Florida Senate - 2019 COMMITTEE AMENDMENT Bill No. SB 182 Ì815914/Î815914 LEGISLATIVE ACTION Senate . House Comm: WD . 02/05/2019 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Health Policy (Bean) recommended the following: 1 Senate Amendment (with directory and title amendments) 2 3 Between lines 50 and 51 4 insert: 5 (4) PHYSICIAN CERTIFICATION.— 6 (a) A qualified physician may issue a physician 7 certification only if the qualified physician: 8 1. Conducted a physical examination while physically 9 present in the same room as the patient and a full assessment of 10 the medical history of the patient. 11 2. Diagnosed the patient with at least one qualifying 12 medical condition. 13 3. Determined that the medical use of marijuana would 14 likely outweigh the potential health risks for the patient, and 15 such determination must be documented in the patient’s medical 16 record. If a patient is younger than 18 years of age, a second 17 physician must concur with this determination, and such 18 concurrence must be documented in the patient’s medical record. 19 4. Determined whether the patient is pregnant and 20 documented such determination in the patient’s medical record. A 21 physician may not issue a physician certification, except for 22 low-THC cannabis, to a patient who is pregnant. 23 5. Reviewed the patient’s controlled drug prescription 24 history in the prescription drug monitoring program database 25 established pursuant to s. 893.055. 26 6. Reviews the medical marijuana use registry and confirmed 27 that the patient does not have an active physician certification 28 from another qualified physician. 29 7. Registers as the issuer of the physician certification 30 for the named qualified patient on the medical marijuana use 31 registry in an electronic manner determined by the department, 32 and: 33 a. Enters into the registry the contents of the physician 34 certification, including the patient’s qualifying condition and 35 the dosage not to exceed the daily dose amount determined by the 36 department, the amount and forms of marijuana authorized for the 37 patient, and any types of marijuana delivery devices needed by 38 the patient for the medical use of marijuana. 39 b. Updates the registry within 7 days after any change is 40 made to the original physician certification to reflect such 41 change. 42 c. Deactivates the registration of the qualified patient 43 and the patient’s caregiver when the physician no longer 44 recommends the medical use of marijuana for the patient. 45 8. Obtains the voluntary and informed written consent of 46 the patient for medical use of marijuana each time the qualified 47 physician issues a physician certification for the patient, 48 which shall be maintained in the patient’s medical record. The 49 patient, or the patient’s parent or legal guardian if the 50 patient is a minor, must sign the informed consent acknowledging 51 that the qualified physician has sufficiently explained its 52 content. The qualified physician must use a standardized 53 informed consent form adopted in rule by the Board of Medicine 54 and the Board of Osteopathic Medicine, which must include, at a 55 minimum, information related to: 56 a. The Federal Government’s classification of marijuana as 57 a Schedule I controlled substance. 58 b. The approval and oversight status of marijuana by the 59 Food and Drug Administration. 60 c. The current state of research on the efficacy of 61 marijuana to treat the qualifying conditions set forth in this 62 section. 63 d. The potential for addiction. 64 e. The potential effect that marijuana may have on a 65 patient’s coordination, motor skills, and cognition, including a 66 warning against operating heavy machinery, operating a motor 67 vehicle, or engaging in activities that require a person to be 68 alert or respond quickly. 69 f. The potential side effects of marijuana use. 70 g. The risks, benefits, and drug interactions of marijuana. 71 h. That the patient’s de-identified health information 72 contained in the physician certification and medical marijuana 73 use registry may be used for research purposes. 74 75 A qualified physician may not issue a physician certification 76 for a patient younger than 18 years of age to receive marijuana 77 in a form for smoking. 78 79 ====== D I R E C T O R Y C L A U S E A M E N D M E N T ====== 80 And the directory clause is amended as follows: 81 Delete lines 13 - 14 82 and insert: 83 Section 1. Paragraph (j) of subsection (1), paragraph (a) 84 of subsection (4), and paragraph (e) of subsection (8) of 85 section 381.986, Florida Statutes, are 86 87 ================= T I T L E A M E N D M E N T ================ 88 And the title is amended as follows: 89 Between lines 6 and 7 90 insert: 91 prohibiting a qualified physician from issuing a 92 physician certification for a patient younger than 18 93 years of age to receive marijuana in a form for 94 smoking;