Florida 2022 Regular Session

Florida House Bill H1585 Compare Versions

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

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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
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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	deleting a requirement that qualified physicians be 4
18	18	physically present in the same room as their patients 5
19	19	when conducting an examination for physician 6
20	20	certification for the medical use of marijuana; 7
21	21	authorizing qualified physicians to conduct such 8
22	22	examinations through telehealth; providing an 9
23	23	effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
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27	27	Section 1. Paragraph (a) of subsection (4) of section 14
28	28	381.986, Florida Statutes, is amended to read: 15
29	29	381.986 Medical use of marijuana. — 16
30	30	(4) PHYSICIAN CERTIFICATION. — 17
31	31	(a) A qualified physician may issue a physician 18
32	32	certification only if the qualified physician: 19
33	33	1. Conducted an a physical examination of while physically 20
34	34	present in the same room as the patient and a full assessment of 21
35	35	the medical history of the patient. The examination of the 22
36	36	patient may be conducted through telehealth as defined in s. 23
37	37	456.47. 24
38	38	2. Diagnosed the patient with at least one qualifying 25
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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
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51	51	medical condition. 26
52	52	3. Determined that the medical use of marijuana would 27
53	53	likely outweigh the potential health risks for the patient, and 28
54	54	such determination must be documented in the patient's medical 29
55	55	record. If a patient is younger than 18 years of age, a second 30
56	56	physician must concur with this determination, and such 31
57	57	concurrence must be documented in the patient's medical record. 32
58	58	4. Determined whether the patient is pregnant and 33
59	59	documented such determination in the patient's medical record. A 34
60	60	physician may not issue a physician certification, except for 35
61	61	low-THC cannabis, to a patient who is pregnant. 36
62	62	5. Reviewed the pat ient's controlled drug prescription 37
63	63	history in the prescription drug monitoring program database 38
64	64	established pursuant to s. 893.055. 39
65	65	6. Reviews the medical marijuana use registry and 40
66	66	confirmed that the patient does not have an active physician 41
67	67	certification from another qualified physician. 42
68	68	7. Registers as the issuer of the physician certification 43
69	69	for the named qualified patient on the medical marijuana use 44
70	70	registry in an electronic manner determined by the department, 45
71	71	and: 46
72	72	a. Enters into the registry the contents of the physician 47
73	73	certification, including the patient's qualifying condition and 48
74	74	the dosage not to exceed the daily dose amount determined by the 49
75	75	department, the amount and forms of marijuana authorized for the 50
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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
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88	88	patient, and any types of marij uana delivery devices needed by 51
89	89	the patient for the medical use of marijuana. 52
90	90	b. Updates the registry within 7 days after any change is 53
91	91	made to the original physician certification to reflect such 54
92	92	change. 55
93	93	c. Deactivates the registration of the qualified patient 56
94	94	and the patient's caregiver when the physician no longer 57
95	95	recommends the medical use of marijuana for the patient. 58
96	96	8. Obtains the voluntary and informed written consent of 59
97	97	the patient for medical u se of marijuana each time the qualified 60
98	98	physician issues a physician certification for the patient, 61
99	99	which shall be maintained in the patient's medical record. The 62
100	100	patient, or the patient's parent or legal guardian if the 63
101	101	patient is a minor, must sign the i nformed consent acknowledging 64
102	102	that the qualified physician has sufficiently explained its 65
103	103	content. The qualified physician must use a standardized 66
104	104	informed consent form adopted in rule by the Board of Medicine 67
105	105	and the Board of Osteopathic Medicine, which m ust include, at a 68
106	106	minimum, information related to: 69
107	107	a. The Federal Government's classification of marijuana as 70
108	108	a Schedule I controlled substance. 71
109	109	b. The approval and oversight status of marijuana by the 72
110	110	Food and Drug Administration. 73
111	111	c. The current state of research on the efficacy of 74
112	112	marijuana to treat the qualifying conditions set forth in this 75
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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
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125	125	section. 76
126	126	d. The potential for addiction. 77
127	127	e. The potential effect that marijuana may have on a 78
128	128	patient's coordination, motor skills, and cognition, includin g a 79
129	129	warning against operating heavy machinery, operating a motor 80
130	130	vehicle, or engaging in activities that require a person to be 81
131	131	alert or respond quickly. 82
132	132	f. The potential side effects of marijuana use, including 83
133	133	the negative health risks associated with smoking marijuana. 84
134	134	g. The risks, benefits, and drug interactions of 85
135	135	marijuana. 86
136	136	h. That the patient's de -identified health information 87
137	137	contained in the physician certification and medical marijuana 88
138	138	use registry may be used for research purposes. 89
139	139	Section 2. This act shall take effect July 1, 2022. 90