HB 1585 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
deleting a requirement that qualified physicians be 4
physically present in the same room as their patients 5
when conducting an examination for physician 6
certification for the medical use of marijuana; 7
authorizing qualified physicians to conduct such 8
examinations through telehealth; providing an 9
effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
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Section 1. Paragraph (a) of subsection (4) of section 14
381.986, Florida Statutes, is amended to read: 15
381.986 Medical use of marijuana. — 16
(4) PHYSICIAN CERTIFICATION. — 17
(a) A qualified physician may issue a physician 18
certification only if the qualified physician: 19
1. Conducted an a physical examination of while physically 20
present in the same room as the patient and a full assessment of 21
the medical history of the patient. The examination of the 22
patient may be conducted through telehealth as defined in s. 23
456.47. 24
2. Diagnosed the patient with at least one qualifying 25
HB 1585 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
medical condition. 26
3. Determined that the medical use of marijuana would 27
likely outweigh the potential health risks for the patient, and 28
such determination must be documented in the patient's medical 29
record. If a patient is younger than 18 years of age, a second 30
physician must concur with this determination, and such 31
concurrence must be documented in the patient's medical record. 32
4. Determined whether the patient is pregnant and 33
documented such determination in the patient's medical record. A 34
physician may not issue a physician certification, except for 35
low-THC cannabis, to a patient who is pregnant. 36
5. Reviewed the pat ient's controlled drug prescription 37
history in the prescription drug monitoring program database 38
established pursuant to s. 893.055. 39
6. Reviews the medical marijuana use registry and 40
confirmed that the patient does not have an active physician 41
certification from another qualified physician. 42
7. Registers as the issuer of the physician certification 43
for the named qualified patient on the medical marijuana use 44
registry in an electronic manner determined by the department, 45
and: 46
a. Enters into the registry the contents of the physician 47
certification, including the patient's qualifying condition and 48
the dosage not to exceed the daily dose amount determined by the 49
department, the amount and forms of marijuana authorized for the 50
HB 1585 2022
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patient, and any types of marij uana delivery devices needed by 51
the patient for the medical use of marijuana. 52
b. Updates the registry within 7 days after any change is 53
made to the original physician certification to reflect such 54
change. 55
c. Deactivates the registration of the qualified patient 56
and the patient's caregiver when the physician no longer 57
recommends the medical use of marijuana for the patient. 58
8. Obtains the voluntary and informed written consent of 59
the patient for medical u se of marijuana each time the qualified 60
physician issues a physician certification for the patient, 61
which shall be maintained in the patient's medical record. The 62
patient, or the patient's parent or legal guardian if the 63
patient is a minor, must sign the i nformed consent acknowledging 64
that the qualified physician has sufficiently explained its 65
content. The qualified physician must use a standardized 66
informed consent form adopted in rule by the Board of Medicine 67
and the Board of Osteopathic Medicine, which m ust include, at a 68
minimum, information related to: 69
a. The Federal Government's classification of marijuana as 70
a Schedule I controlled substance. 71
b. The approval and oversight status of marijuana by the 72
Food and Drug Administration. 73
c. The current state of research on the efficacy of 74
marijuana to treat the qualifying conditions set forth in this 75
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section. 76
d. The potential for addiction. 77
e. The potential effect that marijuana may have on a 78
patient's coordination, motor skills, and cognition, includin g a 79
warning against operating heavy machinery, operating a motor 80
vehicle, or engaging in activities that require a person to be 81
alert or respond quickly. 82
f. The potential side effects of marijuana use, including 83
the negative health risks associated with smoking marijuana. 84
g. The risks, benefits, and drug interactions of 85
marijuana. 86
h. That the patient's de -identified health information 87
contained in the physician certification and medical marijuana 88
use registry may be used for research purposes. 89
Section 2. This act shall take effect July 1, 2022. 90