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6 Cosponsor:
Norman K Thurston
7
8 LONG TITLE
9 General Description:
10 This bill amends provisions related to hemp extract.
11 Highlighted Provisions:
12 This bill:
13 ▸ amends the definition of "hemp extract";
14 ▸ modifies Title 63I, Chapter 1, Legislative Oversight and Sunset Act, by extending
15 the repeal date of the Hemp Extract Registration Act to July 1, 2021;
16 ▸ modifies Title 63I, Chapter 1, Legislative Oversight and Sunset Act, by extending
17 the repeal date of Section 58-37-4.3, Exemption for use or possession of hemp
18 extract, to July 1, 2021; and
19 ▸ requires the Department of Health to request proposals to conduct a study of hemp
20 extract.
21 Money Appropriated in this Bill:
22 None
23 Other Special Clauses:
24 None
25 Utah Code Sections Affected:
26 AMENDS:
27 26-56-103, as enacted by Laws of Utah 2014, Chapter 25
28 58-37-4.3, as enacted by Laws of Utah 2014, Chapter 25
29 63I-1-226, as last amended by Laws of Utah 2015, Chapters 16, 31, and 258
30 63I-1-258, as last amended by Laws of Utah 2015, Chapters 40, 186, 187, 320, 367,
31 and 432
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 26-56-103 is amended to read:
35 26-56-103. Hemp extract registration card -- Application -- Fees -- Database.
36 (1) The department shall issue a hemp extract registration card to an individual who:
37 (a) is at least 18 years of age;
38 (b) is a Utah resident;
39 (c) provides the department with a statement signed by a neurologist that:
40 (i) indicates that the individual:
41 (A) suffers from intractable epilepsy; and
42 (B) may benefit from treatment with hemp extract; and
43 (ii) is consistent with a record from the neurologist, concerning the individual,
44 contained in the database described in Subsection (8);
45 (d) pays the department a fee in an amount established by the department under
46 Subsection (5); and
47 (e) submits an application to the department, on a form created by the department, that
48 contains:
49 (i) the individual's name and address;
50 (ii) a copy of the individual's valid photo identification; and
51 (iii) any other information the department considers necessary to implement this
52 chapter.
53 (2) The department shall issue a hemp extract registration card to a parent who:
54 (a) is at least 18 years of age;
55 (b) is a Utah resident;
56 (c) provides the department with a statement signed by a neurologist that:
57 (i) indicates that a minor in the parent's care:
58 (A) suffers from intractable epilepsy; and
59 (B) may benefit from treatment with hemp extract; and
60 (ii) is consistent with a record from the neurologist, concerning the minor, contained in
61 the database described in Subsection (8);
62 (d) pays the department a fee in an amount established by the department under
63 Subsection (5); and
64 (e) submits an application to the department, on a form created by the department, that
65 contains:
66 (i) the parent's name and address;
67 (ii) the minor's name;
68 (iii) a copy of the parent's valid photo identification; and
69 (iv) any other information the department considers necessary to implement this
70 chapter.
71 (3) The department shall maintain a record of:
72 (a) the name of each registrant; and
73 (b) the name of each minor receiving care from a registrant.
74 (4) The department shall make rules in accordance with Title 63G, Chapter 3, Utah
75 Administrative Rulemaking Act, to:
76 (a) establish the information an applicant is required to provide to the department under
77 Subsections (1)(e)(iii) and (2)(e)(iv); and
78 (b) establish, in accordance with recommendations from the Department of Public
79 Safety, the form and content of the hemp extract registration card.
80 (5) The department shall establish fees in accordance with Section 63J-1-504 that are
81 no greater than the amount necessary to cover the cost the department incurs to implement this
82 chapter.
83 (6) The registration cards issued under Subsections (1) and (2) are:
84 (a) valid for one year; and
85 (b) renewable, if, at the time of renewal, the registrant meets the requirements of either
86 Subsection (1) or (2).
87 (7) The neurologist who signs the statement described in Subsection (1)(c) or (2)(c)
88 shall:
89 (a) keep a record of the neurologist's evaluation and observation of a patient who is a
90 registrant or minor under a registrant's care, including the patient's response to hemp extract;
91 and
92 (b) transmit the record described in Subsection (7)(a) to the department.
93 (8) The department shall:
94 (a) maintain a database of the records described in Subsection (7); [
95 (b) treat the records as identifiable health data, as defined in Section 26-3-1[
96 (c) establish a procedure for ensuring that neurologists transmit the records described
97 in Subsection (7).
98 (9) (a) The department [
99 on records described in Subsection (8) [
100 at a higher education institution for the purpose of studying hemp extract.
101 (b) No later than July 1, 2016, the department shall, in accordance with Title 63G,
102 Chapter 6a, Utah Procurement Code, request proposals to conduct a study of hemp extract.
103 (c) The study of hemp extract shall include at least the following:
104 (i) analysis of data from the records of patients who have held hemp extract registration
105 cards for one year or more;
106 (ii) the effect of hemp extract on the patient's seizure control; and
107 (iii) any adverse effects or other effects on the patient that may be attributable to the
108 patient's use of hemp extract.
109 (d) The department shall report to the Health and Human Services Interim Committee
110 of the Legislature on or before the November 2016 interim meeting on the study of hemp
111 extract.
112 Section 2. Section 58-37-4.3 is amended to read:
113 58-37-4.3. Exemption for use or possession of hemp extract.
114 (1) As used in this section, "hemp extract" means an extract from a cannabis plant, or a
115 mixture or preparation containing cannabis plant material, that:
116 (a) is composed of less than 0.3% tetrahydrocannabinol by weight;
117 (b) is composed of at least [
118 (c) contains no other psychoactive substance.
119 (2) Notwithstanding any other provision of this chapter, an individual who possesses or
120 uses hemp extract is not subject to the penalties described in this chapter for possession or use
121 of the hemp extract if the individual:
122 (a) possesses or uses the hemp extract only to treat intractable epilepsy, as defined in
123 Section 26-56-102;
124 (b) originally obtained the hemp extract from a sealed container with a label indicating
125 the hemp extract's place of origin, and a number that corresponds with a certificate of analysis;
126 (c) possesses, in close proximity to the hemp extract, a certificate of analysis that:
127 (i) has a number that corresponds with the number on the label described in Subsection
128 (2)(b);
129 (ii) indicates the hemp extract's ingredients, including its percentages of
130 tetrahydrocannabinol and cannabidiol by weight; and
131 (iii) is created by a laboratory that is:
132 (A) not affiliated with the producer of the hemp extract; and
133 (B) licensed in the state where the hemp extract was produced; and
134 [
135 (d) has a current hemp extract registration card issued by the Department of Health
136 under Section 26-56-103.
137 (3) Notwithstanding any other provision of this chapter, an individual who possesses
138 hemp extract lawfully under Subsection (2) and administers hemp extract to a minor is not
139 subject to the penalties described in this chapter for administering the hemp extract to the
140 minor if:
141 (a) the individual is the minor's parent or legal guardian; and
142 (b) the individual is registered with the Department of Health as the minor's parent
143 under Section 26-56-103.
144 Section 3. Section 63I-1-226 is amended to read:
145 63I-1-226. Repeal dates, Title 26.
146 (1) Title 26, Chapter 9f, Utah Digital Health Service Commission Act, is repealed July
147 1, 2025.
148 (2) Section 26-10-11 is repealed July 1, 2020.
149 (3) Section 26-21-23, Licensing of non-Medicaid nursing care facility beds, is repealed
150 July 1, 2018.
151 (4) Title 26, Chapter 33a, Utah Health Data Authority Act, is repealed July 1, 2024.
152 (5) Title 26, Chapter 36a, Hospital Provider Assessment Act, is repealed July 1, 2016.
153 (6) Section 26-38-2.5 is repealed July 1, 2017.
154 (7) Section 26-38-2.6 is repealed July 1, 2017.
155 (8) Title 26, Chapter 56, Hemp Extract Registration Act, is repealed July 1, [
156 2021.
157 Section 4. Section 63I-1-258 is amended to read:
158 63I-1-258. Repeal dates, Title 58.
159 (1) Title 58, Chapter 13, Health Care Providers Immunity from Liability Act, is
160 repealed July 1, 2026.
161 (2) Title 58, Chapter 15, Health Facility Administrator Act, is repealed July 1, 2025.
162 (3) Title 58, Chapter 20a, Environmental Health Scientist Act, is repealed July 1, 2018.
163 (4) Section 58-37-4.3 is repealed July 1, [
164 (5) Title 58, Chapter 40, Recreational Therapy Practice Act, is repealed July 1, 2023.
165 (6) Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act, is
166 repealed July 1, 2019.
167 (7) Title 58, Chapter 42a, Occupational Therapy Practice Act, is repealed July 1, 2025.
168 (8) Title 58, Chapter 46a, Hearing Instrument Specialist Licensing Act, is repealed July
169 1, 2023.
170 (9) Title 58, Chapter 47b, Massage Therapy Practice Act, is repealed July 1, 2024.
171 (10) Title 58, Chapter 61, Part 7, Behavior Analyst Licensing Act, is repealed July 1,
172 2026.
173 (11) Title 58, Chapter 72, Acupuncture Licensing Act, is repealed July 1, 2017.