ARC 5861C

ARC 5861C

MEDICINE BOARD[653]

Adopted and Filed

Rule making related to medical cannabidiol

The Board of Medicine hereby amends Chapter 13, "Standards of Practice and Principles of Medical Ethics," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is adopted under the authority provided in Iowa Code section 272C.3.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code section 124E.2.

Purpose and Summary

This rule making implements 2020 Iowa Acts, House File 2589, which amended Iowa Code section 124E.2 to make changes to the definitions of "debilitating medical condition" and "medical cannabidiol." Specifically, one of the conditions listed under "debilitating medical condition," Iowa Code section 124E.2(2)"i," was amended to read "chronic pain." The legislation also amended the definition to add a condition, "post-traumatic stress disorder." The definition of "medical cannabidiol," Iowa Code section 124E.2(10), was amended to remove the reference to the 3 percent tetrahydrocannabinol level limit.

Public Comment and Changes to Rule Making

Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on June 2, 2021, as ARC 5668C. A virtual public hearing was held on June 22, 2021, at 9 a.m. No one attended the public hearing. No public comments were received. No changes from the Notice have been made.

Adoption of Rule Making

This rule making was adopted by the Board on July 23, 2021.

Fiscal Impact

This rule making has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rule making, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee's meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

Effective Date

This rule making will become effective on September 29, 2021.

The following rule-making action is adopted:

Amend subrule 13.15(1), definitions of "Debilitating medical condition" and "Medical cannabidiol," as follows:

"Debilitating medical condition" means any of the following:

1. to 8. No change.

9.Untreatable Chronic pain.

10.No change.

11.Severe, intractable pediatric autism with self-injurious or aggressive behaviors.

12.No change.

13.Post-traumatic stress disorder.

"Medical cannabidiol" means any pharmaceutical grade cannabinoid found in the plant Cannabis sativa L. or Cannabis indica or any other preparation thereof that has a tetrahydrocannabinol level of no more than 3 percent and that 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.

[Filed 8/3/21, effective 9/29/21]

[Published 8/25/21]

Editor's Note: For replacement pages for IAC, see IAC Supplement 8/25/21.