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. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 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.— 17 (4) PHYSICIAN CERTIFICATION.— 18 (a) A qualified physician may issue a physician 19 certification only if the qualified physician: 20 1. Conducted an
a physicalexamination of while physically21 present in the same room asthe 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.