DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part of the
legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law
or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 169 Original 2019 Regular Session Hoffmann
Abstract: Authorizes the La. State Board of Medical Examiners to create and maintain a data
system for collection of information on health effects and outcomes associated with medical
marijuana.
Present law authorizes physicians who are domiciled in La. and licensed by and in good standing
with the La. State Board of Medical Examiners, referred to hereafter as the "board", to recommend
medical marijuana for therapeutic use by patients clinically diagnosed as suffering from a debilitating
medical condition. Authorizes physicians to prescribe, rather than recommend, medical marijuana
for treatment of a patient's debilitating medical condition if and when the U.S. Drug Enforcement
Administration reclassifies marijuana from a Schedule I drug to a Schedule II drug. Defines
"debilitating medical condition" to mean cancer, glaucoma, Parkinson's disease, positive status for
human immunodeficiency virus, acquired immune deficiency syndrome, cachexia or wasting
syndrome, seizure disorders, epilepsy, spasticity, severe muscle spasms, intractable pain, Crohn's
disease, muscular dystrophy, multiple sclerosis, post traumatic stress disorder, and certain conditions
associated with autism spectrum disorder.
Proposed law retains present law and requires that La.-licensed physicians report adverse events and
health outcomes associated with a patient's use of medical marijuana to the data system provided for
in proposed law. Defines "adverse event" as any incident relating to the use of a drug prescribed or
recommended to a patient that may result in serious harm or injury to the patient or in the patient's
death.
Proposed law provides that its purpose is to promote the practice of evidence-based medicine in La.
through the creation of a system which facilitates the collection and analysis of information on health
effects, events, and outcomes associated with the use of medical marijuana by patients in this state.
Proposed law authorizes the board to create and maintain an electronic system for the collection and
analysis of clinical information associated with the use of medical marijuana by patients. Requires
that the system include, at minimum, the following components:
(1)A component for the collection of data concerning adverse events experienced by patients
which are associated with the use of medical marijuana. Requires the board to design and
administer the data system such that any of the following persons may report an adverse
event:
(a)The patient. (b)A family member of the patient.
(c)A physician who prescribes or recommends medical marijuana to a patient.
(d)Any physician who treats a patient other than a physician who prescribes or
recommends medical marijuana to the patient.
(2)A component for the collection of data concerning health outcomes other than adverse events
experienced by patients that are associated with the use of medical marijuana. Requires the
board to design and administer the data system such that reporting of health outcomes is
limited to physicians exclusively.
Proposed law requires the board to collaborate with the medical schools of the LSU Health Sciences
Centers at New Orleans and Shreveport and the Tulane University School of Medicine in designing
and implementing the data system.
Proposed law requires the board to maintain the data system in a secure environment which
complies, at minimum, with all applicable federal laws and regulations providing for the protection
of health information.
Proposed law provides that the board may authorize and facilitate access to data in the system to an
outside party only if that party seeks the data for use in a bona fide medical research effort which has
been authorized by the institutional review board of the organization conducting the research.
Stipulates that the board shall have exclusive authority to determine whether an activity qualifies as
a bona fide medical research effort in accordance with proposed law, and that any disclosure of data
in the system shall be subject to the approval of the board.
Proposed law provides that except for any disclosure of data specifically authorized by proposed law,
all data in the data system shall be confidential and shall not be available for subpoena, nor shall
such information be disclosed, discoverable, or compelled to be produced in any civil, criminal,
administrative, or other proceeding. Stipulates that the data maintained in the data system shall not
be subject to any public records request nor shall any such data be considered as a public record
pursuant to present law relative to public records, R.S. 44:1 et seq.
Proposed law authorizes the board to receive and expend all funds as may be necessary to implement
and maintain the data system. Provides that such funds may include, without limitation, funds
appropriated by the legislature, including any appropriation of federal funds; funding provided by
contract or other agreement with a governmental entity; and any public or private donations, gifts,
or grants from governmental sources, individuals, corporations, nonprofit organizations, or other
business entities.
Proposed law requires the board to promulgate administrative rules as necessary to implement
proposed law.
(Amends R.S. 44:4.1(B)(26); Adds R.S. 40:1046(A)(6) and 1168.1-1168.6 and R.S. 40:1046(A)(6) of ยง2 of Act No. 96 of the 2016 R.S.)