioner Certification • Primary Caregiver Application Checklist $25 application fee
Health Care Provider Responsibilities
Patients and primary care givers must obtain the certification of the patient’s qualifying Is a special debilitating medical condition for the certificate or application process. license needed “Health care practitioner” means individuals to certify a licensed under Chapter 148 to practice patient’s medicine and surgery or osteopathic condition? medicine and surgery in Iowa. “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.
HF 524 provides that health care practitioners are under no obligation to provide the written certification of a medically debilitating condition for a patient.
Provider/Patient Education Material https://idph.iowa.gov/Medical-Cannabidiol-Act-Registration-Card- Program/Medical-Cannabidiol-Education-Material
What “Section 15. 124E.11 Use of Medical Cannabidiol – Affirmative Defenses. protections does the law A health care practitioner, including any authorized agent or employee thereof, shall not provide for be subject to prosecution for the unlawful physicians who certification, possession, or administration of provide the marijuana under the laws of this state for activities arising directly out of or directly related certification? to the certification or use of medical cannabidiol in the treatment of a patient diagnosed with a debilitating medical condition as authorized by this chapter.”
By December 1, 2018, patients and primary care givers will be able to access medical How will my cannabidiol for their debilitating conditions patients obtain through licensed dispensaries. cannabidiol in Iowa? Up to five dispensaries will be licensed by April 1, 2018 and positioned in various locations around the state.
Legal Manufacturing and Dispensing of CBD in Iowa
HF 524 dictates that licensing of two in-state manufacturers be completed by December 1, 2017. Manufacturing applicants will pay a fee of $7,500 upon application. Manufacturing An annual fee will be assessed to the two licensed manufacturers. Protecting and Improving the Health of Iowans
1. Licensing of up to five in-state dispensaries: ◦ Licensed by April 1, 2018; ◦ Payment of $5,000 upon application; and ◦ Ready to dispense CBD by December 1, 2018 2. Licensing of two out-of-state dispensaries: ◦ Licensed by December 1, 2017; Dispensing ◦ Payment of $5,000 upon application HF 524 – (Not an active approach – awaiting legal Three Provisions for opinion) CBD Dispensing 3. Reciprocity with the State of Minnesota and its dispensaries: (Not an active approach due to Minnesota law) Protecting and Improving the Health of Iowans
Office of Medical Cannabidiol (OMC) Iowa Department of Public Health 321 E. 12th Street Des Moines, IA 50319-0075 Questions? Randy Mayer, OMC Coordinator Chief, Bureau of HIV, STD and Hepatitis Phone: 515-242-5150 Email: randall.mayer@idph.iowa.gov Dispensaries, Manufacturing, Cannabidiol Board Jill Myers Geadelmann, BS, RN Chief, Bureau of Chronic Disease Prevention & Management Phone: 515-242-6067 Email: jill.myers-Geadelmann@idph.iowa.gov Registration Application Process Protecting and Improving the Health of Iowans
You can also read