House File 524 Iowa Medical Cannabidiol Law Implementation - Office of Medical Cannabidiol

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House File 524 Iowa Medical Cannabidiol Law Implementation - Office of Medical Cannabidiol
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 Iowa Medical Cannabidiol Law Implementation - Office of Medical Cannabidiol
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
House File 524 Iowa Medical Cannabidiol Law Implementation - Office of Medical Cannabidiol
- 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
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