FL
Florida House Bill H0387

Florida 2023 Regular Session

Florida House Bill H0387 Compare Versions

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1010 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+A bill to be entitled 1
1515 An act relating to the medical use of marijuana; 2
1616 amending s. 381.986, F.S.; requiring qualified 3
1717 physicians to perform in -person physical patient 4
1818 examinations before issuing initial physician 5
1919 certifications for the medical use of marijuana; 6
2020 authorizing such qualified physicians to perform 7
2121 patient examinations and evaluations through 8
2222 telehealth for renewals of physician certifications 9
2323 for the medical use of marijuana under certain 10
2424 circumstances; defining the term "in -person physical 11
2525 examination"; authorizing the Department of Health to 12
2626 suspend the registration of a qualified physician in 13
2727 the medical marijuana use registry for a specified 14
2828 timeframe under certain circumstances; requiring the 15
2929 department to issue medical marijuana treatment center 16
3030 licenses to certain applicants as soon as practicable; 17
3131 requiring the department to grant certain applicants a 18
3232 specified timeframe to cure cited deficiencies; 19
3333 requiring the department to issue a license to such 20
3434 applicants if the deficiencies are cured within the 21
3535 specified timeframe; requiring the department to issue 22
3636 such licenses to the estate of certain applicants 23
3737 under certain circumstances; requiring a specified 24
3838 number of available licenses to be reduced by the 25
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4747 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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5151 award of such licenses; providing effective dates. 26
5252 27
5353 Be It Enacted by the Legislature of the State of Florida: 28
5454 29
5555 Section 1. Paragraphs (a), (g), and (i) of subsection (4) 30
5656 of section 381.986, Florida Statutes, are amended to read: 31
5757 381.986 Medical use of marijuana. — 32
5858 (4) PHYSICIAN CERTIFICATION. — 33
5959 (a) A qualified physician may issue a physician 34
6060 certification only if the qualified physician: 35
6161 1. Conducted an a physical examination of while physically 36
6262 present in the same room as the patient and a full assessment of 37
6363 the medical history of the patient. Before issuing an initial 38
6464 certification to a patient, the qualified physician must conduct 39
6565 an in-person physical examination of the patient. For 40
6666 certification renewals, a qualified physician who has issued a 41
6767 certification to a patient after conducting an in -person 42
6868 physical examination may conduct subsequent examinations of that 43
6969 patient through telehealth as defined in s. 456.47. For the 44
7070 purposes of this subparagraph, the term "in -person physical 45
7171 examination″ means an examination conducted by a qualified 46
7272 physician while the physician is physically present in the same 47
7373 room as the patient. 48
7474 2. Diagnosed the patient with at least one qualifying 49
7575 medical condition. 50
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8484 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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8888 3. Determined that the medical use of marijuana would 51
8989 likely outweigh the potential health risks for the patient, and 52
9090 such determination must be documented in the patient's medical 53
9191 record. If a patient is younger than 18 years of age, a second 54
9292 physician must concur with this determination, and such 55
9393 concurrence must be documented in the patient's medical record. 56
9494 4. Determined whether the patient is pregnant and 57
9595 documented such determination in the patient's medical record. A 58
9696 physician may not issue a physician certification, except for 59
9797 low-THC cannabis, to a patient who is pregnant. 60
9898 5. Reviewed the patient's controlled drug prescription 61
9999 history in the prescription drug monitoring program database 62
100100 established pursuant to s. 893.055. 63
101101 6. Reviews the medical marijuana use registry and 64
102102 confirmed that the patient does not have an active physician 65
103103 certification from another qualified physician. 66
104104 7. Registers as the issuer of the physician certification 67
105105 for the named qualified patient on the medical marij uana use 68
106106 registry in an electronic manner determined by the department, 69
107107 and: 70
108108 a. Enters into the registry the contents of the physician 71
109109 certification, including the patient's qualifying condition and 72
110110 the dosage not to exceed the daily dose amount determin ed by the 73
111111 department, the amount and forms of marijuana authorized for the 74
112112 patient, and any types of marijuana delivery devices needed by 75
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121121 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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125125 the patient for the medical use of marijuana. 76
126126 b. Updates the registry within 7 days after any change is 77
127127 made to the original physician certification to reflect such 78
128128 change. 79
129129 c. Deactivates the registration of the qualified patient 80
130130 and the patient's caregiver when the physician no longer 81
131131 recommends the medical use of marijuana for the patient. 82
132132 8. Obtains the voluntary and informed written consent of 83
133133 the patient for medical use of marijuana each time the qualified 84
134134 physician issues a physician certification for the patient, 85
135135 which shall be maintained in the patient's medical record. The 86
136136 patient, or the patient's parent or legal guardian if the 87
137137 patient is a minor, must sign the informed consent acknowledging 88
138138 that the qualified physician has sufficiently explained its 89
139139 content. The qualified physician must use a standardized 90
140140 informed consent form adop ted in rule by the Board of Medicine 91
141141 and the Board of Osteopathic Medicine, which must include, at a 92
142142 minimum, information related to: 93
143143 a. The Federal Government's classification of marijuana as 94
144144 a Schedule I controlled substance. 95
145145 b. The approval and over sight status of marijuana by the 96
146146 Food and Drug Administration. 97
147147 c. The current state of research on the efficacy of 98
148148 marijuana to treat the qualifying conditions set forth in this 99
149149 section. 100
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158158 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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162162 d. The potential for addiction. 101
163163 e. The potential effect that ma rijuana may have on a 102
164164 patient's coordination, motor skills, and cognition, including a 103
165165 warning against operating heavy machinery, operating a motor 104
166166 vehicle, or engaging in activities that require a person to be 105
167167 alert or respond quickly. 106
168168 f. The potential side effects of marijuana use, including 107
169169 the negative health risks associated with smoking marijuana. 108
170170 g. The risks, benefits, and drug interactions of 109
171171 marijuana. 110
172172 h. That the patient's deidentified health information 111
173173 contained in the physician certifica tion and medical marijuana 112
174174 use registry may be used for research purposes. 113
175175 (g) A qualified physician must evaluate an existing 114
176176 qualified patient at least once every 30 weeks before issuing a 115
177177 new physician certification. A qualified physician who has 116
178178 issued a certification to the patient after conducting an in -117
179179 person physical examination as defined in subparagraph (a)1. may 118
180180 conduct the evaluation through telehealth as defined in s. 119
181181 456.47. A physician must: 120
182182 1. Determine if the patient still meets the req uirements 121
183183 to be issued a physician certification under paragraph (a). 122
184184 2. Identify and document in the qualified patient's 123
185185 medical records whether the qualified patient experienced either 124
186186 of the following related to the medical use of marijuana: 125
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195195 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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199199 a. An adverse drug interaction with any prescription or 126
200200 nonprescription medication; or 127
201201 b. A reduction in the use of, or dependence on, other 128
202202 types of controlled substances as defined in s. 893.02. 129
203203 3. Submit a report with the findings required pursuant to 130
204204 subparagraph 2. to the department. The department shall submit 131
205205 such reports to the Consortium for Medical Marijuana Clinical 132
206206 Outcomes Research established pursuant to s. 1004.4351. 133
207207 (i) The department shall monitor physician registration in 134
208208 the medical marijuana use registry and the issuance of physician 135
209209 certifications for practices that could facilitate unlawful 136
210210 diversion or misuse of marijuana or a marijuana delivery device 137
211211 and shall take disciplinary action as appropriate. The 138
212212 department may suspend the reg istration of a qualified physician 139
213213 in the medical marijuana use registry for a period of up to 2 140
214214 years if the qualified physician: 141
215215 1. Fails to comply with this section; or 142
216216 2. Provides, advertises, or markets telehealth services 143
217217 before July 1, 2023. 144
218218 Section 2. (1) Notwithstanding any provision of s. 145
219219 381.986(8)(a)2.b., Florida Statutes, to the contrary, the 146
220220 Department of Health shall, as soon as practicable, license all 147
221221 applicants that applied for licensure during the application 148
222222 window created by th e department to accept applications for 149
223223 licensure pursuant to s. 381.986(8)(a)2.b., Florida Statutes, 150
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232232 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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236236 and received: 151
237237 (a) A notice from the department regarding the applicant′s 152
238238 application for licensure indicating the department′s intent to 153
239239 approve or deny the application which did not cite any 154
240240 deficiencies with the application, regardless of the applicant′s 155
241241 final score; or 156
242242 (b) A final determination from the department as a result 157
243243 of a challenge to the application process, initiated pursuant to 158
244244 s. 120.569, Florida Statutes, determining that the applicant met 159
245245 all requirements for licensure pursuant to s. 381.986(8)(a)2.b., 160
246246 Florida Statutes, and applicable rules, regardless of the 161
247247 applicant′s final score. 162
248248 (2) Upon this section becoming a law, the departmen t shall 163
249249 grant each applicant referenced in subsection (1) 90 days to 164
250250 cure, pursuant to the errors and omissions process established 165
251251 in department Form DH8035 -OMMU-10/2021 as incorporated by the 166
252252 department in Rule 64ER21 -16, F.A.C., any deficiencies cited i n 167
253253 a notice referenced in paragraph (1)(a). If such applicant cures 168
254254 the deficiencies within that 90 -day timeframe, the department 169
255255 shall issue a license to the applicant. 170
256256 (3) If an applicant who was alive at the time he or she 171
257257 received the notice referred to in paragraph (1)(a) dies during 172
258258 the challenge referred to in paragraph (1)(b), the death of the 173
259259 applicant may not be a reason to deny the challenge. In such a 174
260260 case and in the event of a successful challenge pursuant to 175
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269269 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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273273 paragraph (1)(b), the department m ust issue the license to the 176
274274 estate of the applicant. 177
275275 (4) The number of licenses made available for issuance 178
276276 under s. 381.986(8)(a)4., Florida Statutes, must be reduced by 179
277277 the number of licenses awarded under this section, except that 180
278278 the number of licenses awarded under this section may not be 181
279279 deducted from the number of licenses available for the 182
280280 application window held between April 24, 2023, and April 28, 183
281281 2023. 184
282282 (5) This section shall take effect upon becoming a law. 185
283283 Section 3. Except as otherwis e expressly provided in this 186
284284 act and except for this section, which shall take effect upon 187
285285 this act becoming a law, this act shall take effect July 1, 188
286286 2023. 189