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