Florida Senate - 2022                                     SB 326
       By Senator Brandes
       24-00116-22                                            2022326__
    1                        A bill to be entitled                      
    2         An act relating to physician certifications for the
    3         medical use of marijuana; amending s. 381.986, F.S.;
    4         deleting a requirement that qualified physicians be
    5         physically present in the same room as their patients
    6         when conducting an examination for physician
    7         certification for the medical use of marijuana;
    8         authorizing qualified physicians to conduct such
    9         examinations through telehealth; providing an
   10         effective date.
   12  Be It Enacted by the Legislature of the State of Florida:
   14         Section 1. Paragraph (a) of subsection (4) of section
   15  381.986, Florida Statutes, is amended to read:
   16         381.986 Medical use of marijuana.—
   18         (a) A qualified physician may issue a physician
   19  certification only if the qualified physician:
   20         1. Conducted an a physical examination of while physically
   21  present in the same room as the patient and a full assessment of
   22  the medical history of the patient. The examination of the
   23  patient may be conducted through telehealth as defined in s.
   24  456.47.
   25         2. Diagnosed the patient with at least one qualifying
   26  medical condition.
   27         3. Determined that the medical use of marijuana would
   28  likely outweigh the potential health risks for the patient, and
   29  such determination must be documented in the patient’s medical
   30  record. If a patient is younger than 18 years of age, a second
   31  physician must concur with this determination, and such
   32  concurrence must be documented in the patient’s medical record.
   33         4. Determined whether the patient is pregnant and
   34  documented such determination in the patient’s medical record. A
   35  physician may not issue a physician certification, except for
   36  low-THC cannabis, to a patient who is pregnant.
   37         5. Reviewed the patient’s controlled drug prescription
   38  history in the prescription drug monitoring program database
   39  established pursuant to s. 893.055.
   40         6. Reviews the medical marijuana use registry and confirmed
   41  that the patient does not have an active physician certification
   42  from another qualified physician.
   43         7. Registers as the issuer of the physician certification
   44  for the named qualified patient on the medical marijuana use
   45  registry in an electronic manner determined by the department,
   46  and:
   47         a. Enters into the registry the contents of the physician
   48  certification, including the patient’s qualifying condition and
   49  the dosage not to exceed the daily dose amount determined by the
   50  department, the amount and forms of marijuana authorized for the
   51  patient, and any types of marijuana delivery devices needed by
   52  the patient for the medical use of marijuana.
   53         b. Updates the registry within 7 days after any change is
   54  made to the original physician certification to reflect such
   55  change.
   56         c. Deactivates the registration of the qualified patient
   57  and the patient’s caregiver when the physician no longer
   58  recommends the medical use of marijuana for the patient.
   59         8. Obtains the voluntary and informed written consent of
   60  the patient for medical use of marijuana each time the qualified
   61  physician issues a physician certification for the patient,
   62  which shall be maintained in the patient’s medical record. The
   63  patient, or the patient’s parent or legal guardian if the
   64  patient is a minor, must sign the informed consent acknowledging
   65  that the qualified physician has sufficiently explained its
   66  content. The qualified physician must use a standardized
   67  informed consent form adopted in rule by the Board of Medicine
   68  and the Board of Osteopathic Medicine, which must include, at a
   69  minimum, information related to:
   70         a. The Federal Government’s classification of marijuana as
   71  a Schedule I controlled substance.
   72         b. The approval and oversight status of marijuana by the
   73  Food and Drug Administration.
   74         c. The current state of research on the efficacy of
   75  marijuana to treat the qualifying conditions set forth in this
   76  section.
   77         d. The potential for addiction.
   78         e. The potential effect that marijuana may have on a
   79  patient’s coordination, motor skills, and cognition, including a
   80  warning against operating heavy machinery, operating a motor
   81  vehicle, or engaging in activities that require a person to be
   82  alert or respond quickly.
   83         f. The potential side effects of marijuana use, including
   84  the negative health risks associated with smoking marijuana.
   85         g. The risks, benefits, and drug interactions of marijuana.
   86         h. That the patient’s de-identified health information
   87  contained in the physician certification and medical marijuana
   88  use registry may be used for research purposes.
   89         Section 2. This act shall take effect July 1, 2022.