124E.11 Department duties — rules.
678 words·~3 min read·
/ia/chapter-124e-medical-cannabidiol-act/124e-11·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. a. 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 section 124E.4.
b. Individual names contained in the file shall be confidential and shall not be subject to disclosure, except as provided in subparagraph (1).
(1)Information in the confidential file maintained pursuant to paragraph “a” may be released on an individual basis to the following persons under the following circumstances:
(a)To authorized employees or agents of the department as necessary to perform the duties of the department pursuant to this chapter.
(b)To authorized employees of law enforcement agencies of a state or political subdivision thereof, but only for the purpose of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this chapter.
(c)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 this chapter and that a person has not purchased total tetrahydrocannabinol in excess of the amount authorized by this chapter.
(d)To any other authorized persons recognized by the department by rule, but only for the purpose of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this chapter.
(e)To a health care practitioner for the purpose of determining whether a patient seeking a written certification pursuant to section 124E.3 has already received a written certification from another health care practitioner.
(2)Release of information pursuant to subparagraph
(1)shall be consistent with the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191.
2. The department shall adopt rules pursuant to chapter 17A to administer this chapter which shall include but not be limited to rules to do all of the following:
a. Govern the manner in which the department shall consider applications for new and renewal medical cannabidiol registration cards.
b. Ensure that the medical cannabidiol registration card program operates on a self-sustaining basis.
c. Establish the form and quantity of medical cannabidiol allowed to be dispensed to a patient or primary caregiver pursuant to this chapter as appropriate to serve the medical needs of patients with debilitating medical conditions, subject to recommendation by the medical cannabidiol board and approval by the board of medicine.
d. Establish requirements for the licensure of medical cannabidiol manufacturers and medical cannabidiol dispensaries and set forth procedures for medical cannabidiol manufacturers and medical cannabidiol dispensaries to obtain licenses.
e. Develop a dispensing system for medical cannabidiol within this state that provides for all of the following:
(1)Medical cannabidiol dispensaries within this state housed on secured grounds and operated by licensed medical cannabidiol dispensaries.
(2)The dispensing of medical cannabidiol to patients and their primary caregivers to occur at locations designated by the department.
f. Establish and collect annual fees from medical cannabidiol manufacturers and medical cannabidiol dispensaries to cover the costs associated with regulating and inspecting medical cannabidiol manufacturers and medical cannabidiol dispensaries.
g. Specify and implement procedures that address public safety including security procedures and product quality including measures to ensure contaminant-free cultivation of medical cannabidiol, safety, and labeling.
h. Establish and implement a real-time, statewide medical cannabidiol registry management sale tracking system that is available to medical cannabidiol dispensaries on a twenty-four-hour-a-day, seven-day-a-week basis for the purpose of verifying that a person is lawfully in possession of a medical cannabidiol registration card issued pursuant to this
§124E.11, MEDICAL CANNABIDIOL ACT 2
chapter and for tracking the date of the sale and quantity of medical cannabidiol purchased by a patient or a primary caregiver.
i. Establish and implement a medical cannabidiol inventory and delivery tracking system to track medical cannabidiol from production by a medical cannabidiol manufacturer through dispensing at a medical cannabidiol dispensary.
2017 Acts, ch 162, §14, 25; 2020 Acts, ch 1116, §21, 22