Bill Amendment: FL S0344 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Physician Certifications for the Medical Use of Marijuana
Status: 2023-05-05 - Died in Fiscal Policy, companion bill(s) passed, see CS/CS/HB 387 (Ch. 2023-292) [S0344 Detail]
Download: Florida-2023-S0344-Senate_Committee_Amendment_889518.html
Bill Title: Physician Certifications for the Medical Use of Marijuana
Status: 2023-05-05 - Died in Fiscal Policy, companion bill(s) passed, see CS/CS/HB 387 (Ch. 2023-292) [S0344 Detail]
Download: Florida-2023-S0344-Senate_Committee_Amendment_889518.html
Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 344 Ì889518QÎ889518 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Brodeur) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Delete lines 23 - 104 4 and insert: 5 defined in s. 456.47, provided it is with the qualified 6 physician or practice group that performed the initial in-person 7 examination. 8 2. Diagnosed the patient with at least one qualifying 9 medical condition. 10 3. Determined that the medical use of marijuana would 11 likely outweigh the potential health risks for the patient, and 12 such determination must be documented in the patient’s medical 13 record. If a patient is younger than 18 years of age, a second 14 physician must concur with this determination, and such 15 concurrence must be documented in the patient’s medical record. 16 4. Determined whether the patient is pregnant and 17 documented such determination in the patient’s medical record. A 18 physician may not issue a physician certification, except for 19 low-THC cannabis, to a patient who is pregnant. 20 5. Reviewed the patient’s controlled drug prescription 21 history in the prescription drug monitoring program database 22 established pursuant to s. 893.055. 23 6. Reviews the medical marijuana use registry and confirmed 24 that the patient does not have an active physician certification 25 from another qualified physician. 26 7. Registers as the issuer of the physician certification 27 for the named qualified patient on the medical marijuana use 28 registry in an electronic manner determined by the department, 29 and: 30 a. Enters into the registry the contents of the physician 31 certification, including the patient’s qualifying condition and 32 the dosage not to exceed the daily dose amount determined by the 33 department, the amount and forms of marijuana authorized for the 34 patient, and any types of marijuana delivery devices needed by 35 the patient for the medical use of marijuana. 36 b. Updates the registry within 7 days after any change is 37 made to the original physician certification to reflect such 38 change. 39 c. Deactivates the registration of the qualified patient 40 and the patient’s caregiver when the physician no longer 41 recommends the medical use of marijuana for the patient. 42 8. Obtains the voluntary and informed written consent of 43 the patient for medical use of marijuana each time the qualified 44 physician issues a physician certification for the patient, 45 which shall be maintained in the patient’s medical record. The 46 patient, or the patient’s parent or legal guardian if the 47 patient is a minor, must sign the informed consent acknowledging 48 that the qualified physician has sufficiently explained its 49 content. The qualified physician must use a standardized 50 informed consent form adopted in rule by the Board of Medicine 51 and the Board of Osteopathic Medicine, which must include, at a 52 minimum, information related to: 53 a. The Federal Government’s classification of marijuana as 54 a Schedule I controlled substance. 55 b. The approval and oversight status of marijuana by the 56 Food and Drug Administration. 57 c. The current state of research on the efficacy of 58 marijuana to treat the qualifying conditions set forth in this 59 section. 60 d. The potential for addiction. 61 e. The potential effect that marijuana may have on a 62 patient’s coordination, motor skills, and cognition, including a 63 warning against operating heavy machinery, operating a motor 64 vehicle, or engaging in activities that require a person to be 65 alert or respond quickly. 66 f. The potential side effects of marijuana use, including 67 the negative health risks associated with smoking marijuana. 68 g. The risks, benefits, and drug interactions of marijuana. 69 h. That the patient’s deidentified health information 70 contained in the physician certification and medical marijuana 71 use registry may be used for research purposes. 72 (g) A qualified physician must evaluate an existing 73 qualified patient at least once every 5230weeks before issuing 74 a new physician certification. The evaluation may be conducted 75 through telehealth as defined in s. 456.47, provided it is with 76 the qualified physician or practice group that performed the 77 initial in-person examination of the qualified patient. A 78 physician must: 79 1. Determine if the patient still meets the requirements to 80 be issued a physician certification under paragraph (a). 81 2. Identify and document in the qualified patient’s medical 82 records whether the qualified patient experienced either of the 83 following related to the medical use of marijuana: 84 a. An adverse drug interaction with any prescription or 85 nonprescription medication; or 86 b. A reduction in the use of, or dependence on, other types 87 of controlled substances as defined in s. 893.02. 88 3. Submit a report with the findings required pursuant to 89 subparagraph 2. to the department. The department shall submit 90 such reports to the Consortium for Medical Marijuana Clinical 91 Outcomes Research established pursuant to s. 1004.4351. 92 (i) The department shall monitor physician registration in 93 the medical marijuana use registry and the issuance of physician 94 certifications for practices that could facilitate unlawful 95 diversion or misuse of marijuana or a marijuana delivery device 96 and shall take disciplinary action as appropriate. The 97 department may suspend the registration of a qualified physician 98 in the medical marijuana use registry for a period of up to 2 99 years if the qualified physician: 100 1. Fails to comply with this section; or 101 2. Provides, advertises, or markets telehealth services 102 before July 1, 2023. 103 104 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 105 And the directory clause is amended as follows: 106 Delete line 11 107 and insert: 108 Section 1. Paragraphs (a), (g), and (i) of subsection (4) 109 of 110 111 ================= T I T L E A M E N D M E N T ================ 112 And the title is amended as follows: 113 Delete line 7 114 and insert: 115 use of marijuana under certain circumstances; revising 116 the frequency with which qualified physicians must 117 reevaluate qualified patients for purposes of issuing 118 new certifications; authorizing the Department of 119 Health to suspend the registration of a qualified 120 physician in the medical marijuana use registry for a 121 specified timeframe under certain circumstances; 122 providing an effective date.