Connecticut 2022 Regular Session

Connecticut House Bill HB05147 Compare Versions

Version 1 (Old)

Version 2 (New)

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7		-	General Assembly Substitute Bill No. 5147
	4	+	LCO No. 1205 1 of 14
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	6	+	General Assembly Raised Bill No. 5147
8	7		February Session, 2022
	8	+	LCO No. 1205
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	10	+
	11	+	Referred to Committee on GENERAL LAW
	12	+
	13	+
	14	+	Introduced by:
	15	+	(GL)
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13	19
14	20		AN ACT CONCERNING PHYSICIAN ASSISTANTS AND THE
15	21		PALLIATIVE USE OF MARIJUANA.
16	22		Be it enacted by the Senate and House of Representatives in General
17	23		Assembly convened:
18	24
19	25		Section 1. Section 21a-408 of the 2022 supplement to the general 1
20	26		statutes is repealed and the following is substituted in lieu thereof 2
21	27		(Effective January 1, 2023): 3
22	28		As used in this section, sections 21a-408a to 21a-408o, inclusive, as 4
23	29		amended by this act, and sections 21a-408r to 21a-408v, inclusive, unless 5
24	30		the context otherwise requires: 6
25	31		(1) "Advanced practice registered nurse" means an advanced practice 7
26	32		registered nurse licensed pursuant to chapter 378; 8
27	33		(2) "Cannabis establishment" has the same meaning as provided in 9
28	34		section 21a-420; 10
29	35		(3) "Cultivation" includes planting, propagating, cultivating, growing 11
30	36		and harvesting; 12
31		-	(4) "Debilitating medical condition" means (A) cancer, glaucoma, 13
	37	+	(4) "Debilitating medical condition" means (A) cancer, glaucoma, 13 Raised Bill No. 5147
	38	+
	39	+
	40	+
	41	+	LCO No. 1205 2 of 14
	42	+
32	43		positive status for human immunodeficiency virus or acquired immune 14
33	44		deficiency syndrome, Parkinson's disease, multiple sclerosis, damage to 15
34		-	the nervous tissue of the spinal cord with objective neurological 16 Substitute Bill No. 5147
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40		-
	45	+	the nervous tissue of the spinal cord with objective neurological 16
41	46		indication of intractable spasticity, epilepsy or uncontrolled intractable 17
42	47		seizure disorder, cachexia, wasting syndrome, Crohn's disease, 18
43	48		posttraumatic stress disorder, irreversible spinal cord injury with 19
44	49		objective neurological indication of intractable spasticity, cerebral palsy, 20
45	50		cystic fibrosis or terminal illness requiring end-of-life care, except, if the 21
46	51		qualifying patient is under eighteen years of age, "debilitating medical 22
47	52		condition" means terminal illness requiring end-of-life care, irreversible 23
48	53		spinal cord injury with objective neurological indication of intractable 24
49	54		spasticity, cerebral palsy, cystic fibrosis, severe epilepsy or uncontrolled 25
50	55		intractable seizure disorder, or (B) any medical condition, medical 26
51	56		treatment or disease approved for qualifying patients by the 27
52	57		Department of Consumer Protection and posted online pursuant to 28
53	58		section 21a-408l; 29
54	59		(5) "Dispensary facility" means a place of business where marijuana 30
55	60		may be dispensed, sold or distributed in accordance with this chapter 31
56	61		and any regulations adopted thereunder to qualifying patients and 32
57	62		caregivers and for which the department has issued a dispensary facility 33
58	63		license pursuant to this chapter; 34
59	64		(6) "Employee" has the same meaning as provided in section 21a-420; 35
60	65		(7) "Institutional animal care and use committee" means a committee 36
61	66		that oversees an organization's animal program, facilities and 37
62	67		procedures to ensure compliance with federal policies, guidelines and 38
63	68		principles related to the care and use of animals in research; 39
64	69		(8) "Institutional review board" means a specifically constituted 40
65	70		review body established or designated by an organization to protect the 41
66	71		rights and welfare of persons recruited to participate in biomedical, 42
67	72		behavioral or social science research; 43
68	73		(9) "Laboratory" means a laboratory located in the state that is 44
69		-	licensed by the department to provide analysis of marijuana and that 45
70		-	meets the licensure requirements set forth in section 21a-246, as 46
71		-	amended by this act; 47 Substitute Bill No. 5147
	74	+	licensed by the department to provide analysis of marijuana and that 45 Raised Bill No. 5147
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78		-	(10) "Laboratory employee" means a person who is registered as a 48
79		-	laboratory employee pursuant to section 21a-408r; 49
80		-	(11) "Licensed dispensary" or "dispensary" means an individual who 50
81		-	is a licensed pharmacist employed by a dispensary facility or hybrid 51
82		-	retailer; 52
83		-	(12) "Producer" means a person who is licensed as a producer 53
84		-	pursuant to section 21a-408i; 54
85		-	(13) "Marijuana" means marijuana, as defined in section 21a-240; 55
86		-	(14) "Nurse" means a person who is licensed as a nurse under chapter 56
87		-	378; 57
88		-	(15) "Palliative use" means the acquisition, distribution, transfer, 58
89		-	possession, use or transportation of marijuana or paraphernalia relating 59
90		-	to marijuana, including the transfer of marijuana and paraphernalia 60
91		-	relating to marijuana from the patient's caregiver to the qualifying 61
92		-	patient, to alleviate a qualifying patient's symptoms of a debilitating 62
93		-	medical condition or the effects of such symptoms, but does not include 63
94		-	any such use of marijuana by any person other than the qualifying 64
95		-	patient; 65
96		-	(16) "Paraphernalia" means drug paraphernalia, as defined in section 66
97		-	21a-240; 67
98		-	(17) "Physician" means a person who is licensed as a physician under 68
99		-	chapter 370; [, but does not include a physician assistant, as defined in 69
100		-	section 20-12a;] 70
101		-	(18) "Physician assistant" means a person who is licensed as a 71
102		-	physician assistant under chapter 370; 72
103		-	[(18)] (19) "Caregiver" means a person, other than the qualifying 73
104		-	patient and the qualifying patient's physician, physician assistant or 74
105		-	advanced practice registered nurse, who is eighteen years of age or older 75 Substitute Bill No. 5147
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	79	+
	80	+	meets the licensure requirements set forth in section 21a-246; 46
	81	+	(10) "Laboratory employee" means a person who is registered as a 47
	82	+	laboratory employee pursuant to section 21a-408r; 48
	83	+	(11) "Licensed dispensary" or "dispensary" means an individual who 49
	84	+	is a licensed pharmacist employed by a dispensary facility or hybrid 50
	85	+	retailer; 51
	86	+	(12) "Producer" means a person who is licensed as a producer 52
	87	+	pursuant to section 21a-408i; 53
	88	+	(13) "Marijuana" means marijuana, as defined in section 21a-240; 54
	89	+	(14) "Nurse" means a person who is licensed as a nurse under chapter 55
	90	+	378; 56
	91	+	(15) "Palliative use" means the acquisition, distribution, transfer, 57
	92	+	possession, use or transportation of marijuana or paraphernalia relating 58
	93	+	to marijuana, including the transfer of marijuana and paraphernalia 59
	94	+	relating to marijuana from the patient's caregiver to the qualifying 60
	95	+	patient, to alleviate a qualifying patient's symptoms of a debilitating 61
	96	+	medical condition or the effects of such symptoms, but does not include 62
	97	+	any such use of marijuana by any person other than the qualifying 63
	98	+	patient; 64
	99	+	(16) "Paraphernalia" means drug paraphernalia, as defined in section 65
	100	+	21a-240; 66
	101	+	(17) "Physician" means a person who is licensed as a physician under 67
	102	+	chapter 370; [, but does not include a physician assistant, as defined in 68
	103	+	section 20-12a;] 69
	104	+	(18) "Physician assistant" means a person who is licensed as a 70
	105	+	physician assistant under chapter 370; 71
	106	+	[(18)] (19) "Caregiver" means a person, other than the qualifying 72
	107	+	patient and the qualifying patient's physician, physician assistant or 73 Raised Bill No. 5147
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112		-	and has agreed to undertake responsibility for managing the well-being 76
113		-	of the qualifying patient with respect to the palliative use of marijuana, 77
114		-	provided (A) in the case of a qualifying patient (i) under eighteen years 78
115		-	of age and not an emancipated minor, or (ii) otherwise lacking legal 79
116		-	capacity, such person shall be a parent, guardian or person having legal 80
117		-	custody of such qualifying patient, and (B) in the case of a qualifying 81
118		-	patient eighteen years of age or older or an emancipated minor, the need 82
119		-	for such person shall be evaluated by the qualifying patient's physician, 83
120		-	physician assistant or advanced practice registered nurse and such need 84
121		-	shall be documented in the written certification; 85
122		-	[(19)] (20) "Qualifying patient" means a person who: (A) Is a resident 86
123		-	of Connecticut, (B) has been diagnosed by a physician, physician 87
124		-	assistant or [an] advanced practice registered nurse as having a 88
125		-	debilitating medical condition, and (C) (i) is eighteen years of age or 89
126		-	older, (ii) is an emancipated minor, or (iii) has written consent from a 90
127		-	custodial parent, guardian or other person having legal custody of such 91
128		-	person that indicates that such person has permission from such parent, 92
129		-	guardian or other person for the palliative use of marijuana for a 93
130		-	debilitating medical condition and that such parent, guardian or other 94
131		-	person will (I) serve as a caregiver for the qualifying patient, and (II) 95
132		-	control the acquisition and possession of marijuana and any related 96
133		-	paraphernalia for palliative use on behalf of such person. "Qualifying 97
134		-	patient" does not include an inmate confined in a correctional institution 98
135		-	or facility under the supervision of the Department of Correction; 99
136		-	[(20)] (21) "Research program" means a study approved by the 100
137		-	Department of Consumer Protection in accordance with this chapter 101
138		-	and undertaken to increase information or knowledge regarding the 102
139		-	growth or processing of marijuana, or the medical attributes, dosage 103
140		-	forms, administration or use of marijuana to treat or alleviate symptoms 104
141		-	of any medical conditions or the effects of such symptoms; 105
142		-	[(21)] (22) "Research program employee" means a person who (A) is 106
143		-	registered as a research program employee under section 21a-408t, or 107
144		-	(B) holds a temporary certificate of registration issued pursuant to 108 Substitute Bill No. 5147
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	112	+
	113	+	advanced practice registered nurse, who is eighteen years of age or older 74
	114	+	and has agreed to undertake responsibility for managing the well-being 75
	115	+	of the qualifying patient with respect to the palliative use of marijuana, 76
	116	+	provided (A) in the case of a qualifying patient (i) under eighteen years 77
	117	+	of age and not an emancipated minor, or (ii) otherwise lacking legal 78
	118	+	capacity, such person shall be a parent, guardian or person having legal 79
	119	+	custody of such qualifying patient, and (B) in the case of a qualifying 80
	120	+	patient eighteen years of age or older or an emancipated minor, the need 81
	121	+	for such person shall be evaluated by the qualifying patient's physician, 82
	122	+	physician assistant or advanced practice registered nurse and such need 83
	123	+	shall be documented in the written certification; 84
	124	+	[(19)] (20) "Qualifying patient" means a person who: (A) Is a resident 85
	125	+	of Connecticut, (B) has been diagnosed by a physician, physician 86
	126	+	assistant or [an] advanced practice registered nurse as having a 87
	127	+	debilitating medical condition, and (C) (i) is eighteen years of age or 88
	128	+	older, (ii) is an emancipated minor, or (iii) has written consent from a 89
	129	+	custodial parent, guardian or other person having legal custody of such 90
	130	+	person that indicates that such person has permission from such parent, 91
	131	+	guardian or other person for the palliative use of marijuana for a 92
	132	+	debilitating medical condition and that such parent, guardian or other 93
	133	+	person will (I) serve as a caregiver for the qualifying patient, and (II) 94
	134	+	control the acquisition and possession of marijuana and any related 95
	135	+	paraphernalia for palliative use on behalf of such person. "Qualifying 96
	136	+	patient" does not include an inmate confined in a correctional institution 97
	137	+	or facility under the supervision of the Department of Correction; 98
	138	+	[(20)] (21) "Research program" means a study approved by the 99
	139	+	Department of Consumer Protection in accordance with this chapter 100
	140	+	and undertaken to increase information or knowledge regarding the 101
	141	+	growth or processing of marijuana, or the medical attributes, dosage 102
	142	+	forms, administration or use of marijuana to treat or alleviate symptoms 103
	143	+	of any medical conditions or the effects of such symptoms; 104
	144	+	[(21)] (22) "Research program employee" means a person who (A) is 105
	145	+	registered as a research program employee under section 21a-408t, or 106 Raised Bill No. 5147
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151		-	section 21a-408t; 109
152		-	[(22)] (23) "Research program subject" means a person registered as a 110
153		-	research program subject pursuant to section 21a-408v; 111
154		-	[(23)] (24) "Usable marijuana" means the dried leaves and flowers of 112
155		-	the marijuana plant, and any mixtures or preparations of such leaves 113
156		-	and flowers, that are appropriate for the palliative use of marijuana, but 114
157		-	does not include the seeds, stalks and roots of the marijuana plant; and 115
158		-	[(24)] (25) "Written certification" means a written certification issued 116
159		-	by a physician, physician assistant or [an] advanced practice registered 117
160		-	nurse pursuant to section 21a-408c, as amended by this act. 118
161		-	Sec. 2. Section 21a-408a of the 2022 supplement to the general statutes 119
162		-	is repealed and the following is substituted in lieu thereof (Effective 120
163		-	January 1, 2023): 121
164		-	(a) A qualifying patient shall register with the Department of 122
165		-	Consumer Protection pursuant to section 21a-408d, as amended by this 123
166		-	act, prior to engaging in the palliative use of marijuana. A qualifying 124
167		-	patient who has a valid registration certificate from the Department of 125
168		-	Consumer Protection pursuant to subsection (a) of section 21a-408d, as 126
169		-	amended by this act, and complies with the requirements of sections 127
170		-	21a-408 to 21a-408m, as amended by this act, inclusive, shall not be 128
171		-	subject to arrest or prosecution, penalized in any manner, including, but 129
172		-	not limited to, being subject to any civil penalty, or denied any right or 130
173		-	privilege, including, but not limited to, being subject to any disciplinary 131
174		-	action by a professional licensing board, for the palliative use of 132
175		-	marijuana if: 133
176		-	(1) The qualifying patient's physician, physician assistant or 134
177		-	advanced practice registered nurse has issued a written certification to 135
178		-	the qualifying patient for the palliative use of marijuana after the 136
179		-	physician, physician assistant or advanced practice registered nurse has 137
180		-	prescribed, or determined it is not in the best interest of the patient to 138
181		-	prescribe, prescription drugs to address the symptoms or effects for 139 Substitute Bill No. 5147
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	151	+	(B) holds a temporary certificate of registration issued pursuant to 107
	152	+	section 21a-408t; 108
	153	+	[(22)] (23) "Research program subject" means a person registered as a 109
	154	+	research program subject pursuant to section 21a-408v; 110
	155	+	[(23)] (24) "Usable marijuana" means the dried leaves and flowers of 111
	156	+	the marijuana plant, and any mixtures or preparations of such leaves 112
	157	+	and flowers, that are appropriate for the palliative use of marijuana, but 113
	158	+	does not include the seeds, stalks and roots of the marijuana plant; and 114
	159	+	[(24)] (25) "Written certification" means a written certification issued 115
	160	+	by a physician, physician assistant or [an] advanced practice registered 116
	161	+	nurse pursuant to section 21a-408c, as amended by this act. 117
	162	+	Sec. 2. Section 21a-408a of the 2022 supplement to the general statutes 118
	163	+	is repealed and the following is substituted in lieu thereof (Effective 119
	164	+	January 1, 2023): 120
	165	+	(a) A qualifying patient shall register with the Department of 121
	166	+	Consumer Protection pursuant to section 21a-408d, as amended by this 122
	167	+	act, prior to engaging in the palliative use of marijuana. A qualifying 123
	168	+	patient who has a valid registration certificate from the Department of 124
	169	+	Consumer Protection pursuant to subsection (a) of section 21a-408d, as 125
	170	+	amended by this act, and complies with the requirements of sections 126
	171	+	21a-408 to 21a-408m, as amended by this act, inclusive, shall not be 127
	172	+	subject to arrest or prosecution, penalized in any manner, including, but 128
	173	+	not limited to, being subject to any civil penalty, or denied any right or 129
	174	+	privilege, including, but not limited to, being subject to any disciplinary 130
	175	+	action by a professional licensing board, for the palliative use of 131
	176	+	marijuana if: 132
	177	+	(1) The qualifying patient's physician, physician assistant or 133
	178	+	advanced practice registered nurse has issued a written certification to 134
	179	+	the qualifying patient for the palliative use of marijuana after the 135
	180	+	physician, physician assistant or advanced practice registered nurse has 136
	181	+	prescribed, or determined it is not in the best interest of the patient to 137 Raised Bill No. 5147
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188		-	which the certification is being issued; 140
189		-	(2) The combined amount of marijuana possessed by the qualifying 141
190		-	patient and the caregiver for palliative use does not exceed five ounces; 142
191		-	(3) The qualifying patient has not more than one caregiver at any 143
192		-	time; and 144
193		-	(4) Any cannabis plants grown by the qualifying patient in his or 145
194		-	home is in compliance with subsection (b) of section 21a-408d, as 146
195		-	amended by this act, and any applicable regulations. 147
196		-	(b) The provisions of subsection (a) of this section do not apply to: 148
197		-	(1) Any palliative use of marijuana that endangers the health or well-149
198		-	being of a person other than the qualifying patient or the caregiver; or 150
199		-	(2) The ingestion of marijuana (A) in a motor bus or a school bus or 151
200		-	in any other moving vehicle, (B) in the workplace, (C) on any school 152
201		-	grounds or any public or private school, dormitory, college or university 153
202		-	property, unless such college or university is participating in a research 154
203		-	program and such use is pursuant to the terms of the research program, 155
204		-	(D) in any public place, or (E) in the presence of a person under the age 156
205		-	of eighteen, unless such person is a qualifying patient or research 157
206		-	program subject. For the purposes of this subdivision, (i) "presence" 158
207		-	means within the direct line of sight of the palliative use of marijuana or 159
208		-	exposure to second-hand marijuana smoke, or both; (ii) "public place" 160
209		-	means any area that is used or held out for use by the public whether 161
210		-	owned or operated by public or private interests; (iii) "vehicle" means a 162
211		-	vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus, 163
212		-	as defined in section 14-1; and (v) "school bus" means a school bus, as 164
213		-	defined in section 14-1. 165
214		-	Sec. 3. Section 21a-408c of the 2022 supplement to the general statutes 166
215		-	is repealed and the following is substituted in lieu thereof (Effective 167
216		-	January 1, 2023): 168 Substitute Bill No. 5147
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	186	+
	187	+	prescribe, prescription drugs to address the symptoms or effects for 138
	188	+	which the certification is being issued; 139
	189	+	(2) The combined amount of marijuana possessed by the qualifying 140
	190	+	patient and the caregiver for palliative use does not exceed five ounces; 141
	191	+	(3) The qualifying patient has not more than one caregiver at any 142
	192	+	time; and 143
	193	+	(4) Any cannabis plants grown by the qualifying patient in his or 144
	194	+	home is in compliance with subsection (b) of section 21a-408d, as 145
	195	+	amended by this act, and any applicable regulations. 146
	196	+	(b) The provisions of subsection (a) of this section do not apply to: 147
	197	+	(1) Any palliative use of marijuana that endangers the health or well-148
	198	+	being of a person other than the qualifying patient or the caregiver; or 149
	199	+	(2) The ingestion of marijuana (A) in a motor bus or a school bus or 150
	200	+	in any other moving vehicle, (B) in the workplace, (C) on any school 151
	201	+	grounds or any public or private school, dormitory, college or university 152
	202	+	property, unless such college or university is participating in a research 153
	203	+	program and such use is pursuant to the terms of the research program, 154
	204	+	(D) in any public place, or (E) in the presence of a person under the age 155
	205	+	of eighteen, unless such person is a qualifying patient or research 156
	206	+	program subject. For the purposes of this subdivision, (i) "presence" 157
	207	+	means within the direct line of sight of the palliative use of marijuana or 158
	208	+	exposure to second-hand marijuana smoke, or both; (ii) "public place" 159
	209	+	means any area that is used or held out for use by the public whether 160
	210	+	owned or operated by public or private interests; (iii) "vehicle" means a 161
	211	+	vehicle, as defined in section 14-1; (iv) "motor bus" means a motor bus, 162
	212	+	as defined in section 14-1; and (v) "school bus" means a school bus, as 163
	213	+	defined in section 14-1. 164
	214	+	Sec. 3. Section 21a-408c of the 2022 supplement to the general statutes 165
	215	+	is repealed and the following is substituted in lieu thereof (Effective 166
	216	+	January 1, 2023): 167 Raised Bill No. 5147
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223		-	(a) A physician, physician assistant or [an] advanced practice 169
224		-	registered nurse may issue a written certification to a qualifying patient 170
225		-	that authorizes the palliative use of marijuana by the qualifying patient. 171
226		-	Such written certification shall be in the form prescribed by the 172
227		-	Department of Consumer Protection and shall include a statement 173
228		-	signed and dated by the qualifying patient's physician, physician 174
229		-	assistant or advanced practice registered nurse stating that, in such 175
230		-	physician's, physician assistant's or advanced practice registered nurse's 176
231		-	professional opinion, the qualifying patient has a debilitating medical 177
232		-	condition and the potential benefits of the palliative use of marijuana 178
233		-	would likely outweigh the health risks of such use to the qualifying 179
234		-	patient. 180
235		-	(b) Any written certification for the palliative use of marijuana issued 181
236		-	by a physician, physician assistant or [an] advanced practice registered 182
237		-	nurse under subsection (a) of this section shall be valid for a period not 183
238		-	to exceed one year from the date such written certification is signed and 184
239		-	dated by the physician, physician assistant or advanced practice 185
240		-	registered nurse. Not later than ten calendar days after the expiration of 186
241		-	such period, or at any time before the expiration of such period should 187
242		-	the qualifying patient no longer wish to possess marijuana for palliative 188
243		-	use, the qualifying patient or the caregiver shall destroy all usable 189
244		-	marijuana possessed by the qualifying patient and the caregiver for 190
245		-	palliative use. 191
246		-	(c) A physician, physician assistant or [an] advanced practice 192
247		-	registered nurse shall not be subject to arrest or prosecution, penalized 193
248		-	in any manner, including, but not limited to, being subject to any civil 194
249		-	penalty, or denied any right or privilege, including, but not limited to, 195
250		-	being subject to any disciplinary action by the Connecticut Medical 196
251		-	Examining Board, the Connecticut State Board of Examiners for Nursing 197
252		-	or other professional licensing board, for providing a written 198
253		-	certification for the palliative use of marijuana under subdivision (1) of 199
254		-	subsection (a) of section 21a-408a, as amended by this act, if: 200
255		-	(1) The physician, physician assistant or advanced practice registered 201 Substitute Bill No. 5147
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	221	+
	222	+	(a) A physician, physician assistant or [an] advanced practice 168
	223	+	registered nurse may issue a written certification to a qualifying patient 169
	224	+	that authorizes the palliative use of marijuana by the qualifying patient. 170
	225	+	Such written certification shall be in the form prescribed by the 171
	226	+	Department of Consumer Protection and shall include a statement 172
	227	+	signed and dated by the qualifying patient's physician, physician 173
	228	+	assistant or advanced practice registered nurse stating that, in such 174
	229	+	physician's, physician assistant's or advanced practice registered nurse's 175
	230	+	professional opinion, the qualifying patient has a debilitating medical 176
	231	+	condition and the potential benefits of the palliative use of marijuana 177
	232	+	would likely outweigh the health risks of such use to the qualifying 178
	233	+	patient. 179
	234	+	(b) Any written certification for the palliative use of marijuana issued 180
	235	+	by a physician, physician assistant or [an] advanced practice registered 181
	236	+	nurse under subsection (a) of this section shall be valid for a period not 182
	237	+	to exceed one year from the date such written certification is signed and 183
	238	+	dated by the physician, physician assistant or advanced practice 184
	239	+	registered nurse. Not later than ten calendar days after the expiration of 185
	240	+	such period, or at any time before the expiration of such period should 186
	241	+	the qualifying patient no longer wish to possess marijuana for palliative 187
	242	+	use, the qualifying patient or the caregiver shall destroy all usable 188
	243	+	marijuana possessed by the qualifying patient and the caregiver for 189
	244	+	palliative use. 190
	245	+	(c) A physician, physician assistant or [an] advanced practice 191
	246	+	registered nurse shall not be subject to arrest or prosecution, penalized 192
	247	+	in any manner, including, but not limited to, being subject to any civil 193
	248	+	penalty, or denied any right or privilege, including, but not limited to, 194
	249	+	being subject to any disciplinary action by the Connecticut Medical 195
	250	+	Examining Board, the Connecticut State Board of Examiners for Nursing 196
	251	+	or other professional licensing board, for providing a written 197
	252	+	certification for the palliative use of marijuana under subdivision (1) of 198
	253	+	subsection (a) of section 21a-408a, as amended by this act, if: 199
	254	+	(1) The physician, physician assistant or advanced practice registered 200 Raised Bill No. 5147
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262		-	nurse has diagnosed the qualifying patient as having a debilitating 202
263		-	medical condition; 203
264		-	(2) The physician, physician assistant or advanced practice registered 204
265		-	nurse has explained the potential risks and benefits of the palliative use 205
266		-	of marijuana to the qualifying patient and, if the qualifying patient lacks 206
267		-	legal capacity, to a parent, guardian or person having legal custody of 207
268		-	the qualifying patient; 208
269		-	(3) The written certification issued by the physician, physician 209
270		-	assistant or advanced practice registered nurse is based upon the 210
271		-	physician's, physician assistant's or advanced practice registered nurse's 211
272		-	professional opinion after having completed a medically reasonable 212
273		-	assessment of the qualifying patient's medical history and current 213
274		-	medical condition made in the course of a bona fide health care 214
275		-	professional-patient relationship; and 215
276		-	(4) The physician, physician assistant or advanced practice registered 216
277		-	nurse has no financial interest in a cannabis establishment, except for 217
278		-	retailers and delivery services, as such terms are defined in section 21a-218
279		-	420. 219
280		-	(d) A physician assistant or nurse shall not be subject to arrest or 220
281		-	prosecution, penalized in any manner, including, but not limited to, 221
282		-	being subject to any civil penalty, or denied any right or privilege, 222
283		-	including, but not limited to, being subject to any disciplinary action by 223
284		-	the Connecticut Medical Examining Board, Board of Examiners for 224
285		-	Nursing [,] or other professional licensing board, for administering 225
286		-	marijuana to a qualifying patient or research program subject in a 226
287		-	hospital or health care facility licensed by the Department of Public 227
288		-	Health. 228
289		-	(e) Notwithstanding the provisions of this section, sections 21a-408 to 229
290		-	21a-408b, inclusive, as amended by this act, and sections 21a-408d to 230
291		-	21a-408o, inclusive, as amended by this act, a physician assistant or an 231
292		-	advanced practice registered nurse shall not issue a written certification 232 Substitute Bill No. 5147
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	260	+	nurse has diagnosed the qualifying patient as having a debilitating 201
	261	+	medical condition; 202
	262	+	(2) The physician, physician assistant or advanced practice registered 203
	263	+	nurse has explained the potential risks and benefits of the palliative use 204
	264	+	of marijuana to the qualifying patient and, if the qualifying patient lacks 205
	265	+	legal capacity, to a parent, guardian or person having legal custody of 206
	266	+	the qualifying patient; 207
	267	+	(3) The written certification issued by the physician, physician 208
	268	+	assistant or advanced practice registered nurse is based upon the 209
	269	+	physician's, physician assistant's or advanced practice registered nurse's 210
	270	+	professional opinion after having completed a medically reasonable 211
	271	+	assessment of the qualifying patient's medical history and current 212
	272	+	medical condition made in the course of a bona fide health care 213
	273	+	professional-patient relationship; and 214
	274	+	(4) The physician, physician assistant or advanced practice registered 215
	275	+	nurse has no financial interest in a cannabis establishment, except for 216
	276	+	retailers and delivery services, as such terms are defined in section 21a-217
	277	+	420. 218
	278	+	(d) A physician assistant or nurse shall not be subject to arrest or 219
	279	+	prosecution, penalized in any manner, including, but not limited to, 220
	280	+	being subject to any civil penalty, or denied any right or privilege, 221
	281	+	including, but not limited to, being subject to any disciplinary action by 222
	282	+	the Connecticut Medical Examining Board, Board of Examiners for 223
	283	+	Nursing [,] or other professional licensing board, for administering 224
	284	+	marijuana to a qualifying patient or research program subject in a 225
	285	+	hospital or health care facility licensed by the Department of Public 226
	286	+	Health. 227
	287	+	(e) Notwithstanding the provisions of this section, sections 21a-408 to 228
	288	+	21a-408b, inclusive, as amended by this act, and sections 21a-408d to 229
	289	+	21a-408o, inclusive, as amended by this act, a physician assistant or an 230
	290	+	advanced practice registered nurse shall not issue a written certification 231
	291	+	to a qualifying patient when the qualifying patient's debilitating medical 232 Raised Bill No. 5147
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299		-	to a qualifying patient when the qualifying patient's debilitating medical 233
300		-	condition is glaucoma. 234
301		-	Sec. 4. Section 21a-408d of the 2022 supplement to the general statutes 235
302		-	is repealed and the following is substituted in lieu thereof (Effective 236
303		-	January 1, 2023): 237
304		-	(a) Each qualifying patient who is issued a written certification for the 238
305		-	palliative use of marijuana under subdivision (1) of subsection (a) of 239
306		-	section 21a-408a, as amended by this act, and the caregiver of such 240
307		-	qualifying patient, shall register with the Department of Consumer 241
308		-	Protection. Such registration shall be effective from the date the 242
309		-	Department of Consumer Protection issues a certificate of registration 243
310		-	until the expiration of the written certification issued by the physician, 244
311		-	physician assistant or advanced practice registered nurse. The 245
312		-	qualifying patient and the caregiver shall provide sufficient identifying 246
313		-	information, as determined by the department, to establish the personal 247
314		-	identity of the qualifying patient and the caregiver. If the qualifying 248
315		-	patient is under eighteen years of age and not an emancipated minor, 249
316		-	the custodial parent, guardian or other person having legal custody of 250
317		-	the qualifying patient shall also provide a letter from both the qualifying 251
318		-	patient's care provider and a physician who is board certified in an area 252
319		-	of medicine involved in the treatment of the debilitating condition for 253
320		-	which the qualifying patient was certified that confirms that the 254
321		-	palliative use of marijuana is in the best interest of the qualifying 255
322		-	patient. A physician may issue a written certification for the palliative 256
323		-	use of marijuana by a qualifying patient who is under eighteen years of 257
324		-	age, provided such written certification shall not be for marijuana in a 258
325		-	dosage form that requires that the marijuana be smoked, inhaled or 259
326		-	vaporized. The qualifying patient or the caregiver shall report any 260
327		-	change in the identifying information to the department not later than 261
328		-	five business days after such change. The department shall issue a 262
329		-	registration certificate to the qualifying patient and to the caregiver and 263
330		-	may charge a reasonable fee, not to exceed twenty-five dollars, for each 264
331		-	registration certificate issued under this subsection. Any registration 265 Substitute Bill No. 5147
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	297	+	condition is glaucoma. 233
	298	+	Sec. 4. Section 21a-408d of the 2022 supplement to the general statutes 234
	299	+	is repealed and the following is substituted in lieu thereof (Effective 235
	300	+	January 1, 2023): 236
	301	+	(a) Each qualifying patient who is issued a written certification for the 237
	302	+	palliative use of marijuana under subdivision (1) of subsection (a) of 238
	303	+	section 21a-408a, as amended by this act, and the caregiver of such 239
	304	+	qualifying patient, shall register with the Department of Consumer 240
	305	+	Protection. Such registration shall be effective from the date the 241
	306	+	Department of Consumer Protection issues a certificate of registration 242
	307	+	until the expiration of the written certification issued by the physician, 243
	308	+	physician assistant or advanced practice registered nurse. The 244
	309	+	qualifying patient and the caregiver shall provide sufficient identifying 245
	310	+	information, as determined by the department, to establish the personal 246
	311	+	identity of the qualifying patient and the caregiver. If the qualifying 247
	312	+	patient is under eighteen years of age and not an emancipated minor, 248
	313	+	the custodial parent, guardian or other person having legal custody of 249
	314	+	the qualifying patient shall also provide a letter from both the qualifying 250
	315	+	patient's care provider and a physician who is board certified in an area 251
	316	+	of medicine involved in the treatment of the debilitating condition for 252
	317	+	which the qualifying patient was certified that confirms that the 253
	318	+	palliative use of marijuana is in the best interest of the qualifying 254
	319	+	patient. A physician may issue a written certification for the palliative 255
	320	+	use of marijuana by a qualifying patient who is under eighteen years of 256
	321	+	age, provided such written certification shall not be for marijuana in a 257
	322	+	dosage form that requires that the marijuana be smoked, inhaled or 258
	323	+	vaporized. The qualifying patient or the caregiver shall report any 259
	324	+	change in the identifying information to the department not later than 260
	325	+	five business days after such change. The department shall issue a 261
	326	+	registration certificate to the qualifying patient and to the caregiver and 262
	327	+	may charge a reasonable fee, not to exceed twenty-five dollars, for each 263
	328	+	registration certificate issued under this subsection. Any registration 264
	329	+	fees collected by the department under this subsection shall be paid to 265
	330	+	the State Treasurer and credited to the General Fund. 266 Raised Bill No. 5147
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338		-	fees collected by the department under this subsection shall be paid to 266
339		-	the State Treasurer and credited to the General Fund. 267
340		-	(b) Any qualifying patient who is eighteen years of age or older may 268
341		-	cultivate up to three mature cannabis plants and three immature 269
342		-	cannabis plants in the patient's primary residence at any given time, 270
343		-	provided such plants are secure from access by any individual other 271
344		-	than the patient or patient's caregiver and no more than twelve cannabis 272
345		-	plants may be grown per household. 273
346		-	(c) A dispensary shall not dispense any marijuana products in a 274
347		-	smokable, inhalable or vaporizable form to a qualifying patient who is 275
348		-	under eighteen years of age or such qualifying patient's caregiver. 276
349		-	(d) Information obtained under this section shall be confidential and 277
350		-	shall not be subject to disclosure under the Freedom of Information Act, 278
351		-	as defined in section 1-200, except that reasonable access to registry 279
352		-	information obtained under this section shall be provided to: (1) State 280
353		-	agencies, federal agencies and local law enforcement agencies for the 281
354		-	purpose of investigating or prosecuting a violation of law; (2) 282
355		-	physicians, physician assistants, advanced practice registered nurses 283
356		-	and pharmacists for the purpose of providing patient care and drug 284
357		-	therapy management and monitoring controlled substances obtained by 285
358		-	the qualifying patient; (3) public or private entities for research or 286
359		-	educational purposes, provided no individually identifiable health 287
360		-	information may be disclosed; (4) a licensed dispensary for the purpose 288
361		-	of complying with sections 21a-408 to 21a-408m, inclusive, as amended 289
362		-	by this act; (5) a qualifying patient, but only with respect to information 290
363		-	related to such qualifying patient or such qualifying patient's caregiver; 291
364		-	or (6) a caregiver, but only with respect to information related to such 292
365		-	caregiver's qualifying patient. 293
366		-	Sec. 5. Section 21a-408m of the 2022 supplement to the general 294
367		-	statutes is repealed and the following is substituted in lieu thereof 295
368		-	(Effective January 1, 2023): 296 Substitute Bill No. 5147
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	336	+	(b) Any qualifying patient who is eighteen years of age or older may 267
	337	+	cultivate up to three mature cannabis plants and three immature 268
	338	+	cannabis plants in the patient's primary residence at any given time, 269
	339	+	provided such plants are secure from access by any individual other 270
	340	+	than the patient or patient's caregiver and no more than twelve cannabis 271
	341	+	plants may be grown per household. 272
	342	+	(c) A dispensary shall not dispense any marijuana products in a 273
	343	+	smokable, inhalable or vaporizable form to a qualifying patient who is 274
	344	+	under eighteen years of age or such qualifying patient's caregiver. 275
	345	+	(d) Information obtained under this section shall be confidential and 276
	346	+	shall not be subject to disclosure under the Freedom of Information Act, 277
	347	+	as defined in section 1-200, except that reasonable access to registry 278
	348	+	information obtained under this section shall be provided to: (1) State 279
	349	+	agencies, federal agencies and local law enforcement agencies for the 280
	350	+	purpose of investigating or prosecuting a violation of law; (2) 281
	351	+	physicians, physician assistants, advanced practice registered nurses 282
	352	+	and pharmacists for the purpose of providing patient care and drug 283
	353	+	therapy management and monitoring controlled substances obtained by 284
	354	+	the qualifying patient; (3) public or private entities for research or 285
	355	+	educational purposes, provided no individually identifiable health 286
	356	+	information may be disclosed; (4) a licensed dispensary for the purpose 287
	357	+	of complying with sections 21a-408 to 21a-408m, inclusive; as amended 288
	358	+	by this act; (5) a qualifying patient, but only with respect to information 289
	359	+	related to such qualifying patient or such qualifying patient's caregiver; 290
	360	+	or (6) a caregiver, but only with respect to information related to such 291
	361	+	caregiver's qualifying patient. 292
	362	+	Sec. 5. Section 21a-408m of the 2022 supplement to the general 293
	363	+	statutes is repealed and the following is substituted in lieu thereof 294
	364	+	(Effective January 1, 2023): 295
	365	+	(a) The Commissioner of Consumer Protection may adopt 296
	366	+	regulations, in accordance with chapter 54, to establish (1) a standard 297
	367	+	form for written certifications for the palliative use of marijuana issued 298 Raised Bill No. 5147
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375		-	(a) The Commissioner of Consumer Protection may adopt 297
376		-	regulations, in accordance with chapter 54, to establish (1) a standard 298
377		-	form for written certifications for the palliative use of marijuana issued 299
378		-	by physicians, physician assistants and advanced practice registered 300
379		-	nurses under subdivision (1) of subsection (a) of section 21a-408a, as 301
380		-	amended by this act, and (2) procedures for registrations under section 302
381		-	21a-408d, as amended by this act. Such regulations, if any, shall be 303
382		-	adopted after consultation with the Board of Physicians established in 304
383		-	section 21a-408l. 305
384		-	(b) The Commissioner of Consumer Protection shall adopt 306
385		-	regulations, in accordance with chapter 54, to establish a reasonable fee 307
386		-	to be collected from each qualifying patient to whom a written 308
387		-	certification for the palliative use of marijuana is issued under 309
388		-	subdivision (1) of subsection (a) of section 21a-408a, as amended by this 310
389		-	act, for the purpose of offsetting the direct and indirect costs of 311
390		-	administering the provisions of sections 21a-408 to 21a-408m, inclusive, 312
391		-	as amended by this act. The commissioner shall collect such fee at the 313
392		-	time the qualifying patient registers with the Department of Consumer 314
393		-	Protection under subsection (a) of section 21a-408d, as amended by this 315
394		-	act. Such fee shall be in addition to any registration fee that may be 316
395		-	charged under said subsection. The fees required to be collected by the 317
396		-	commissioner from qualifying patients under this subsection shall be 318
397		-	paid to the State Treasurer and credited to the General Fund. 319
398		-	(c) The Commissioner of Consumer Protection shall adopt or amend 320
399		-	regulations, as applicable, in accordance with chapter 54, to implement 321
400		-	the provisions of sections 21a-408 to 21a-408g, inclusive, as amended by 322
401		-	this act, and section 21a-408l. Notwithstanding the requirements of 323
402		-	sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of 324
403		-	sections 21a-408 to 21a-408g, inclusive, as amended by this act, and 325
404		-	section 21a-408l, and protect public health and safety, prior to adopting 326
405		-	or amending such regulations the commissioner shall adopt policies and 327
406		-	procedures to implement the provisions of sections 21a-408 to 21a-408g, 328
407		-	inclusive, as amended by this act, and section 21a-408, as amended by 329 Substitute Bill No. 5147
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	373	+	by physicians, physician assistants and advanced practice registered 299
	374	+	nurses under subdivision (1) of subsection (a) of section 21a-408a, as 300
	375	+	amended by this act, and (2) procedures for registrations under section 301
	376	+	21a-408d, as amended by this act. Such regulations, if any, shall be 302
	377	+	adopted after consultation with the Board of Physicians established in 303
	378	+	section 21a-408l. 304
	379	+	(b) The Commissioner of Consumer Protection shall adopt 305
	380	+	regulations, in accordance with chapter 54, to establish a reasonable fee 306
	381	+	to be collected from each qualifying patient to whom a written 307
	382	+	certification for the palliative use of marijuana is issued under 308
	383	+	subdivision (1) of subsection (a) of section 21a-408a, as amended by this 309
	384	+	act, for the purpose of offsetting the direct and indirect costs of 310
	385	+	administering the provisions of sections 21a-408 to 21a-408m, inclusive, 311
	386	+	as amended by this act. The commissioner shall collect such fee at the 312
	387	+	time the qualifying patient registers with the Department of Consumer 313
	388	+	Protection under subsection (a) of section 21a-408d, as amended by this 314
	389	+	act. Such fee shall be in addition to any registration fee that may be 315
	390	+	charged under said subsection. The fees required to be collected by the 316
	391	+	commissioner from qualifying patients under this subsection shall be 317
	392	+	paid to the State Treasurer and credited to the General Fund. 318
	393	+	(c) The Commissioner of Consumer Protection shall adopt or amend 319
	394	+	regulations, as applicable, in accordance with chapter 54, to implement 320
	395	+	the provisions of sections 21a-408 to 21a-408g, inclusive, as amended by 321
	396	+	this act, and section 21a-408l. Notwithstanding the requirements of 322
	397	+	sections 4-168 to 4-172, inclusive, in order to effectuate the purposes of 323
	398	+	sections 21a-408 to 21a-408g, inclusive, as amended by this act, and 324
	399	+	section 21a-408l, and protect public health and safety, prior to adopting 325
	400	+	or amending such regulations the commissioner shall adopt policies and 326
	401	+	procedures to implement the provisions of sections 21a-408 to 21a-408g, 327
	402	+	inclusive, as amended by this act, and section 21a-408, as amended by 328
	403	+	this act, that shall have the force and effect of law. The commissioner 329
	404	+	shall post all policies and procedures on the department's Internet web 330
	405	+	site, and submit such policies and procedures to the Secretary of the 331
	406	+	State for posting on the eRegulations System, at least fifteen days prior 332 Raised Bill No. 5147
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414		-	this act, that shall have the force and effect of law. The commissioner 330
415		-	shall post all policies and procedures on the department's Internet web 331
416		-	site, and submit such policies and procedures to the Secretary of the 332
417		-	State for posting on the eRegulations System, at least fifteen days prior 333
418		-	to the effective date of any policy or procedure. Any such policy or 334
419		-	procedure shall no longer be effective upon the earlier of either adoption 335
420		-	of such policies or procedures as a final regulation pursuant to section 336
421		-	4-172 or forty-eight months from October 1, 2021, if such policies or 337
422		-	procedures have not been submitted to the legislative regulation review 338
423		-	committee for consideration under section 4-170. Such policies and 339
424		-	procedures and regulations shall include, but not be limited to, how the 340
425		-	department shall: 341
426		-	(1) Accept applications for the issuance and renewal of registration 342
427		-	certificates for qualifying patients and caregivers; 343
428		-	(2) Establish criteria for adding medical conditions, medical 344
429		-	treatments or diseases to the list of debilitating medical conditions that 345
430		-	qualify for the palliative use of marijuana; 346
431		-	(3) Establish a petition process under which members of the public 347
432		-	may submit petitions, regarding the addition of medical conditions, 348
433		-	medical treatments or diseases to the list of debilitating medical 349
434		-	conditions; 350
435		-	(4) Establish requirements for the growing of cannabis plants by a 351
436		-	qualifying patient in his or her primary residence as authorized under 352
437		-	section 21a-408d, as amended by this act, including requirements for 353
438		-	securing such plants to prevent access by any individual other than the 354
439		-	patient or the patient's caregiver, the location of such plants and any 355
440		-	other requirements necessary to protect public health or safety; 356
441		-	(5) Develop a distribution system for marijuana for palliative use that 357
442		-	provides for: 358
443		-	(A) Marijuana production facilities within this state that are housed 359
444		-	on secured grounds and operated by producers; 360 Substitute Bill No. 5147
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	412	+	to the effective date of any policy or procedure. Any such policy or 333
	413	+	procedure shall no longer be effective upon the earlier of either adoption 334
	414	+	of such policies or procedures as a final regulation pursuant to section 335
	415	+	4-172 or forty-eight months from October 1, 2021, if such policies or 336
	416	+	procedures have not been submitted to the legislative regulation review 337
	417	+	committee for consideration under section 4-170. Such policies and 338
	418	+	procedures and regulations shall include, but not be limited to, how the 339
	419	+	department shall: 340
	420	+	(1) Accept applications for the issuance and renewal of registration 341
	421	+	certificates for qualifying patients and caregivers; 342
	422	+	(2) Establish criteria for adding medical conditions, medical 343
	423	+	treatments or diseases to the list of debilitating medical conditions that 344
	424	+	qualify for the palliative use of marijuana; 345
	425	+	(3) Establish a petition process under which members of the public 346
	426	+	may submit petitions, regarding the addition of medical conditions, 347
	427	+	medical treatments or diseases to the list of debilitating medical 348
	428	+	conditions; 349
	429	+	(4) Establish requirements for the growing of cannabis plants by a 350
	430	+	qualifying patient in his or her primary residence as authorized under 351
	431	+	section 21a-408d, as amended by this act, including requirements for 352
	432	+	securing such plants to prevent access by any individual other than the 353
	433	+	patient or the patient's caregiver, the location of such plants and any 354
	434	+	other requirements necessary to protect public health or safety; 355
	435	+	(5) Develop a distribution system for marijuana for palliative use that 356
	436	+	provides for: 357
	437	+	(A) Marijuana production facilities within this state that are housed 358
	438	+	on secured grounds and operated by producers; 359
	439	+	(B) The transfer of marijuana between dispensary facilities; and 360
	440	+	(C) Distribution of marijuana for palliative use to qualifying patients 361
	441	+	or their caregivers by dispensary facilities, hybrid retailers and delivery 362 Raised Bill No. 5147
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451		-	(B) The transfer of marijuana between dispensary facilities; and 361
452		-	(C) Distribution of marijuana for palliative use to qualifying patients 362
453		-	or their caregivers by dispensary facilities, hybrid retailers and delivery 363
454		-	services, as such terms are defined in section 21a-420; and 364
455		-	(6) Ensure an adequate supply and variety of marijuana to dispensary 365
456		-	facilities and hybrid retailers to ensure uninterrupted availability for 366
457		-	qualifying patients, based on historical marijuana purchase patterns by 367
458		-	qualifying patients. 368
459		-	Sec. 6. Subsection (a) of section 21a-246 of the general statutes is 369
460		-	repealed and the following is substituted in lieu thereof (Effective January 370
461		-	1, 2023): 371
462		-	(a) No person within this state shall manufacture, wholesale, 372
463		-	repackage, supply, compound, mix, cultivate or grow, or by other 373
464		-	process produce or prepare, controlled substances without first 374
465		-	obtaining a license to do so from the Commissioner of Consumer 375
466		-	Protection and no person within this state shall operate a laboratory for 376
467		-	the purpose of research or analysis using controlled substances without 377
468		-	first obtaining a license to do so from the Commissioner of Consumer 378
469		-	Protection, except that such activities by pharmacists or pharmacies in 379
470		-	the filling and dispensing of prescriptions or activities incident thereto, 380
471		-	or the dispensing or administering of controlled substances by dentists, 381
472		-	podiatrists, physicians, physician assistants, advanced practice 382
473		-	registered nurses or veterinarians, or other persons acting under their 383
474		-	supervision, in the treatment of patients shall not be subject to the 384
475		-	provisions of this section, and provided laboratories for instruction in 385
476		-	dentistry, medicine, nursing, pharmacy, pharmacology and 386
477		-	pharmacognosy in institutions duly licensed for such purposes in this 387
478		-	state shall not be subject to the provisions of this section except with 388
479		-	respect to narcotic drugs and schedule I and II controlled substances. 389
480		-	Upon application of any physician or physician assistant licensed 390
481		-	pursuant to chapter 370, or an advanced practice registered nurse 391
482		-	licensed pursuant to chapter 378, the Commissioner of Consumer 392 Substitute Bill No. 5147
	445	+	LCO No. 1205 13 of 14
	446	+
	447	+	services, as such terms are defined in section 21a-420; and 363
	448	+	(6) Ensure an adequate supply and variety of marijuana to dispensary 364
	449	+	facilities and hybrid retailers to ensure uninterrupted availability for 365
	450	+	qualifying patients, based on historical marijuana purchase patterns by 366
	451	+	qualifying patients. 367
	452	+	Sec. 6. Section 7 of public act 21-9 is repealed and the following is 368
	453	+	substituted in lieu thereof (Effective from passage): 369
	454	+	(a) As used in this section: 370
	455	+	(1) "Advanced practice registered nurse" means an advanced practice 371
	456	+	registered nurse licensed pursuant to chapter 378 of the general statutes; 372
	457	+	(2) "Physician" has the same meaning as provided in section 21a-408 373
	458	+	of the general statutes, as amended by this act; 374
	459	+	(3) "Physician assistant" has the same meaning as provided in section 375
	460	+	21a-408 of the general statutes, as amended by this act; 376
	461	+	[(3)] (4) "Qualifying patient" has the same meaning as provided in 377
	462	+	section 21a-408 of the general statutes, as amended by this act; and 378
	463	+	[(4)] (5) "Written certification" has the same meaning as provided in 379
	464	+	section 21a-408 of the general statutes, as amended by this act. 380
	465	+	(b) Notwithstanding the provisions of sections 21a-408 to 21a-408n, 381
	466	+	inclusive, of the general statutes, as amended by this act, or any other 382
	467	+	section, regulation, rule, policy or procedure concerning the certification 383
	468	+	of medical marijuana patients, a physician, physician assistant or 384
	469	+	advanced practice registered nurse may issue a written certification to a 385
	470	+	qualifying patient and provide any follow-up care using telehealth 386
	471	+	services during the period beginning on the effective date of this section 387
	472	+	and ending on June 30, 2023, provided all other requirements for issuing 388
	473	+	the written certification to the qualifying patient and all recordkeeping 389
	474	+	requirements are satisfied. 390 Raised Bill No. 5147
483	475
484	476
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488	477
489		-	Protection shall without unnecessary delay, (1) license such physician to 393
490		-	possess and supply marijuana for the treatment of glaucoma or the side 394
491		-	effects of chemotherapy, or (2) license such physician assistant or 395
492		-	advanced practice registered nurse to possess and supply marijuana for 396
493		-	the treatment of the side effects of chemotherapy. No person outside this 397
494		-	state shall sell or supply controlled substances within this state without 398
495		-	first obtaining a license to do so from the Commissioner of Consumer 399
496		-	Protection, provided no such license shall be required of a manufacturer 400
497		-	whose principal place of business is located outside this state and who 401
498		-	is registered with the federal Drug Enforcement Administration or other 402
499		-	federal agency, and who files a copy of such registration with the 403
500		-	appropriate licensing authority under this chapter. 404
501		-	Sec. 7. Section 21a-253 of the general statutes is repealed and the 405
502		-	following is substituted in lieu thereof (Effective January 1, 2023): 406
503		-	Any person may possess or have under his control a quantity of 407
504		-	marijuana less than or equal to that quantity supplied to him pursuant 408
505		-	to a prescription made in accordance with the provisions of section 21a-409
506		-	249 by (1) a physician licensed under the provisions of chapter 370 and 410
507		-	further authorized by subsection (a) of section 21a-246, as amended by 411
508		-	this act, by the Commissioner of Consumer Protection to possess and 412
509		-	supply marijuana for the treatment of glaucoma or the side effects of 413
510		-	chemotherapy, or (2) a physician assistant licensed under the provisions 414
511		-	of chapter 370, or an advanced practice registered nurse licensed under 415
512		-	the provisions of chapter 378, and further authorized by subsection (a) 416
513		-	of section 21a-246, as amended by this act, by said commissioner to 417
514		-	possess and supply marijuana for the treatment of the side effects of 418
515		-	chemotherapy. 419
516		-	Sec. 8. Section 7 of public act 21-9 is repealed and the following is 420
517		-	substituted in lieu thereof (Effective January 1, 2023): 421
518		-	(a) As used in this section: 422
519		-	(1) "Advanced practice registered nurse" means an advanced practice 423 Substitute Bill No. 5147
	478	+	LCO No. 1205 14 of 14
520	479
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525		-
526		-	registered nurse licensed pursuant to chapter 378 of the general statutes; 424
527		-	(2) "Physician" has the same meaning as provided in section 21a-408 425
528		-	of the general statutes, as amended by this act; 426
529		-	(3) "Physician assistant" has the same meaning as provided in section 427
530		-	21a-408 of the general statutes, as amended by this act; 428
531		-	[(3)] (4) "Qualifying patient" has the same meaning as provided in 429
532		-	section 21a-408 of the general statutes, as amended by this act; and 430
533		-	[(4)] (5) "Written certification" has the same meaning as provided in 431
534		-	section 21a-408 of the general statutes, as amended by this act. 432
535		-	(b) Notwithstanding the provisions of sections 21a-408 to 21a-408n, 433
536		-	inclusive, of the general statutes, as amended by this act, or any other 434
537		-	section, regulation, rule, policy or procedure concerning the certification 435
538		-	of medical marijuana patients, a physician, physician assistant or 436
539		-	advanced practice registered nurse may issue a written certification to a 437
540		-	qualifying patient and provide any follow-up care using telehealth 438
541		-	services during the period beginning on the effective date of this section 439
542		-	and ending on June 30, 2023, provided all other requirements for issuing 440
543		-	the written certification to the qualifying patient and all recordkeeping 441
544		-	requirements are satisfied. 442
545	480		This act shall take effect as follows and shall amend the following
546	481		sections:
547	482
548	483		Section 1 January 1, 2023 21a-408
549	484		Sec. 2 January 1, 2023 21a-408a
550	485		Sec. 3 January 1, 2023 21a-408c
551	486		Sec. 4 January 1, 2023 21a-408d
552	487		Sec. 5 January 1, 2023 21a-408m
553		-	Sec. 6 January 1, 2023 21a-246(a)
554		-	Sec. 7 January 1, 2023 21a-253
555		-	Sec. 8 January 1, 2023 PA 21-9, Sec. 7 Substitute Bill No. 5147
	488	+	Sec. 6 from passage PA 21-9, Sec. 7
556	489
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561		-
562		-
563		-	Statement of Legislative Commissioners:
564		-	In Section 6(a)(2), "advanced practice registered nurse or physician
565		-	assistant" was changed to "physician assistant or advanced practice
566		-	registered nurse" for consistency; and in section 7(2), "an advanced
567		-	practice registered nurse licensed under the provisions of chapter 378 or
568		-	a physician assistant licensed under the provisions of chapter 370" was
569		-	changed to "a physician assistant licensed under the provisions of
570		-	chapter 370, or an advanced practice registered nurse licensed under the
571		-	provisions of chapter 378," for consistency.
572		-
573		-	GL Joint Favorable Subst.
	490	+	Statement of Purpose:
	491	+	To authorize physician assistants to perform duties that are similar to
	492	+	the duties that physicians and advanced practice registered nurses are
	493	+	authorized to perform with respect to the palliative use of marijuana.
	494	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	495	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	496	+	underlined.]
574	497