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OLR Bill Analysis
sHB 5147
AN ACT CONCERNING PHYSICIAN ASSISTANTS AND THE
PALLIATIVE USE OF MARIJUANA.
SUMMARY
This bill extends to physician assistants (PAs) the ability to certify a
patient for medical marijuana use (except for glaucoma). Existing law
allows advance practice registered nurses (APRNs) and physicians to
certify patients for medical marijuana use (only physicians can certify
glaucoma patients).
Among other things, the bill allows PAs to:
1. diagnose a patient's qualifying debilitating condition, except the
bill does not authorize PAs to certify marijuana use for glaucoma;
2. issue a written certification, for up to one year, for a patient to use
medical marijuana after (a) completing a medically reasonable
assessment of the patient’s medical history and condition; (b)
making the diagnosis that the palliative use of marijuana would
likely outweigh the health risks; and (c) explaining the potential
risks and benefits to the patient and parent or guardian of a
patient lacking legal capacity;
3. until June 30, 2023, certify a qualifying patient’s use of medical
marijuana and provide follow-up care using telehealth if they
comply with other statutory certification and recordkeeping
requirements; and
4. possess and supply marijuana to treat side effects of
chemotherapy.
The bill extends to PAs the same protections from civil, criminal, and
disciplinary liability that already apply to physicians and APRNs under 2022HB-05147-R000174-BA.DOCX
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the medical marijuana law. As is the case for physicians and APRNs,
the bill prohibits PAs from having a financial interest in any cannabis
establishment, except retailers and delivery services.
The bill also makes various minor, technical, and conforming
changes.
EFFECTIVE DATE: January 1, 2023
COMMITTEE ACTION
General Law Committee
Joint Favorable Substitute
Yea 18 Nay 0 (03/15/2022)