124E.2 Definitions.

As used in this chapter:

1. “Bordering state” means the same as defined in section 331.910.

2. “Debilitating medical condition” means any of the following:

a. Cancer, if the underlying condition or treatment produces one or more of the following:

(1) Severe or chronic pain.

(2) Nausea or severe vomiting.

(3) Cachexia or severe wasting.

b. Multiple sclerosis with severe and persistent muscle spasms.

c. Seizures, including those characteristic of epilepsy.

d. AIDS or HIV as defined in section 141A.1.

e. Crohn’s disease.

f. Amyotrophic lateral sclerosis.

g. Any terminal illness, with a probable life expectancy of under one year, if the illness or its treatment produces one or more of the following:

(1) Severe or chronic pain.

(2) Nausea or severe vomiting.

(3) Cachexia or severe wasting.

h. Parkinson’s disease.

i. Untreatable pain.

3. “Department” means the department of public health.

4. “Disqualifying felony offense” means a violation under federal or state law of a felony under federal or state law, which has as an element the possession, use, or distribution of a controlled substance, as defined in 21 U.S.C. §802(6).

5. “Health care practitioner” means an individual licensed under chapter 148 to practice medicine and surgery or osteopathic medicine and surgery who is a patient’s primary care provider. “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.

6. “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 three 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.

7. “Primary caregiver” means a person who is a resident of this state or a bordering state as defined in section 331.910, including but not limited to a parent or legal guardian, at least eighteen years of age, who has been 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 this chapter.

8. “Untreatable pain” means 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.

9. “Written certification” means a document signed by a health care practitioner, with whom the patient has established a patient-provider relationship, which states that the patient has a debilitating medical condition and identifies that condition and provides any other relevant information.

2017 Acts, ch 162, §5, 25

Referred to in §124.401