| 47 | | - | SECTION 1. The purpose of this Act is to allow terminally ill patients to safely use medical cannabis within specified health care facilities. SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows: "§329- Compassionate access; health care facility; terminally ill patients; conditions of use. (a) A health care facility may allow a terminally ill patient to use medical cannabis in compliance with section 329-122; provided that: (1) The patient's intake of the medical cannabis shall not be through smoking or use of an electronic smoking device; (2) The medical cannabis, when not in use, shall be stored in a securely locked box or other container in a location that a reasonable person would believe to be secure; (3) The patient shall submit to the health care facility documentation establishing that the patient is legally authorized to use medical cannabis, including a copy of the patient's registration certificate issued pursuant to section 329-123(b) or written certification issued pursuant to section 329-126; (4) The patient's medical use of cannabis shall be included in the patient's medical records; and (5) The health care facility may adopt and disseminate to its patients: (A) A medical cannabis use policy that ensures the safe operations of the health care facility; the health and safety of its patients, guests, and employees; and compliance with other applicable laws; and (B) Written guidelines for the use of medical cannabis by patients on the health care facility's premises. (b) Notwithstanding any other law to the contrary and the classification of cannabis as a schedule I controlled substance, health care facilities permitting patient use of medical cannabis shall comply with drug and medication requirements applicable to schedule II, III, and IV controlled substances and shall be subject to enforcement actions by the department of health. (c) Nothing in this section requires a health care facility to recommend patients to use medical cannabis or include medical cannabis in a patient's discharge plan. (d) Compliance with this section shall not be a condition for obtaining, retaining, or renewing a license as a health care facility. (e) This section shall not be construed to reduce, expand, or otherwise modify state laws regulating the cultivation, possession, distribution, or use of cannabis that may otherwise be applicable. (f) A health care facility shall suspend patient use of medical cannabis on premises if the health care facility receives notice or otherwise obtains knowledge that: (1) A federal agency, including the United States Department of Justice, has initiated an enforcement action against the health care facility in relation to the facility's compliance with a state-regulated medical cannabis program; or (2) A federal agency, including the United States Department of Justice or Department of Health and Human Services Centers for Medicare and Medicaid Services has, by rule or otherwise, prohibited the patient use of medical cannabis on premises of health care facilities or the facilities' compliance with a state-regulated medical cannabis program; until the facility receives notice from the federal agency allowing the facility to resume patient use of medical cannabis on premises. (g) This section does not apply to a patient receiving emergency services or care. (h) For the purposes of this section: "Health care facility" shall have the same meaning as defined in section 323D-2. "Health care facility" does not include a chemical dependency recovery hospital, state hospital, or health care programs within jails and prisons operated by the department of public safety or its successor. "Medical cannabis" means cannabis or a cannabis product used by a patient in compliance with section 329-122. "Patient" means an individual admitted to a health care facility for inpatient treatment. "Terminally ill" means having a medical condition that can reasonably be expected to result in death in twelve months or less if the medical condition follows its natural course." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect on December 31, 2050. |
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| 47 | + | SECTION 1. The purpose of this Act is to allow terminally ill patients to safely use medical cannabis within specified health care facilities. SECTION 2. Chapter 329, Hawaii Revised Statutes, is amended by adding a new section to part IX to be appropriately designated and to read as follows: "§329- Compassionate access; health care facility; terminally-ill patients; condition of use. (a) A health care facility shall allow a terminally ill patient to use medical cannabis in compliance with section 329-122; provided that: (1) The patient's intake of the medical cannabis shall not be through smoking or use of an electronic smoking device; (2) The medical cannabis, when not in use, shall be stored in a securely locked box or other container in a location that a reasonable person would believe to be secure; (3) The patient shall submit to the health care facility, documentation establishing that the patient is legally authorized to use medical cannabis, including a copy of the patient's registration certificate issued pursuant to section 329-123(b) or written certification issued pursuant to section 329-126; (4) The patient's medical use of cannabis shall be included in the patient's medical records; and (5) The health care facility shall adopt and disseminate to its patients: (A) A medical cannabis use policy that ensures the safe operations of the health care facility; the health and safety of its patients, guests, and employees; and compliance with other applicable laws; and (B) Written guidelines for the use of medicinal cannabis by patients on the health care facility's premises. (b) Notwithstanding any other law to the contrary and the classification of medicinal cannabis as a schedule I controlled substance, health care facilities permitting patient use of medicinal cannabis shall comply with drug and medication requirements applicable to Schedule II, III, and IV controlled substances and shall be subject to enforcement actions by the department of health. (c) Nothing in this section requires a health care facility to recommend patients to use medicinal cannabis or include medicinal cannabis in a patient's discharge plan. (d) Compliance with this section shall not be a condition for obtaining, retaining, or renewing a license as a health care facility. (e) This section does not reduce, expand, or otherwise modify state laws regulating the cultivation, possession, distribution, or use of cannabis that may otherwise be applicable. (f) A health care facility shall suspend patient use of medical cannabis on premises if the health care facility receives notice or otherwise obtains knowledge that: (1) A federal agency, including the United States Department of Justice, has initiated an enforcement action against the health care facility in relation to the facility's compliance with a state-regulated medical cannabis program; or (2) A federal agency, including the United States Department of Justice and United States Department of Health and Human Services Centers for Medicare and Medicaid Services has, by rule or otherwise, prohibited the patient use of medical cannabis on premises of health care facilities or the facilities' compliance with a state-regulated medical cannabis program; until the facility receives notice from the federal agency allowing the facility to resume patient use of medicinal cannabis on premises. (g) No health care facility shall prohibit patient use of medicinal cannabis on premises due solely on the fact that cannabis is a Schedule I controlled substance pursuant to the federal Uniform Controlled Substances Act, or other federal constraints on the use of medicinal cannabis that were in existence prior to the enactment of this chapter. (h) This section does not apply to a patient receiving emergency services and care. (i) For the purposes of this section: "Health care facility" shall have the same meaning as defined in section 323D-2. "Health care facility" does not include a chemical dependency recovery hospital or a State hospital. "Medicinal cannabis" means cannabis or a cannabis product used by a patient in compliance with section 329-122. "Patient" means an individual admitted to a health care facility for inpatient treatment. "Terminally ill" means having a medical condition that can reasonably be expected to result in death in twelve months or less if the medical condition follows its natural course." SECTION 3. New statutory material is underscored. SECTION 4. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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