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