| 47 | | - | SECTION 1. (a) There is established in the department of health for administrative purposes a terminally ill qualifying patient medical cannabis use working group to study the feasibility of permitting terminally ill qualifying patients to safely use medical cannabis within a health care facility. The working group shall consider: (1) The types of health care facilities in which a terminally ill qualifying patient may use medical cannabis; (2) Appropriate safety protocols for the medical use of cannabis by terminally ill qualifying patients in a health care facility, including any storage requirements; and (3) Barriers to the use of medical cannabis by a terminally ill qualifying patient, including any applicable federal laws and regulations. (b) The working group shall be composed of the following members: (1) A representative from the department of health; (2) A representative from a hospital; (3) A representative from a care home facility; (4) A representative from a hospice provider; (5) A representative from a patient advocacy organization; and (6) Any other members, including representatives from state agencies, interested stakeholders, or other advocates, deemed necessary by a majority vote of the members of the working group. (c) The working group shall submit a report of its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2024. (d) The working group shall cease to exist on June 30, 2025. SECTION 2. This Act shall take effect on June 30, 3000. |
|---|
| 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. |
|---|