Florida 2022 Regular Session

Florida House Bill H0333 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	HB 333 2022
4	4
5	5
6	6
7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb0333-00
9	9	Page 1 of 5
10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
11	11
12	12
13	13
14	14	A bill to be entitled 1
15	15	An act relating to physician certifications for the 2
16	16	medical use of marijuana; amending s. 381.986, F.S.; 3
17	17	authorizing qualified physicians to perform patient 4
18	18	examinations and evaluations through telehealth for 5
19	19	renewals of physician certifications for the medical 6
20	20	use of marijuana; providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Paragraphs (a) and (g) of subsection (4) of 11
25	25	section 381.986, Florida Statutes, are amended to read: 12
26	26	381.986 Medical use of marijuana. — 13
27	27	(4) PHYSICIAN CERTIFICATION. — 14
28	28	(a) A qualified physician may issue a physician 15
29	29	certification only if the qualified physician: 16
30	30	1. Conducted an a physical examination of while physically 17
31	31	present in the same room as the patient and a full assessment of 18
32	32	the medical history of the patient. For an initial 19
33	33	certification, the examination must be a physical examination 20
34	34	conducted while physically prese nt in the same room as the 21
35	35	patient. For a certification renewal, the examination may be 22
36	36	conducted through telehealth as defined in s. 456.47. 23
37	37	2. Diagnosed the patient with at least one qualifying 24
38	38	medical condition. 25
39	39
40	40	HB 333 2022
41	41
42	42
43	43
44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb0333-00
46	46	Page 2 of 5
47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
48	48
49	49
50	50
51	51	3. Determined that the medical use of marijuana would 26
52	52	likely outweigh the potential health risks for the patient, and 27
53	53	such determination must be documented in the patient's medical 28
54	54	record. If a patient is younger than 18 years of age, a second 29
55	55	physician must concur with this determination, an d such 30
56	56	concurrence must be documented in the patient's medical record. 31
57	57	4. Determined whether the patient is pregnant and 32
58	58	documented such determination in the patient's medical record. A 33
59	59	physician may not issue a physician certification, except for 34
60	60	low-THC cannabis, to a patient who is pregnant. 35
61	61	5. Reviewed the patient's controlled drug prescription 36
62	62	history in the prescription drug monitoring program database 37
63	63	established pursuant to s. 893.055. 38
64	64	6. Reviews the medical marijuana use registry and 39
65	65	confirmed that the patient does not have an active physician 40
66	66	certification from another qualified physician. 41
67	67	7. Registers as the issuer of the physician certification 42
68	68	for the named qualified patient on the medical marijuana use 43
69	69	registry in an electronic manner d etermined by the department, 44
70	70	and: 45
71	71	a. Enters into the registry the contents of the physician 46
72	72	certification, including the patient's qualifying condition and 47
73	73	the dosage not to exceed the daily dose amount determined by the 48
74	74	department, the amount and forms of marijuana authorized for the 49
75	75	patient, and any types of marijuana delivery devices needed by 50
76	76
77	77	HB 333 2022
78	78
79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb0333-00
83	83	Page 3 of 5
84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
85	85
86	86
87	87
88	88	the patient for the medical use of marijuana. 51
89	89	b. Updates the registry within 7 days after any change is 52
90	90	made to the original physician certification to reflect such 53
91	91	change. 54
92	92	c. Deactivates the registration of the qualified patient 55
93	93	and the patient's caregiver when the physician no longer 56
94	94	recommends the medical use of marijuana for the patient. 57
95	95	8. Obtains the voluntary and informed written consent of 58
96	96	the patient for medical use of marijuana each time the qualified 59
97	97	physician issues a physician certification for the patient, 60
98	98	which shall be maintained in the patient's medical record. The 61
99	99	patient, or the patient's parent or legal guardian if the 62
100	100	patient is a minor, must sign the informed consent acknowledging 63
101	101	that the qualified physician has sufficiently explained its 64
102	102	content. The qualified physician must use a standardized 65
103	103	informed consent form adopted in rule by the Board of Medicine 66
104	104	and the Board of Osteopat hic Medicine, which must include, at a 67
105	105	minimum, information related to: 68
106	106	a. The Federal Government's classification of marijuana as 69
107	107	a Schedule I controlled substance. 70
108	108	b. The approval and oversight status of marijuana by the 71
109	109	Food and Drug Administration. 72
110	110	c. The current state of research on the efficacy of 73
111	111	marijuana to treat the qualifying conditions set forth in this 74
112	112	section. 75
113	113
114	114	HB 333 2022
115	115
116	116
117	117
118	118	CODING: Words stricken are deletions; words underlined are additions.
119	119	hb0333-00
120	120	Page 4 of 5
121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
122	122
123	123
124	124
125	125	d. The potential for addiction. 76
126	126	e. The potential effect that marijuana may have on a 77
127	127	patient's coordination, motor skills, an d cognition, including a 78
128	128	warning against operating heavy machinery, operating a motor 79
129	129	vehicle, or engaging in activities that require a person to be 80
130	130	alert or respond quickly. 81
131	131	f. The potential side effects of marijuana use, including 82
132	132	the negative health r isks associated with smoking marijuana. 83
133	133	g. The risks, benefits, and drug interactions of 84
134	134	marijuana. 85
135	135	h. That the patient's de -identified health information 86
136	136	contained in the physician certification and medical marijuana 87
137	137	use registry may be used for resea rch purposes. 88
138	138	(g) A qualified physician must evaluate an existing 89
139	139	qualified patient at least once every 30 weeks before issuing a 90
140	140	new physician certification. The evaluation may be conducted 91
141	141	through telehealth as defined in s. 456.47. A physician must: 92
142	142	1. Determine if the patient still meets the requirements 93
143	143	to be issued a physician certification under paragraph (a). 94
144	144	2. Identify and document in the qualified patient's 95
145	145	medical records whether the qualified patient experienced either 96
146	146	of the following related to the medical use of marijuana: 97
147	147	a. An adverse drug interaction with any prescription or 98
148	148	nonprescription medication; or 99
149	149	b. A reduction in the use of, or dependence on, other 100
150	150
151	151	HB 333 2022
152	152
153	153
154	154
155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb0333-00
157	157	Page 5 of 5
158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
159	159
160	160
161	161
162	162	types of controlled substances as defined in s. 893.02. 101
163	163	3. Submit a report with the findings required pursuant to 102
164	164	subparagraph 2. to the department. The department shall submit 103
165	165	such reports to the Consortium for Medical Marijuana Clinical 104
166	166	Outcomes Research established pursuant to s. 1004.4351. 105
167	167	Section 2. This act shall t ake effect July 1, 2022. 106