| 1 | | - | Senate Bill No. 988 CHAPTER 242 An act to amend Sections 1649.1, 1649.2, 1649.4, and 1649.5 of, and to repeal and add Section 1649.3 of, the Health and Safety Code, relating to health care facilities. [ Approved by Governor September 02, 2022. Filed with Secretary of State September 02, 2022. ] LEGISLATIVE COUNSEL'S DIGESTSB 988, Hueso. Compassionate Access to Medical Cannabis Act or Ryans Law.Existing law, the Compassionate Access to Medical Cannabis Act or Ryans Law, requires specified types of health care facilities to allow a terminally ill patients use of medicinal cannabis within the health care facility, subject to certain restrictions. Existing law requires a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. Existing law requires a health care facility to, among other requirements regarding medicinal cannabis, reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. Existing law requires that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and makes those facilities subject to enforcement actions by the State Department of Public Health.This bill would repeal the requirement that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified. The bill would require a health facility to require a patient or a primary caregiver, as defined, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis and would require medicinal cannabis to be stored securely at all times. The bill would require the patient or the patients primary caregiver to, upon discharge, remove all remaining medicinal cannabis and, if a patient cannot remove the medicinal cannabis and does not have a primary caregiver, would require the storage of the product in a locked container until it is disposed of, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1649.1 of the Health and Safety Code is amended to read:1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter:(a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.(b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250.(2) The meaning of health care facility shall not include any of the following:(A) A chemical dependency recovery hospital.(B) A state hospital.(C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.(c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.(d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1.(e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course.SEC. 2. Section 1649.2 of the Health and Safety Code is amended to read:1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following:(a) Prohibit smoking or vaping as methods to use medicinal cannabis.(b) Include the use of medicinal cannabis within the patients medical records.(c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7.(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.(e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver.(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.(g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter.SEC. 3. Section 1649.3 of the Health and Safety Code is repealed.SEC. 4. Section 1649.3 is added to the Health and Safety Code, to read:1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis.SEC. 5. Section 1649.4 of the Health and Safety Code is amended to read:1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan.SEC. 6. Section 1649.5 of the Health and Safety Code is amended to read:1649.5. (a) This chapter shall be enforced by the State Department of Public Health.(b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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| 1 | + | Enrolled August 18, 2022 Passed IN Senate August 16, 2022 Passed IN Assembly August 04, 2022 Amended IN Assembly June 08, 2022 CALIFORNIA LEGISLATURE 20212022 REGULAR SESSION Senate Bill No. 988Introduced by Senator HuesoFebruary 14, 2022 An act to amend Sections 1649.1, 1649.2, 1649.4, and 1649.5 of, and to repeal and add Section 1649.3 of, the Health and Safety Code, relating to health care facilities. LEGISLATIVE COUNSEL'S DIGESTSB 988, Hueso. Compassionate Access to Medical Cannabis Act or Ryans Law.Existing law, the Compassionate Access to Medical Cannabis Act or Ryans Law, requires specified types of health care facilities to allow a terminally ill patients use of medicinal cannabis within the health care facility, subject to certain restrictions. Existing law requires a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. Existing law requires a health care facility to, among other requirements regarding medicinal cannabis, reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. Existing law requires that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and makes those facilities subject to enforcement actions by the State Department of Public Health.This bill would repeal the requirement that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified. The bill would require a health facility to require a patient or a primary caregiver, as defined, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis and would require medicinal cannabis to be stored securely at all times. The bill would require the patient or the patients primary caregiver to, upon discharge, remove all remaining medicinal cannabis and, if a patient cannot remove the medicinal cannabis and does not have a primary caregiver, would require the storage of the product in a locked container until it is disposed of, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1649.1 of the Health and Safety Code is amended to read:1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter:(a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.(b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250.(2) The meaning of health care facility shall not include any of the following:(A) A chemical dependency recovery hospital.(B) A state hospital.(C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.(c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.(d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1.(e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course.SEC. 2. Section 1649.2 of the Health and Safety Code is amended to read:1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following:(a) Prohibit smoking or vaping as methods to use medicinal cannabis.(b) Include the use of medicinal cannabis within the patients medical records.(c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7.(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.(e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver.(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.(g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter.SEC. 3. Section 1649.3 of the Health and Safety Code is repealed.SEC. 4. Section 1649.3 is added to the Health and Safety Code, to read:1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis.SEC. 5. Section 1649.4 of the Health and Safety Code is amended to read:1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan.SEC. 6. Section 1649.5 of the Health and Safety Code is amended to read:1649.5. (a) This chapter shall be enforced by the State Department of Public Health.(b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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| 14 | 24 | | |
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| 15 | 25 | | LEGISLATIVE COUNSEL'S DIGEST |
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| 16 | 26 | | |
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| 17 | 27 | | ## LEGISLATIVE COUNSEL'S DIGEST |
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| 18 | 28 | | |
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| 19 | 29 | | SB 988, Hueso. Compassionate Access to Medical Cannabis Act or Ryans Law. |
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| 20 | 30 | | |
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| 21 | 31 | | Existing law, the Compassionate Access to Medical Cannabis Act or Ryans Law, requires specified types of health care facilities to allow a terminally ill patients use of medicinal cannabis within the health care facility, subject to certain restrictions. Existing law requires a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. Existing law requires a health care facility to, among other requirements regarding medicinal cannabis, reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. Existing law requires that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and makes those facilities subject to enforcement actions by the State Department of Public Health.This bill would repeal the requirement that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified. The bill would require a health facility to require a patient or a primary caregiver, as defined, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis and would require medicinal cannabis to be stored securely at all times. The bill would require the patient or the patients primary caregiver to, upon discharge, remove all remaining medicinal cannabis and, if a patient cannot remove the medicinal cannabis and does not have a primary caregiver, would require the storage of the product in a locked container until it is disposed of, as specified. |
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| 22 | 32 | | |
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| 23 | 33 | | Existing law, the Compassionate Access to Medical Cannabis Act or Ryans Law, requires specified types of health care facilities to allow a terminally ill patients use of medicinal cannabis within the health care facility, subject to certain restrictions. Existing law requires a patient to provide the health care facility with a copy of their medical marijuana card or written documentation that the use of medicinal cannabis is recommended by a physician. Existing law requires a health care facility to, among other requirements regarding medicinal cannabis, reasonably restrict the manner in which a patient stores and uses medicinal cannabis to ensure the safety of other patients, guests, and employees of the health care facility, compliance with other state laws, and the safe operations of the health care facility. Existing law requires that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified, and makes those facilities subject to enforcement actions by the State Department of Public Health. |
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| 24 | 34 | | |
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| 25 | 35 | | This bill would repeal the requirement that health care facilities permitting patient use of medical cannabis comply with other drug and medication requirements, as specified. The bill would require a health facility to require a patient or a primary caregiver, as defined, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis and would require medicinal cannabis to be stored securely at all times. The bill would require the patient or the patients primary caregiver to, upon discharge, remove all remaining medicinal cannabis and, if a patient cannot remove the medicinal cannabis and does not have a primary caregiver, would require the storage of the product in a locked container until it is disposed of, as specified. |
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| 26 | 36 | | |
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| 27 | 37 | | ## Digest Key |
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| 28 | 38 | | |
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| 29 | 39 | | ## Bill Text |
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| 30 | 40 | | |
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| 31 | 41 | | The people of the State of California do enact as follows:SECTION 1. Section 1649.1 of the Health and Safety Code is amended to read:1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter:(a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.(b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250.(2) The meaning of health care facility shall not include any of the following:(A) A chemical dependency recovery hospital.(B) A state hospital.(C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.(c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.(d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1.(e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course.SEC. 2. Section 1649.2 of the Health and Safety Code is amended to read:1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following:(a) Prohibit smoking or vaping as methods to use medicinal cannabis.(b) Include the use of medicinal cannabis within the patients medical records.(c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7.(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.(e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver.(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.(g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter.SEC. 3. Section 1649.3 of the Health and Safety Code is repealed.SEC. 4. Section 1649.3 is added to the Health and Safety Code, to read:1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis.SEC. 5. Section 1649.4 of the Health and Safety Code is amended to read:1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan.SEC. 6. Section 1649.5 of the Health and Safety Code is amended to read:1649.5. (a) This chapter shall be enforced by the State Department of Public Health.(b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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| 32 | 42 | | |
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| 33 | 43 | | The people of the State of California do enact as follows: |
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| 34 | 44 | | |
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| 35 | 45 | | ## The people of the State of California do enact as follows: |
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| 36 | 46 | | |
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| 37 | 47 | | SECTION 1. Section 1649.1 of the Health and Safety Code is amended to read:1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter:(a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.(b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250.(2) The meaning of health care facility shall not include any of the following:(A) A chemical dependency recovery hospital.(B) A state hospital.(C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.(c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.(d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1.(e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course. |
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| 38 | 48 | | |
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| 39 | 49 | | SECTION 1. Section 1649.1 of the Health and Safety Code is amended to read: |
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| 40 | 50 | | |
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| 41 | 51 | | ### SECTION 1. |
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| 42 | 52 | | |
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| 43 | 53 | | 1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter:(a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.(b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250.(2) The meaning of health care facility shall not include any of the following:(A) A chemical dependency recovery hospital.(B) A state hospital.(C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.(c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.(d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1.(e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course. |
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| 44 | 54 | | |
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| 45 | 55 | | 1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter:(a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.(b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250.(2) The meaning of health care facility shall not include any of the following:(A) A chemical dependency recovery hospital.(B) A state hospital.(C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.(c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.(d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1.(e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course. |
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| 46 | 56 | | |
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| 47 | 57 | | 1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter:(a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act.(b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250.(2) The meaning of health care facility shall not include any of the following:(A) A chemical dependency recovery hospital.(B) A state hospital.(C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care.(c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10.(d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1.(e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course. |
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| 48 | 58 | | |
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| 49 | 59 | | |
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| 50 | 60 | | |
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| 51 | 61 | | 1649.1. Unless the context requires otherwise, the following definitions shall apply to this chapter: |
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| 52 | 62 | | |
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| 53 | 63 | | (a) Compassionate Use Act of 1996 means the initiative measure enacted by the approval of Proposition 215 at the November 5, 1996, statewide general election and found at Section 11362.5, and any amendments to that act. |
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| 54 | 64 | | |
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| 55 | 65 | | (b) (1) Except as provided in paragraph (2), health care facility means a health facility specified in subdivision (a), (c), (f), (i), or (n) of Section 1250. |
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| 56 | 66 | | |
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| 57 | 67 | | (2) The meaning of health care facility shall not include any of the following: |
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| 58 | 68 | | |
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| 59 | 69 | | (A) A chemical dependency recovery hospital. |
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| 60 | 70 | | |
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| 61 | 71 | | (B) A state hospital. |
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| 62 | 72 | | |
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| 63 | 73 | | (C) An emergency department of a health care facility, as specified in subdivision (a) of Section 1250, while the patient is receiving emergency services and care. |
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| 64 | 74 | | |
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| 65 | 75 | | (c) Medicinal cannabis means cannabis or a cannabis product used in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10. |
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| 66 | 76 | | |
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| 67 | 77 | | (d) Patient means an individual who is terminally ill. Patient does not include an individual receiving emergency services and care, as defined in Section 1317.1. |
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| 68 | 78 | | |
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| 69 | 79 | | (e) Terminally ill means a medical condition resulting in a prognosis of life of one year or less, if the disease follows its natural course. |
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| 70 | 80 | | |
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| 71 | 81 | | SEC. 2. Section 1649.2 of the Health and Safety Code is amended to read:1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following:(a) Prohibit smoking or vaping as methods to use medicinal cannabis.(b) Include the use of medicinal cannabis within the patients medical records.(c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7.(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.(e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver.(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.(g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter. |
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| 72 | 82 | | |
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| 73 | 83 | | SEC. 2. Section 1649.2 of the Health and Safety Code is amended to read: |
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| 74 | 84 | | |
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| 75 | 85 | | ### SEC. 2. |
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| 76 | 86 | | |
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| 77 | 87 | | 1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following:(a) Prohibit smoking or vaping as methods to use medicinal cannabis.(b) Include the use of medicinal cannabis within the patients medical records.(c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7.(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.(e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver.(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.(g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter. |
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| 78 | 88 | | |
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| 79 | 89 | | 1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following:(a) Prohibit smoking or vaping as methods to use medicinal cannabis.(b) Include the use of medicinal cannabis within the patients medical records.(c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7.(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.(e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver.(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.(g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter. |
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| 80 | 90 | | |
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| 81 | 91 | | 1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following:(a) Prohibit smoking or vaping as methods to use medicinal cannabis.(b) Include the use of medicinal cannabis within the patients medical records.(c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7.(d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis.(e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver.(f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage.(g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter. |
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| 82 | 92 | | |
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| 83 | 93 | | |
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| 84 | 94 | | |
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| 85 | 95 | | 1649.2. A health care facility shall permit patient use of medical cannabis and shall do all of the following: |
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| 86 | 96 | | |
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| 87 | 97 | | (a) Prohibit smoking or vaping as methods to use medicinal cannabis. |
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| 88 | 98 | | |
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| 89 | 99 | | (b) Include the use of medicinal cannabis within the patients medical records. |
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| 90 | 100 | | |
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| 91 | 101 | | (c) Require a patient to provide a copy of the patients valid identification card, as described in Section 11362.715, or a copy of that patients written documentation as defined in Section 11362.7. |
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| 92 | 102 | | |
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| 93 | 103 | | (d) Require a patient or a primary caregiver, as defined in Section 11362.7, to be responsible for acquiring, retrieving, administering, and removing medicinal cannabis. |
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| 94 | 104 | | |
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| 95 | 105 | | (e) Require medicinal cannabis to be stored securely at all times in a locked container in the patients room, other designated area, or with the patients primary caregiver. |
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| 96 | 106 | | |
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| 97 | 107 | | (f) Prohibit health care professionals and facility staff, including, but not limited to, physicians, nurses, and pharmacists, from administering medicinal cannabis or retrieving medicinal cannabis from storage. |
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| 98 | 108 | | |
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| 99 | 109 | | (g) Develop and disseminate written guidelines for the use and disposal of medicinal cannabis within the health care facility pursuant to this chapter. |
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| 100 | 110 | | |
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| 101 | 111 | | SEC. 3. Section 1649.3 of the Health and Safety Code is repealed. |
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| 102 | 112 | | |
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| 103 | 113 | | SEC. 3. Section 1649.3 of the Health and Safety Code is repealed. |
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| 104 | 114 | | |
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| 105 | 115 | | ### SEC. 3. |
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| 106 | 116 | | |
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| 107 | 117 | | |
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| 108 | 118 | | |
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| 109 | 119 | | SEC. 4. Section 1649.3 is added to the Health and Safety Code, to read:1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis. |
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| 110 | 120 | | |
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| 111 | 121 | | SEC. 4. Section 1649.3 is added to the Health and Safety Code, to read: |
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| 112 | 122 | | |
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| 113 | 123 | | ### SEC. 4. |
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| 114 | 124 | | |
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| 115 | 125 | | 1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis. |
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| 116 | 126 | | |
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| 117 | 127 | | 1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis. |
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| 118 | 128 | | |
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| 119 | 129 | | 1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis. |
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| 120 | 130 | | |
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| 121 | 131 | | |
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| 122 | 132 | | |
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| 123 | 133 | | 1649.3. Upon discharge, all remaining medicinal cannabis shall be removed by the patient or patients primary caregiver. If a patient cannot remove the medicinal cannabis and does not have a primary caregiver that is available to remove the medicinal cannabis, the product shall be stored in a locked container until it is disposed of in accordance with the health facility policy and procedure governing medicinal cannabis. |
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| 124 | 134 | | |
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| 125 | 135 | | SEC. 5. Section 1649.4 of the Health and Safety Code is amended to read:1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan. |
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| 126 | 136 | | |
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| 127 | 137 | | SEC. 5. Section 1649.4 of the Health and Safety Code is amended to read: |
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| 128 | 138 | | |
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| 129 | 139 | | ### SEC. 5. |
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| 130 | 140 | | |
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| 131 | 141 | | 1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan. |
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| 132 | 142 | | |
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| 133 | 143 | | 1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan. |
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| 134 | 144 | | |
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| 135 | 145 | | 1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan. |
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| 136 | 146 | | |
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| 137 | 147 | | |
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| 138 | 148 | | |
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| 139 | 149 | | 1649.4. This chapter does not require a health care facility to provide or furnish a patient with a recommendation to use medicinal cannabis in compliance with the Compassionate Use Act of 1996 and Article 2.5 (commencing with Section 11362.7) of Chapter 6 of Division 10 or include medicinal cannabis in a patients discharge plan. |
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| 140 | 150 | | |
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| 141 | 151 | | SEC. 6. Section 1649.5 of the Health and Safety Code is amended to read:1649.5. (a) This chapter shall be enforced by the State Department of Public Health.(b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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| 142 | 152 | | |
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| 143 | 153 | | SEC. 6. Section 1649.5 of the Health and Safety Code is amended to read: |
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| 144 | 154 | | |
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| 145 | 155 | | ### SEC. 6. |
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| 146 | 156 | | |
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| 147 | 157 | | 1649.5. (a) This chapter shall be enforced by the State Department of Public Health.(b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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| 148 | 158 | | |
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| 149 | 159 | | 1649.5. (a) This chapter shall be enforced by the State Department of Public Health.(b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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| 150 | 160 | | |
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| 151 | 161 | | 1649.5. (a) This chapter shall be enforced by the State Department of Public Health.(b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility.(c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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| 152 | 162 | | |
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| 153 | 163 | | |
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| 154 | 164 | | |
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| 155 | 165 | | 1649.5. (a) This chapter shall be enforced by the State Department of Public Health. |
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| 156 | 166 | | |
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| 157 | 167 | | (b) Compliance with this chapter shall not be a condition for obtaining, retaining , or renewing a license as a health care facility. |
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| 158 | 168 | | |
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| 159 | 169 | | (c) This chapter does not reduce, expand, or otherwise modify the laws restricting the cultivation, possession, distribution, or use of cannabis that may be otherwise applicable, including, but not limited to, the Control, Regulate and Tax Adult Use of Marijuana Act, an initiative measure enacted by the approval of Proposition 64 at the November 8, 2016, statewide general election, and any amendments to that act. |
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