ENROLLED
2018 Regular Session
HOUSE BILL NO. 579
BY REPRESENTATIVES JAMES AND COX
1 AN ACT
2 To amend and reenact R.S. 40:1046(A)(1) and (2) and (J), and R.S. 40:1046(A)(1) and (2)
3 and (J) as amended and reenacted by Section 2 of Act No. 96 of the 2016 Regular
4 Session of the Legislature of Louisiana and to enact R.S. 40:1046(K) and R.S.
5 40:1046(K) of Section 2 of Act No. 96 of the 2016 Regular Session of the
6 Legislature of Louisiana, relative to the authorization of marijuana for therapeutic
7 use; to provide for debilitating medical conditions; to provide for definitions; and to
8 provide for related matters.
9 Be it enacted by the Legislature of Louisiana:
10 Section 1. R.S. 40:1046(A)(1) and (2) and (J) are hereby amended and and reenacted
11 and R.S. 40:1046(K) is hereby enacted to read as follows:
12 §1046. Recommendation of marijuana for therapeutic use; rules and regulations;
13 Louisiana Board of Pharmacy and the adoption of rules and regulations
14 relating to the dispensing of recommended marijuana for therapeutic use; the
15 Department of Agriculture and Forestry and the licensure of a production
16 facility
17 A.(1) Notwithstanding any other provision of this Part, a physician licensed
18 by and in good standing with the Louisiana State Board of Medical Examiners to
19 practice medicine in this state and who is domiciled in this state may recommend,
20 in any form as permitted by the rules and regulations of the Louisiana Board of
21 Pharmacy except for inhalation, and raw or crude marijuana, tetrahydrocannabinols,
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1 or a chemical derivative of tetrahydrocannabinols for therapeutic use by patients
2 clinically diagnosed as suffering from a debilitating medical condition.
3 (2)(a) For purposes of this Subsection, "debilitating medical condition"
4 means cancer, glaucoma, Parkinson's disease, positive status for human
5 immunodeficiency virus, acquired immune deficiency syndrome, cachexia or
6 wasting syndrome, seizure disorders, epilepsy, spasticity, severe muscle spasms,
7 intractable pain, Crohn's disease, muscular dystrophy, or multiple sclerosis, or post-
8 traumatic stress disorder.
9 (b) Intractable pain means a pain state in which the cause of the pain cannot
10 be removed or otherwise treated with the consent of the patient and which, in the
11 generally accepted course of medical practice, no relief or cure of the cause of the
12 pain is possible, or none has been found after reasonable efforts. It is pain so chronic
13 and severe as to otherwise warrant an opiate prescription.
14 (c) If the United States Food and Drug Administration approves the use of
15 medical marijuana in the same form provided for in this Part for any debilitating
16 medical condition specifically identified in this Paragraph, that medical condition
17 shall no longer be covered by the provisions of this Part.
18 (c)(d) If the United States Food and Drug Administration approves the use
19 of medical marijuana in a form or derivative different than provided for in this Part
20 for any debilitating medical condition specifically identified in this Paragraph, the
21 disease state shall remain covered by the provisions of this Part. The patient shall
22 first be treated by the approved form or derivative of medical marijuana through
23 utilization of step therapy or fail first protocols. If, after use of the United States
24 Food and Drug Administration approved form or derivative of medical marijuana,
25 the physician determines that the preferred treatment required under step therapy or
26 fail first protocol has been ineffective in the treatment of the patient's debilitating
27 medical condition, he may recommend the form of medical marijuana provided for
28 in this Part for use by the patient as medically necessary.
29 * * *
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1 J. Notwithstanding any other provision of law to the contrary, employers and
2 their worker's compensation insurers shall not be obliged or ordered to pay for
3 medical marijuana in claims arising under Title 23 of the Louisiana Revised Statutes
4 of 1950, the Louisiana Workers' Compensation Law.
5 K. The provisions of this Section shall terminate on January 1, 2020.
6 Section 2. R.S. 40:1046(A)(1) and (2) and (J) as amended and reenacted by Section
7 2 of Act No. 96 of the 2016 Regular Session of the Legislature of Louisiana are hereby
8 amended and reenacted and R.S. 40:1046(K) is hereby enacted to read as follows:
9 Section 2. R.S. 40:1046 is hereby amended and reenacted to read as follows:
10 §1046. Prescription of marijuana for therapeutic use; rules and regulations;
11 Louisiana Board of Pharmacy and the adoption of rules and
12 regulations relating to the dispensing of prescribed marijuana for
13 therapeutic use; the Department of Agriculture and Forestry and the
14 licensure of a production facility
15 A.(1) Notwithstanding any other provision of this Part, a physician
16 licensed by and in good standing with the Louisiana State Board of Medical
17 Examiners to practice medicine in this state and who is domiciled in this state
18 may prescribe, in any form as permitted by the rules and regulations of the
19 Louisiana Board of Pharmacy except for inhalation, and raw or crude
20 marijuana, tetrahydrocannabinols, or a chemical derivative of
21 tetrahydrocannabinols for therapeutic use by patients clinically diagnosed as
22 suffering from a debilitating medical condition glaucoma, symptoms
23 resulting from the administration of chemotherapy cancer treatment, and
24 spastic quadriplegia in accordance with rules and regulations promulgated by
25 the Louisiana State Board of Medical Examiners. The Louisiana State Board
26 of Medical Examiners shall submit to the Senate and House committees on
27 health and welfare on an annual basis not less than sixty days prior to the
28 beginning of the regular session of the legislature a report as to any
29 additional diseases or medical conditions that should be added to the list of
30 eligible diseases and conditions for prescription.
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1 (2)(a) For purposes of this Subsection, "debilitating medical
2 condition" means cancer, glaucoma, positive status for human
3 immunodeficiency virus, acquired immune deficiency syndrome, cachexia
4 or wasting syndrome, seizure disorders, epilepsy, spasticity, severe muscle
5 spasms, intractable pain, Crohn's disease, muscular dystrophy, or multiple
6 sclerosis, or post-traumatic stress disorder.
7 (b) Intractable pain means a pain state in which the cause of the pain
8 cannot be removed or otherwise treated with the consent of the patient and
9 which, in the generally accepted course of medical practice, no relief or cure
10 of the cause of the pain is possible, or none has been found after reasonable
11 efforts. It is pain so chronic and severe as to otherwise warrant an opiate
12 prescription.
13 (b)(c) If the United States Food and Drug Administration approves
14 the use of medical marijuana in the same form provided for in this Part for
15 any debilitating medical condition specifically identified in this Paragraph,
16 that medical condition shall no longer be covered by the provisions of this
17 Part.
18 (c)(d) If the United States Food and Drug Administration approves
19 the use of medical marijuana in a form or derivative different than provided
20 for in this Part for any debilitating medical condition specifically identified
21 in this Paragraph, the disease state shall remain covered by the provisions of
22 this Part. The patient shall first be treated by the approved form or derivative
23 of medical marijuana through utilization of step therapy or fail first
24 protocols. If, after use of the United States Food and Drug Administration
25 approved form or derivative of medical marijuana, the physician determines
26 that the preferred treatment required under step therapy or fail first protocol
27 has been ineffective in the treatment of the patient's debilitating medical
28 condition, he may prescribe the form of medical marijuana provided for in
29 this Part for use by the patient as medically necessary.
30 * * *
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1 J. Notwithstanding any other provision of law to the contrary, employers and
2 their worker's compensation insurers shall not be obliged or ordered to pay for
3 medical marijuana in claims arising under Title 23 of the Louisiana Revised Statutes
4 of 1950, the Louisiana Workers' Compensation Law.
5 K. The provisions of this Section shall terminate on January 1, 2020.
SPEAKER OF THE HOUSE OF REPRESENTATIVES
PRESIDENT OF THE SENATE
GOVERNOR OF THE STATE OF LOUISIANA
APPROVED:
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