reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 153 - Smokefree Air › Rule 641-153.5 - Duties of Employers, Owners, Operators, Managers, and Persons Having Custody or Control of a Public Place, Place of Employment, Area Declared Nonsmoking Pursuant To, Section 5, or Outdoor Areas Where Smoking Is Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The employer,
			 owner, operator, manager, or person having custody or control of a place where
			 smoking is prohibited under 2008 Iowa Acts, House File 2212, shall:
a. Not permit smoking in a public place,
			 place of employment, outdoor area where smoking is prohibited, or an area
			 declared nonsmoking pursuant to 2008 Iowa Acts, House File 2212, section
			 5.
b. Inform all current employees
			 and all prospective employees upon application for employment of the
			 prohibitions of 2008 Iowa Acts, House File 2212.
c. Not retaliate against any employee,
			 applicant for employment, or customer that exercises any rights under 2008 Iowa
			 Acts, House File 2212, registers a complaint, or attempts to prosecute a
			 violation of 2008 Iowa Acts, House File 2212.
d. Post signs in and at every entrance to the
			 public place, place of employment, area declared nonsmoking, and outdoor area
			 where smoking is prohibited that clearly and conspicuously inform persons that
			 they are entering a no smoking facility or area.
(1) The signs shall be clear and conspicuous
			 in or at the entrance where posted.
(2) The signs shall be at least 24 square
			 inches in size (for example, 4 inches by 6 inches) and shall be in legible font
			 type.
(3) The signs shall contain
			 the words "No Smoking" or the international "no smoking" symbol; the telephone
			 number for reporting complaints, 1-888-944-2247; and the department of public
			 health Web site,
www.IowaSmokefreeAirgov
.
e. Place no smoking signs in every
			 vehicle that constitutes a public place, place of employment, or area declared
			 nonsmoking pursuant to 2008 Iowa Acts, House File 2212, section 5.
(1) Such signs shall be clear and conspicuous
			 from the exterior of the vehicle.
(2) The signs shall be at least 9 square
			 inches (for example, 3 inches by 3 inches) and shall be in legible font
			 type.
(3) The signs shall contain
			 the words "No Smoking" or the international "no smoking" symbol; the telephone
			 number for reporting complaints, 1-888-944-2247; and the department of public
			 health Web site,
www.IowaSmokefreeAirgov
.
(4) Nothing in this rule requires the
			 placement of a sign in any vehicle that the director of the department of
			 administrative services or the director of transportation orders to receive a
			 regular registration plate pursuant to Iowa Code section
			 321.19.
f. Remove all ashtrays from areas
			 where smoking is prohibited.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 153 - Smokefree Air › Rule 641-153.6 - Duties of Other State Agencies and Political Subdivisions

Current through Register Vol. 47, No. 3, July 24, 2024
A state agency or political subdivision which inspects public
				places shall assess compliance with the requirements of these rules and 2008
				Iowa Acts, House File 2212, during any inspection process and shall report any
				violations of 2008 Iowa Acts, House File 2212, to the
				department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 153 - Smokefree Air › Rule 641-153.7 - Leases

Current through Register Vol. 47, No. 3, July 24, 2024
Any lease entered into by the state or its political
				subdivisions on or after July 1, 2008, shall require that all areas where
				smoking is prohibited in 2008 Iowa Acts, House File 2212, section 3, comply
				with the provisions of 2008 Iowa Acts, House File 2212.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 153 - Smokefree Air › Rule 641-153.8 - Complaints and Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Duties of department.
The department shall maintain a system
			 for receiving and investigating complaints against persons who own, operate,
			 manage, or otherwise have custody or control of a place where smoking is
			 prohibited and who fail to comply with the provisions of 2008 Iowa Acts, House
			 File 2212.
a. Pursuant to 2008 Iowa Acts,
			 House File 2212, section 9, subsection 7, the department may designate one or
			 more public agencies through a 28E agreement or other written contract to
			 assist with the enforcement of 2008 Iowa Acts, House File 2212.
b. The department may refer complaints
			 regarding a violation of 2008 Iowa Acts, House File 2212, to the law
			 enforcement authorities of the state or of the political subdivision of the
			 state in which the alleged violation occurred.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.2 - Health Care Practitioner Certification-duties and Prohibitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to a
			 patient's submission of an application for a medical cannabidiol registration
			 card pursuant to this rule, a health care practitioner shall do all of the
			 following:
a. Determine, in the health care
			 practitioner's medical judgment, whether the patient whom the health care
			 practitioner has examined and treated suffers from a debilitating medical
			 condition that qualifies for the use of medical cannabidiol as defined by this
			 chapter, and if so determined, provide the patient with a written certification
			 of that diagnosis by completing the health care practitioner section of the
			 application form provided for this purpose on the department's website (
www.idph.iowa.gov
).
(1) If the health care practitioner provides
			 written certification that a patient's qualifying debilitating medical
			 condition is a terminal illness with a life expectancy of less than one year,
			 the health care practitioner shall determine an appropriate total
			 tetrahydrocannabinol cap. The health care practitioner shall indicate the total
			 tetrahydrocannabinol cap on the written certification.
(2) If the health care practitioner
			 determines that 4.5 grams of total tetrahydrocannabinol in a 90-day period is
			 insufficient to treat a patient's qualifying debilitating medical condition and
			 the patient has participated in the medical cannabidiol program, the health
			 care practitioner may recommend a higher total tetrahydrocannabinol cap. The
			 health care practitioner shall indicate the higher total tetrahydrocannabinol
			 cap on the written certification.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.2 - Health Care Practitioner Certification-duties and Prohibitions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Prior to a
			 patient's submission of an application for a medical cannabidiol registration
			 card pursuant to this rule, a health care practitioner shall follow all
			 provisions of Iowa Code section
			 124E.3, this chapter and
			 requests from the department for more information.
a. The written documentation required by Iowa
			 Code section 124E.3(1)
"a"
shall be submitted on the application form at the
			 department's website.
b.
			 Explanatory information pursuant to Iowa Code section
			 124E.3(1)
"b"
is located at the department's website.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.3 - Medical Cannabidiol Registration Card-application and Issuance to Patient

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Subject to subrule 154.3(7), the department may issue a medical cannabidiol
			 registration card to a patient who:
a. Is at
			 least 18 years of age.
b. Is a
			 permanent resident of Iowa.
c.
			 Submits a written certification to the department, provided to the patient
			 pursuant to rule 641-154.2 (124E) and signed by
			 the patient's health care practitioner certifying that the patient is suffering
			 from a debilitating medical condition.
d. Submits an application to the department,
			 on a form created by the department and available at the department's website
			 (
www.idph.iowa.gov
), that contains all
			 of the following:
(1) The patient's full legal
			 name, Iowa residence address, mailing address (if different from the patient's
			 residence address), telephone number, date of birth, and sex designation. The
			 patient shall not provide as a mailing address an address for which a
			 forwarding order is in place.
(2) A
			 copy of the patient's valid photo identification. Acceptable photo
			 identification includes:
1. A valid Iowa
			 driver's license,
2. A valid Iowa
			 nonoperator's identification card, or
3. An alternative form of valid photo
			 identification. A patient who possesses or is eligible for an Iowa driver's
			 license or an Iowa nonoperator's identification card shall present such
			 document as valid photo identification. A patient who is ineligible or unable
			 to obtain an Iowa driver's license or an Iowa nonoperator's identification card
			 may apply for an exemption and request submission of an alternative form of
			 valid photo identification. A patient who applies for an exemption is subject
			 to verification of the patient's identity through a process established by the
			 department to ensure the genuineness, regularity, and legality of the
			 alternative form of valid photo identification.
(3) Full name, address, and telephone number
			 of the patient's health care practitioner.
(4) Full legal name, residence address, date
			 of birth, and telephone number of each primary caregiver of the patient, if
			 any.
(5) An attestation as to the
			 truthfulness and accuracy of the information provided by the patient on the
			 application.
e. Submits
			 the required fee, as described in subrule 154.12(1).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.3 - Medical Cannabidiol Registration Card-application and Issuance to Patient

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department may issue a registration card to a patient who meets the criteria
			 listed at Iowa Code section
			 124E.4(1). The
			 application form is available on the department's website. The department shall
			 not approve an application that does not include the information requested on
			 the application form.
(2) Upon the
			 completion, verification, and approval of the patient's application and the
			 receipt of the required fee, the department shall issue a registration card to
			 the patient.
(3) A registration
			 card issued to a patient shall contain all of the following:
a. The patient's full legal name, Iowa
			 residence address, date of birth, and sex designation, as shown on the
			 patient's valid photo identification. If the patient's information has changed
			 since the issuance of the patient's valid photo identification, the patient
			 shall first update the patient's valid identification to reflect the patient's
			 current information.
b. The date of
			 issuance and the date of expiration, which shall be one year from the date of
			 issuance.
c. A distinguishing
			 registration number that is not the patient's social security number.
d. A statement that the registration card is
			 not valid for identification purposes.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.4 - Medical Cannabidiol Registration Card-application and Issuance to Primary Caregiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For a
			 patient in a primary caregiver's care, the department may issue a medical
			 cannabidiol registration to a primary caregiver who:
a. Is at least 18 years of age.
b. Submits a written certification to the
			 department, provided to the patient pursuant to rule
			 641-154.2 (124E) and signed by
			 the patient's health care practitioner certifying that the patient is suffering
			 from a debilitating medical condition.
c. Submits an application as a primary
			 caregiver for each patient for whom the person is the primary caregiver. The
			 primary caregiver application must be on a form created by the department and
			 available at the department's website
(
www.idph.iowa.gov
)
that contains all of the following:
(1) The primary caregiver's full legal name,
			 residence address, mailing address (if different from the primary caregiver's
			 residence address), telephone number, date of birth, and sex designation. The
			 primary caregiver shall not provide as a mailing address an address for which a
			 forwarding order is in place.
(2)
			 The patient's full legal name, date of birth, and parent or legal guardian's
			 name if the patient is under the age of 18.
(3) A copy of the primary caregiver's valid
			 photo identification. Acceptable photo identification includes:
1. A valid Iowa driver's license,
2. A valid Iowa nonoperator's identification
			 card,
3. If the primary caregiver
			 is not a resident of the state of Iowa, a valid state-issued driver's license
			 or nonoperator's identification card issued by a state other than Iowa,
			 or
4. An alternative form of valid
			 photo identification. A primary caregiver who possesses or is eligible for a
			 driver's license or a nonoperator's identification card shall present such
			 document as valid photo identification. A primary caregiver who is ineligible
			 to obtain a driver's license or a nonoperator's identification card may apply
			 for an exemption and request submission of an alternative form of valid photo
			 identification. A primary caregiver who applies for an exemption is subject to
			 verification of the primary caregiver's identity through a process established
			 by the department to ensure the genuineness, regularity, and legality of the
			 alternative form of valid photo identification.
(4) Full name, address, and telephone number
			 of the patient's health care practitioner.
(5) An attestation as to the truthfulness and
			 accuracy of the information provided by the primary caregiver on the
			 application.
d. Submits
			 the required fee, as described in subrule 154.12(2).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.4 - Medical Cannabidiol Registration Card-reciprocity

Current through Register Vol. 47, No. 3, July 24, 2024
A medical cannabidiol registration card shall hold reciprocity
				with other states pursuant to Iowa Code section
				124E.18.
(1) A patient with a valid registration card
			 from another state or jurisdiction shall maintain the affirmative defense for
			 possession of medical cannabidiol, provided the form of cannabis product in the
			 patient's possession is allowable in Iowa.
(2) A patient with a valid registration card
			 under the laws of another state or jurisdiction has no affirmative defense for
			 medical cannabidiol if the cannabis product in the patient's possession is
			 prohibited in Iowa. Prohibited forms of medical cannabidiol include:
a. Raw cannabis flower that may be combusted
			 or smoked;
b. Edible products with
			 a total THC concentration greater than 0.3 percent that is not a consumable
			 hemp product.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.5 - Medical Cannabidiol Registration Card-application and Issuance to Primary Caregiver

Current through Register Vol. 47, No. 3, July 24, 2024
(1) For a
			 patient in a primary caregiver's care, the department may issue a registration
			 card to a primary caregiver who meets the criteria listed at Iowa Code section
			 124E.4(3). The
			 application form is available on the department's website. The department shall
			 not approve an application that does not include the information requested on
			 the application form.
(2) Upon the
			 completion, verification, and approval of the primary caregiver's application,
			 the department shall issue a registration card to the primary
			 caregiver.
(3) A registration card
			 issued to a primary caregiver shall contain all of the following:
a. The primary caregiver's full legal name,
			 current residence address, date of birth, and sex designation, as shown on the
			 primary caregiver's valid photo identification. If the primary caregiver's
			 information has changed since issuance of the primary caregiver's valid photo
			 identification, the primary caregiver shall first update the primary
			 caregiver's valid photo identification to reflect the primary caregiver's
			 current information.
b. The date of
			 issuance and the date of expiration, which shall be one year from the date of
			 issuance.
c. A distinguishing
			 registration number that is not the primary caregiver's social security
			 number.
d. The registration number
			 for each patient in the primary caregiver's care. This number shall not be the
			 primary caregiver's or patient's social security number. If the patient in the
			 primary caregiver's care is under the age of 18, the full name of the patient's
			 parent or legal guardian shall be printed on the primary caregiver's
			 registration card in lieu of the patient's registration number.
e. A statement that the registration card is
			 not valid for identification purposes.
f. A statement distinguishing the
			 registration cardholder as a primary caregiver.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.6 - Denial and Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
The department may deny an application for a medical
				cannabidiol registration card, or may cancel a medical cannabidiol registration
				card, for any of the following reasons:
1. Information contained in the application
			 is illegible, incomplete, falsified, misleading, deceptive, or
			 untrue.
2. The department is unable
			 to verify the identity of the applicant from the photo identification or other
			 documentation presented pursuant to paragraph
			 154.3(1)
"d"
(2)"3" or
			 154.4(1)
"c"
(3)"4."
3. The applicant violates or fails to satisfy
			 any of the provisions of Iowa Code chapter 124E or these rules.
4. A patient, the patient's legal guardian,
			 or other person with durable power of attorney requests in writing that the
			 department cancel the patient's medical cannabidiol registration card. The
			 department shall notify a primary caregiver in writing when the registration
			 card of the primary caregiver's patient has been canceled.
5. A primary caregiver requests in writing
			 that the department cancel the primary caregiver's medical cannabidiol
			 registration card. The department shall notify a patient in writing when the
			 registration card of the patient's primary caregiver has been
			 canceled.
6. The department becomes
			 aware of the death of a patient or primary caregiver.
7. A health care practitioner requests in
			 writing that the department rescind the written certification the practitioner
			 provided to a patient or caregiver.
8. A patient requests in writing that the
			 department cancel the patient's primary caregiver's medical cannabidiol
			 registration card.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.6 - Denial and Cancellation

Current through Register Vol. 47, No. 3, July 24, 2024
The department may deny an application for a registration card,
				or may cancel a registration card, for any of the following reasons:
1. Information contained in the application
			 is illegible, incomplete, falsified, misleading, deceptive, or
			 untrue.
2. The department is unable
			 to verify the identity of the applicant from the photo identification or other
			 documentation presented during application.
3. The department has reasonable belief, or
			 proof, that the patient is engaged in diversion of medical
			 cannabidiol.
4. The applicant
			 violates or fails to satisfy any of the provisions of Iowa Code chapter 124E or
			 these rules.
5. A patient, the
			 patient's legal guardian, or other person with durable power of attorney
			 requests in writing that the department cancel the patient's registration card.
			 The department shall notify a primary caregiver in writing when the
			 registration card of the primary caregiver's patient has been
			 canceled.
6. A primary caregiver
			 requests in writing that the department cancel the primary caregiver's
			 registration card. The department shall notify a patient in writing when the
			 registration card of the patient's primary caregiver has been
			 canceled.
7. The department becomes
			 aware of the death of a patient or primary caregiver.
8. A health care practitioner requests in writing that
			 the department rescind the written certification the practitioner provided to a
			 patient or caregiver.
9. A patient
			 requests in writing that the department cancel the patient's primary
			 caregiver's registration card.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.7 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written notice of denial or cancellation.
If the department
			 denies an application for or cancels a medical cannabidiol registration card,
			 the department shall inform the applicant or cardholder of the denial or
			 cancellation, state the reasons for the denial or cancellation in writing, and
			 state the effective date of the denial or cancellation. If the department
			 cancels a card upon request from a patient or primary care giver, or the
			 department becomes aware of the death of a patient or primary caregiver, the
			 cancellation is effective immediately upon issuance of the written notice of
			 cancellation. If the department cancels a card upon any other ground listed in
			 rule 641-154.6 (124E), the
			 cancellation shall become effective 30 days following issuance of the written
			 notice of cancellation.
(2)
Effect of written notice of cancellation on use and possession of
			 medical cannabidiol.
A cardholder is authorized to purchase, possess,
			 and use medical cannabidiol up to and including the effective date of the
			 cancellation. For purposes of the affirmative defenses in Iowa Code section
			 124E.12,
			 a patient or primary caregiver shall be deemed to be in possession of a valid
			 medical cannabidiol registration card up to and including the effective date of
			 the cancellation.
(3)
Request for appeal.
An applicant or cardholder may appeal the
			 denial or cancellation of a medical cannabidiol registration card by submitting
			 a request for appeal to the department by certified mail, return receipt
			 requested, within 20 days of receipt of the notice of denial or cancellation.
			 The department's address is Iowa Department of Public Health, Lucas State
			 Office Building, 321 E. 12th Street, Des Moines, Iowa 50319-0075. Upon receipt
			 of a request for appeal, the department shall forward the request within five
			 working days to the department of inspections and appeals. A contested case
			 hearing shall be conducted in accordance with 641-Chapter 173. In the event of
			 a timely appeal of a cancellation of a medical cannabidiol registration card,
			 cancellation of the card shall be deemed to be suspended pending the outcome of
			 the contested case proceeding. If the cancellation is affirmed following the
			 contested case proceeding, the card cancellation shall become effective 30 days
			 following issuance of the department's final agency action.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.7 - Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written notice of denial or cancellation.
If the department
			 denies an application for or cancels a registration card, the department shall
			 inform the applicant or cardholder of the denial or cancellation, state the
			 reasons for the denial or cancellation in writing, and state the effective date
			 of the denial or cancellation. If the department cancels a card upon request
			 from a patient or primary caregiver, or the department becomes aware of the
			 death of a patient or primary caregiver, the cancellation is effective
			 immediately upon issuance of the written notice of cancellation. If the
			 department cancels a card upon any other ground listed, the cancellation shall
			 become effective 30 days following issuance of the written notice of
			 cancellation.
(2)
Effect of
			 written notice of cancellation on use and possession of medical
			 cannabidiol.
A cardholder is authorized to purchase, possess, and use
			 medical cannabidiol up to and including the effective date of the cancellation.
			 For purposes of the affirmative defenses in Iowa Code section
			 124E.12, a patient or primary
			 caregiver shall be deemed to be in possession of a valid registration card up
			 to and including the effective date of the cancellation.
(3)
Request for appeal.
A
			 request for appeal concerning the denial or cancellation of a registration card
			 shall be submitted pursuant to the provisions of 441-Chapter 7. In the event of
			 a timely appeal, cancellation of the card shall be deemed to be suspended
			 pending the outcome of the contested case proceeding. If the cancellation is
			 affirmed following the contested case proceeding, the card cancellation shall
			 become effective 30 days following issuance of the department's final agency
			 action.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.8 - Duplicate Card

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Lost, stolen, or destroyed card.
To replace a medical
			 cannabidiol registration card that is lost, stolen, or destroyed, a cardholder
			 shall present to the department the cardholder's valid state-issued driver's
			 license, nonoperator's identification card, or alternative form of valid photo
			 identification provided pursuant to paragraph 154.3(1)
"d"
(2)"3" or 154.4(1)
"c
" (3)"4."
(2)
Change in card information and
			 voluntary replacement.
a. To replace
			 a medical cannabidiol registration card that is damaged, the cardholder shall
			 surrender to the department the card to be replaced and present the
			 cardholder's valid state-issued driver's license, nonoperator's identification
			 card, or alternative form of valid photo identification provided pursuant to
			 paragraph 154.3(1)
"d"
(2)"3" or 154.4(1)
"c
"
			 (3)"4."
b. A patient or primary
			 caregiver to whom a medical cannabidiol registration card is issued shall
			 notify the department of a change in current residence address, name, or sex
			 designation listed on the card, within ten calendar days of the change. To
			 replace a medical cannabidiol registration card to change the current residence
			 address, name, or sex designation listed on the card, the cardholder shall
			 surrender to the department the card to be replaced and present a valid
			 state-issued driver's license, nonoperator's identification card, or
			 alternative form of valid photo identification provided pursuant to paragraph
			 154.3(1)
"d"
(2)"3" or 154.4(1)
"c
"(3)"4"
			 that has been updated according to the procedures established by the state or
			 agency of issuance to reflect the requested residence address, name, or sex
			 designation.
c. To replace a
			 medical cannabidiol registration card held by a primary caregiver to change,
			 add, or remove a patient's medical cannabidiol registration number or the name
			 of a patient's parent or legal guardian listed on the primary caregiver's card,
			 the primary caregiver shall submit a new application to the department pursuant
			 to rule 641-154.4 (124E). A medical
			 cannabidiol registration card issued pursuant to this paragraph shall not be
			 considered a duplicate card.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.8 - Duplicate Card

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Lost,
			 stolen, or destroyed card.
To replace a registration card that is
			 lost, stolen, or destroyed, a cardholder shall present to the department the
			 cardholder's valid photo identification that was provided at the time of
			 application.
(2)
Change in
			 card information and voluntary replacement.
a. To replace a registration card that is
			 damaged, the cardholder shall surrender the card to be replaced to the
			 department and present the cardholder's valid photo identification that was
			 provided at the time of application.
b. A patient or primary caregiver to whom a
			 registration card is issued shall notify the department of a change in
			 information listed on the card, within ten calendar days of the change. To
			 replace a registration card to change the patient or primary caregiver's
			 information, the cardholder shall surrender the card to be replaced to the
			 department and present the patient or primary caregiver's updated valid photo
			 identification.
c. To replace a
			 registration card held by a primary caregiver to change, add, or remove a
			 patient's registration number or the name of a patient's parent or legal
			 guardian listed on the primary caregiver's card, the primary caregiver shall
			 submit a new application to the department pursuant to rule
			 641-154.5 (124E). A registration
			 card issued pursuant to this paragraph shall not be considered a duplicate
			 card.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.9 - Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
A medical cannabidiol registration card shall be valid for one
				year from the date of issuance unless canceled pursuant to rule
				641-154.6(124E).
(1) A cardholder
			 seeking renewal of a medical cannabidiol registration card shall submit a
			 renewal application and fee to the department.
a. A patient applying for renewal of a
			 medical cannabidiol registration card shall submit a renewal application and
			 fee to the department on a form approved by the department.
b. A primary caregiver applying for a renewal
			 of a medical cannabidiol registration card shall submit a renewal application
			 and fee to the department on a form approved by the department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.9 - Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
A registration card shall be valid for one year from the date
				of issuance, unless canceled. Renewal of a registration card will follow the
				application and issuance rules of this chapter.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.10 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall maintain a confidential file of the names
				of each patient to or for whom the department issues a medical cannabidiol
				registration card and the name of each primary caregiver to whom the department
				issues a medical cannabidiol registration card under Iowa Code section
				124E.4.
(1) Personally identifiable
			 information of patients and primary caregivers shall be maintained as
			 confidential and is not accessible to the public. The department shall release
			 aggregate and statistical information regarding the medical cannabidiol act
			 registration card program in a manner which prevents the identification of any
			 patient or primary caregiver.
(2)
			 Personally identifiable information of patients and primary caregivers may be
			 disclosed under the following limited circumstances:
a. To authorized employees or agents of the
			 department as necessary to perform the duties of the department pursuant to
			 Iowa Code chapter 124E and these rules.
b. To authorized employees of state or local
			 law enforcement agencies located in Iowa, solely for the purpose of verifying
			 that a person is lawfully in possession of a medical cannabidiol registration
			 card issued pursuant to Iowa Code chapter 124E and these rules.
c. To a patient, primary caregiver, or health
			 care practitioner, upon written authorization of the patient or primary
			 caregiver.
d. To a health care
			 practitioner for the purpose of determining whether a patient seeking a written
			 certification pursuant to Iowa Code section
			 124E.3
			 and these rules has already received a written certification from another
			 health care practitioner.
e. To
			 authorized employees of a medical cannabidiol dispensary, but only for the
			 purposes of verifying that a person is lawfully in possession of a medical
			 cannabidiol registration card issued pursuant to Iowa Code chapter 124E and
			 these rules and that a person has not purchased total tetrahydrocannabinol in
			 excess of the amount authorized by Iowa Code chapter 124E and these
			 rules.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.10 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
The department will follow the confidentiality provisions in
				Iowa Code section 124E.11(1).
(1) Personally identifiable information of
			 patients and primary caregivers will be maintained as confidential and is not
			 accessible to the public. The department will release aggregate and statistical
			 information regarding the registration card program in a manner that prevents
			 the identification of any patient or primary caregiver.
(2) Personally identifiable information of
			 patients and primary caregivers may be disclosed only pursuant to Iowa Code
			 section 124E.11(1)
"b"
and to a patient, primary caregiver, or health care
			 practitioner, upon written authorization of the patient or primary
			 caregiver.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.12 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
All fees are nonrefundable.
(1)
Patient medical cannabidiol
			 registration card fee.
a. Each
			 application fee is $100 unless the patient qualifies for a reduced fee as
			 described in paragraph 154.12(1)
"b."
b. Each reduced application fee is $25 if the
			 patient attests to receiving social security disability benefits, supplemental
			 security income payments, proof of veteran status, or is enrolled in the
			 medical assistance program as defined in rule
			 641-154.1 (124E).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.12 - Consumption of Medical Cannabidiol

Current through Register Vol. 47, No. 3, July 24, 2024
In accordance with Iowa Code section
				124E.12, patients and caregivers
				are entitled to a complete and affirmative defense for unlawful possession of
				marijuana. Medical cannabidiol is intended to be consumed privately, and
				patients are subject to all applicable laws regarding public impairment and
				operating a vehicle, including but not limited to Iowa Code section
				123.46 and chapter 321J. Medical
				cannabidiol products shall not be consumed in the following places:
a. In places open to the public, except for
			 within a health care facility if pursuant to the standard operating procedures
			 of the health care facility.
b. On
			 the property of a school, unless pursuant to the standard operating procedure
			 of the school.
c. On the property
			 of a medical cannabidiol dispensary or manufacturer.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.13 - Use of Medical Cannabidiol-smoking Prohibited

Current through Register Vol. 47, No. 3, July 24, 2024
A patient shall not consume medical cannabidiol possessed or
				used pursuant to 2017 Iowa Acts, House File 524, by smoking medical
				cannabidiol.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.13 - Allowable Forms of Medical Cannabidiol

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Modification of allowable
			 forms.
Allowable forms of medical cannabidiol may be modified by
			 approval of a recommendation by the medical cannabidiol board, subsequent
			 approval of the board of medicine, and adoption of the recommendations by the
			 department.
(2)
Allowable
			 forms.
a. A manufacturer may only
			 manufacture medical cannabidiol in the following forms:
(1) Oral forms, including but not limited to:
1. Tablet.
2. Capsule.
3. Liquid.
4. Tincture.
5. Sublingual.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.14 - Allowable Forms of Medical Cannabidiol

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Modification of allowable forms. The
			 allowable forms of medical cannabidiol authorized in this rule may be modified
			 pursuant to recommendations by the medical cannabidiol board, subsequent
			 approval of the recommendations by the board of medicine and adoption of the
			 recommendations by the department by rule.
(2) Allowable forms.
a. A manufacturer may only manufacture
			 medical cannabidiol in the following forms:
(1) Oral forms, including but not limited to:
1. Tablet.
2. Capsule.
3. Liquid.
4. Tincture.
5. Sublingual.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.14 - Notice to Law Enforcement

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall notify local law enforcement agencies and
				the department of public safety of the locations of manufactures and
				dispensaries. If the department has sufficient cause to believe that there is a
				threat to public safety, the department shall notify local law enforcement
				agencies and the department of public safety.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.15 - Manufacturer and Dispensary Licensure

Current through Register Vol. 47, No. 3, July 24, 2024
(1) To be eligible for licensure, an
			 applicant manufacturer or dispensary shall complete a background investigation
			 pursuant to Iowa Code section
			 124E.19. Applicants must provide
			 information on forms and in a manner required by the department of public
			 safety.
(2) The license shall be
			 renewed annually unless a manufacturer or dispensary relinquishes the license,
			 there is a change in state law prohibiting the department from renewing the
			 license, or the license is revoked pursuant to Iowa Code chapter 124E or these
			 rules.
(3) A license to manufacture
			 or dispense medical cannabidiol issued by the department is not assignable or
			 transferable unless for the purpose of intra-organization restructure, subject
			 to review and approval by the department.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.16 - Duties of the Department

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Interagency agreements.
The department may enter into any interagency agreements with other state
			 agencies for technical services or other assistance related to the regulation
			 or inspection of manufacturers.
(2)
Notice to law enforcement.
The department shall notify local
			 law enforcement agencies and the department of public safety of the locations
			 of manufacturers. If the department determines there is a threat to public
			 safety, the department shall notify local law enforcement agencies and the
			 department of public safety of any conditions that pose a threat to public
			 safety, including but not limited to:
a. Loss
			 or theft of medical cannabidiol or plant material;
b. Diversion or potential diversion of
			 medical cannabidiol or plant material;
c. Unauthorized access to the secure sales
			 and inventory tracking system or other patient and caregiver information system
			 or file; or
d. Other violations of
			 law.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.16 - Collection of Fees in Competitive Licensing

Current through Register Vol. 47, No. 3, July 24, 2024
Except as provided in this rule, all fees are nonrefundable,
				shall be retained by the department, and shall be considered repayment receipts
				as defined in Iowa Code section
				8.2.
(1)
Fees to the department for
			 manufacturers and dispensaries.
a.
			 Fees for manufacturing applicants are established by Iowa Code section
			 124E.6(4). Fees
			 for dispensary applicants are established by Iowa Code section
			 124E.8(4).
b. Licensed manufacturers and dispensaries
			 shall pay an annual fee to the department to cover costs associated with
			 regulating and inspecting, and for other expenses necessary for the
			 administration of the medical cannabidiol program. The department shall assess
			 the fee with the notice of approval of license, payable to the department no
			 later than December 1. Annual fees assessed by the department shall not exceed
			 $100,000 for a manufacturing license and shall not exceed $50,000 for a
			 dispensary license.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.17 - Manufacturer Operations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Operating documents.
a. A manufacturer shall maintain operating
			 documents that accurately reflect the manufacturer's standard operating
			 procedures. Unless otherwise noted, a manufacturer shall make the operating
			 documents available to the department upon request through secure electronic
			 mail, an electronic file-sharing service, or other secure means.
b. The operating documents of a manufacturer
			 shall include all of the following:
(1)
			 Procedures for the oversight of the manufacturer, including descriptions of
			 operational and management practices regarding:
1. The forms and quantities of medical
			 cannabidiol products that are produced at the manufacturing facility;
2. The methods of planting, harvesting,
			 drying, and storing cannabis. A manufacturer may make operating documents for
			 these procedures available on site only;
3. The estimated types and amounts of all
			 crop inputs used in the production of medical cannabidiol;
4. The disposal methods for all waste
			 materials;
5. Employee training
			 methods for the specific phases of production. A manufacturer may make
			 operating documents for these procedures available on site only;
6. Biosecurity measures and standard
			 operating procedures used in the production and manufacturing of medical
			 cannabidiol. A manufacturer may make operating documents for these procedures
			 available on site only;
7.
			 Strategies for identifying and reconciling discrepancies in inventory of plant
			 material or medical cannabidiol;
8.
			 Sampling strategy and quality testing for labeling purposes. A manufacturer may
			 make operating documents for these procedures available on site only;
9. Medical cannabidiol packaging and labeling
			 procedures;
10. Procedures for
			 recall and market withdrawal of medical cannabidiol;
11. Plans for responding to a security breach
			 at a manufacturing facility or while medical cannabidiol is in transit to a
			 dispensary. A manufacturer may make operating documents for these procedures
			 available on site only;
12. A
			 business continuity plan. A manufacturer may make this operating document
			 available on site only;
13. Records
			 relating to all transport activities; and
14. Other information requested by the
			 department.
(2)
			 Procedures to ensure accurate record keeping.
(3) Procedures for the implementation of
			 appropriate security measures to deter and prevent the theft of medical
			 cannabidiol and unauthorized entrance into areas containing medical
			 cannabidiol. A manufacturer may make operating documents for these procedures
			 available on site only.
c. Operating documents may be trade secrets
			 if designated as such by a manufacturer and shall be considered confidential
			 records pursuant to Iowa Code section
			 22.7(3).
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.17 - Licensure Renewal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A licensed
			 manufacturer or dispensary shall apply to renew its license with the department
			 at least six months before the license expires. The application shall be
			 submitted on a form on the department's website.
(2) The department shall notify a
			 manufacturer or dispensary of the decision to approve or deny the manufacturer
			 or dispensary's license by August 1 of the year in which the renewal
			 application is submitted.
Iowa Administrative Code › Agency 641 - Public Health Department › Chapter 154 - Medical Cannabidiol Program › Rule 641-154.18 - Security Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
The department may request assistance from the department of
				public safety in ensuring manufacturers meet the security requirements in this
				rule.
(1)
Visitor
			 logs.
Visitors to the manufacturing facility shall sign visitor
			 manifests with name, date, and times of entry and exit, and shall wear badges
			 that are visible at all times and that identify them as visitors.
(2)
Restricted access.
A
			 manufacturer shall use a controlled access system and written manifests to
			 limit entrance to all restricted access areas of its manufacturing facility and
			 shall retain a record of all persons who entered the restricted access areas.
a. The controlled access system shall do all
			 of the following:
(1) Limit access to
			 authorized individuals;
(2)
			 Maintain a log of individuals with approved access, including dates of
			 approvals and revocations;
(3)
			 Track times of personnel entry to and exit from the facility;
(4) Store data for retrieval for a minimum of
			 one year; and
(5) Limit access to
			 authorized individuals in the event of a power failure.