SLS 19RS-3362 ORIGINAL
2019 Regular Session
SENATE RESOLUTION NO. 255
BY SENATOR BARROW
HEALTH CARE. Requests the Louisiana Department of Health, Louisiana State Board of
Medical Examiners, and Louisiana Board of Pharmacy to study and make recommendations
relative to certain provisions of Louisiana law on medical marijuana.
1 A RESOLUTION
2 To urge and request the Louisiana Department of Health, Louisiana State Board of Medical
3 Examiners, and Louisiana Board of Pharmacy to study and make recommendations
4 relative to certain provisions of Louisiana law on medical marijuana.
5 WHEREAS, the Legislature of Louisiana authorized the recommendation of medical
6 marijuana for therapeutic use in limited dosing forms for individuals with debilitating
7 medical conditions; and
8 WHEREAS, during the past several legislative sessions, Louisiana law on therapeutic
9 use of marijuana has continuously evolved to include additional disease states, including
10 autism spectrum disorder; and
11 WHEREAS, in addition to autism spectrum disorder, the law provides for fifteen
12 additional identified debilitating medical conditions that are eligible for treatment with
13 medical marijuana; and
14 WHEREAS, the law includes a requirement that a physician recommending medical
15 marijuana for treatment of autism spectrum disorder must consult with a pediatric
16 subspecialist if the patient is under the age of eighteen; and
17 WHEREAS, other than autism spectrum disorder, there is no provision in the law
18 that requires pediatric subspecialist consultation when recommending medical marijuana for
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SLS 19RS-3362 ORIGINAL
1 children; and
2 WHEREAS, while many studies are ongoing with the state legalization of medical
3 marijuana in thirty-three states and the District of Columbia, there is currently a lack of
4 clinically proven scientific evidence on the affects medical marijuana has on children; and
5 WHEREAS, while the legislature has supported giving pediatric patients options to
6 relieve their debilitating conditions, consideration should be given to this unique population
7 to ensure that medical marijuana use does not have unintended consequences; and
8 WHEREAS, the recommendation of medical marijuana is and has always been
9 considered a personal decision to be discussed between the patient and his physician who
10 is engaged in the overall treatment of the patient; and
11 WHEREAS, the Louisiana State Board of Medical Examiners (LSBME) regulates
12 physicians, including the imposition of specific training and certification, to lawfully
13 recommend medical marijuana in Louisiana; and
14 WHEREAS, current LSBME provisions promulgated by the board include a hundred
15 patient maximum for physicians recommending medical marijuana; and
16 WHEREAS, LSBME has issued a notice of intent in accordance with the
17 Administrative Procedure Act to repeal current patient limit provisions and impose no limit
18 on the number of patients to which a physician may recommend medical marijuana; and
19 WHEREAS, even though medical marijuana is not currently available, several
20 physicians have developed business models based entirely on providing access to medical
21 marijuana; and
22 WHEREAS, in general, LSBME regulates the practice of medicine; however, if the
23 physician is practicing pain management, then he must also be licensed by the Louisiana
24 Department of Health as a pain management clinic; and
25 WHEREAS, a pain management clinic is a facility which primarily engages in the
26 treatment of pain by prescribing narcotic medication, that has been defined in rule to mean
27 a facility in which, during the course of any day the clinic is in operation, fifty-one percent
28 or more of the patients seen are issued a narcotic prescription for the treatment of chronic
29 nonmalignant pain; and
30 WHEREAS, as medical marijuana becomes available to patients, the regulatory
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SLS 19RS-3362 ORIGINAL
1 bodies authorized to govern implementation of the program shall assess implementation of
2 any propose any laws, rules, or regulations warranted to protect children and to protect the
3 public from any unintended adverse consequences.
4 THEREFORE, BE IT RESOLVED that the Senate of the Legislature of Louisiana
5 does hereby request the Louisiana Department of Health, the Louisiana State Board of
6 Medical Examiners, and the Louisiana Board of Pharmacy to study and make
7 recommendations relative to certain provisions of Louisiana law on medical marijuana.
8 BE IT FURTHER RESOLVED that the study shall include specific
9 recommendations on the following:
10 (1) Requirement for subspecialty consultation for pediatric patients with any
11 debilitating medical condition, not just autism spectrum disorder, prior to recommending
12 medical marijuana.
13 (2) Requirement for specific state licensure for a facility in which, on any day the
14 clinic is in operation, fifty-one percent or more of patients seen are issued a medical
15 marijuana recommendation.
16 (3) Any other patient protections that may be necessary due to the mood-altering
17 nature of medical marijuana and as a result of this being a cash-based industry.
18 BE IT FURTHER RESOLVED that in conducting this study, external subject matter
19 experts from Louisiana and other states may be called upon to provide input.
20 BE IT FURTHER RESOLVED that a report of recommendations shall be submitted
21 to the Senate of the Legislature of Louisiana on or before February 1, 2020. However,
22 conducting this study shall not be construed as a limit on rulemaking authority vested in the
23 Louisiana Department of Health, the Louisiana State Board of Medical Examiners, and the
24 Louisiana Board of Pharmacy to address any matters related to medical marijuana that shall
25 be required during the study period.
26 BE IT FURTHER RESOLVED that a copy of this Resolution be transmitted to the
27 secretary of the Louisiana Department of Health, the executive director of the Louisiana
28 State Board of Medical Examiners, and the executive director of the Louisiana Board of
29 Pharmacy.
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SLS 19RS-3362 ORIGINAL
The original instrument and the following digest, which constitutes no part
of the legislative instrument, were prepared by Christine Arbo Peck.
DIGEST
SR 255 Original 2019 Regular Session Barrow
Requests the Louisiana Department of Health, the Louisiana State Board of Medical
Examiners, and the Louisiana Board of Pharmacy to study and make recommendations
relative to certain provisions of Louisiana law on medical marijuana and submit a report of
findings and recommendations on or before February 1, 2020.
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