Connecticut 2018 Regular Session

Connecticut Senate Bill SB00225 Compare Versions

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1-General Assembly Substitute Bill No. 225
2-February Session, 2018 *_____SB00225VA____031518____*
1+General Assembly Raised Bill No. 225
2+February Session, 2018 LCO No. 978
3+ *00978_______VA_*
4+Referred to Committee on VETERANS' AFFAIRS
5+Introduced by:
6+(VA)
37
48 General Assembly
59
6-Substitute Bill No. 225
10+Raised Bill No. 225
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812 February Session, 2018
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10-*_____SB00225VA____031518____*
14+LCO No. 978
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12-AN ACT EXTENDING THE VALIDITY OF WRITTEN CERTIFICATIONS FOR MEDICAL MARIJUANA AND IDENTIFYING VETERANS WHO HAVE PRESCRIPTIONS THEREFOR.
16+*00978_______VA_*
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18+Referred to Committee on VETERANS' AFFAIRS
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20+Introduced by:
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22+(VA)
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24+AN ACT WAIVING FOR VETERANS CERTAIN FEES FOR PRESCRIBED MEDICAL MARIJUANA.
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1426 Be it enacted by the Senate and House of Representatives in General Assembly convened:
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16-Section 1. Subsection (b) of section 21a-408c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
28+Section 1. Subsection (a) of section 21a-408d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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18-(b) Any initial written certification for the palliative use of marijuana issued by a physician or an advanced practice registered nurse under subsection (a) of this section shall be valid for a period not to exceed [one year] thirteen months from the date such initial written certification is signed and dated by the physician or advanced practice registered nurse, and any subsequent written certification shall be valid for a period not to exceed one year from the date such subsequent written certification is signed and dated. Not later than ten calendar days after the expiration of such period, or at any time before the expiration of such period should the qualifying patient no longer wish to possess marijuana for palliative use, the qualifying patient or the primary caregiver shall destroy all usable marijuana possessed by the qualifying patient and the primary caregiver for palliative use.
30+(a) Each qualifying patient who is issued a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 21a-408a, and the primary caregiver of such qualifying patient, shall register with the Department of Consumer Protection. Such registration shall be effective from the date the Department of Consumer Protection issues a certificate of registration until the expiration of the written certification issued by the physician or advanced practice registered nurse. The qualifying patient and the primary caregiver shall provide sufficient identifying information, as determined by the department, to establish the personal identity of the qualifying patient and the primary caregiver. If the qualifying patient is under eighteen years of age and not an emancipated minor, the custodial parent, guardian or other person having legal custody of the qualifying patient shall also provide a letter from both the qualifying patient's primary care provider and a physician who is board certified in an area of medicine involved in the treatment of the debilitating condition for which the qualifying patient was certified that confirms that the palliative use of marijuana is in the best interest of the qualifying patient. A physician may issue a written certification for the palliative use of marijuana by a qualifying patient who is under eighteen years of age, provided such written certification shall not be for marijuana in a dosage form that requires that the marijuana be smoked, inhaled or vaporized. The qualifying patient or the primary caregiver shall report any change in the identifying information to the department not later than five business days after such change. The department shall issue a registration certificate to the qualifying patient and to the primary caregiver and may charge a reasonable fee, not to exceed twenty-five dollars, for each registration certificate issued under this subsection, except that no such fee shall be charged to a qualifying patient who is a veteran, as defined in subsection (a) of section 27-103. Any registration fees collected by the department under this subsection shall be paid to the State Treasurer and credited to the General Fund.
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20-Sec. 2. Subsection (a) of section 21a-408d of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
32+Sec. 2. Subsection (b) of section 21a-408m of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2018):
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22-(a) Each qualifying patient who is issued a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 21a-408a, and the primary caregiver of such qualifying patient, shall register with the Department of Consumer Protection. Such registration shall be effective from the date the Department of Consumer Protection issues a certificate of registration until the expiration of the written certification issued by the physician or advanced practice registered nurse. The qualifying patient and the primary caregiver shall provide sufficient identifying information, as determined by the department, to establish the personal identity of the qualifying patient and the primary caregiver. The department shall afford the qualifying patient an opportunity to provide information identifying such qualifying patient as a veteran, as defined in subsection (a) of section 27-103. If the qualifying patient is under eighteen years of age and not an emancipated minor, the custodial parent, guardian or other person having legal custody of the qualifying patient shall also provide a letter from both the qualifying patient's primary care provider and a physician who is board certified in an area of medicine involved in the treatment of the debilitating condition for which the qualifying patient was certified that confirms that the palliative use of marijuana is in the best interest of the qualifying patient. A physician may issue a written certification for the palliative use of marijuana by a qualifying patient who is under eighteen years of age, provided such written certification shall not be for marijuana in a dosage form that requires that the marijuana be smoked, inhaled or vaporized. The qualifying patient or the primary caregiver shall report any change in the identifying information to the department not later than five business days after such change. The department shall issue a registration certificate to the qualifying patient and to the primary caregiver and may charge a reasonable fee, not to exceed twenty-five dollars, for each registration certificate issued under this subsection. Any registration fees collected by the department under this subsection shall be paid to the State Treasurer and credited to the General Fund.
34+(b) The Commissioner of Consumer Protection shall adopt regulations, in accordance with chapter 54, to establish a reasonable fee to be collected from each qualifying patient to whom a written certification for the palliative use of marijuana is issued under subdivision (1) of subsection (a) of section 21a-408a, for the purpose of offsetting the direct and indirect costs of administering the provisions of sections 21a-408 to 21a-408n, inclusive. The commissioner shall collect such fee at the time the qualifying patient registers with the Department of Consumer Protection under subsection (a) of section 21a-408d, as amended by this act, except that no such fee shall be collected from a qualifying patient who is a veteran, as defined in subsection (a) of section 27-103. Such fee shall be in addition to any registration fee that may be charged under [said subsection] subsection (a) of section 21a-408d, as amended by this act. The fees required to be collected by the commissioner from qualifying patients under this subsection shall be paid to the State Treasurer and credited to the General Fund.
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2739 This act shall take effect as follows and shall amend the following sections:
28-Section 1 October 1, 2018 21a-408c(b)
29-Sec. 2 October 1, 2018 21a-408d(a)
40+Section 1 October 1, 2018 21a-408d(a)
41+Sec. 2 October 1, 2018 21a-408m(b)
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3143 This act shall take effect as follows and shall amend the following sections:
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3345 Section 1
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3547 October 1, 2018
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37-21a-408c(b)
49+21a-408d(a)
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3951 Sec. 2
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4153 October 1, 2018
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43-21a-408d(a)
55+21a-408m(b)
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57+Statement of Purpose:
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59+To require the Commissioner of Consumer Protection to waive the registration and administration fees for veterans registered as qualifying patients for the palliative use of marijuana.
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47-VA Joint Favorable Subst.
48-
49-VA
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51-Joint Favorable Subst.
61+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]