Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS for CS for HB 387
       
       
       
       
       
       
                                Ì261896WÎ261896                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             05/03/2023 04:47 PM       .      05/04/2023 03:29 PM       
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       Senators Rouson and Davis moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a), (g), and (i) of subsection (4)
    6  of section 381.986, Florida Statutes, are amended to read:
    7         381.986 Medical use of marijuana.—
    8         (4) PHYSICIAN CERTIFICATION.—
    9         (a) A qualified physician may issue a physician
   10  certification only if the qualified physician:
   11         1. Conducted an a physical examination of while physically
   12  present in the same room as the patient and a full assessment of
   13  the medical history of the patient. Before issuing an initial
   14  certification to a patient, the qualified physician must conduct
   15  an in-person physical examination of the patient. For
   16  certification renewals, a qualified physician who has issued a
   17  certification to a patient after conducting an in-person
   18  physical examination may conduct subsequent examinations of that
   19  patient through telehealth as defined in s. 456.47. For the
   20  purposes of this subparagraph, the term “in-person physical
   21  examination″ means an examination conducted by a qualified
   22  physician while the physician is physically present in the same
   23  room as the patient.
   24         2. Diagnosed the patient with at least one qualifying
   25  medical condition.
   26         3. Determined that the medical use of marijuana would
   27  likely outweigh the potential health risks for the patient, and
   28  such determination must be documented in the patient’s medical
   29  record. If a patient is younger than 18 years of age, a second
   30  physician must concur with this determination, and such
   31  concurrence must be documented in the patient’s medical record.
   32         4. Determined whether the patient is pregnant and
   33  documented such determination in the patient’s medical record. A
   34  physician may not issue a physician certification, except for
   35  low-THC cannabis, to a patient who is pregnant.
   36         5. Reviewed the patient’s controlled drug prescription
   37  history in the prescription drug monitoring program database
   38  established pursuant to s. 893.055.
   39         6. Reviews the medical marijuana use registry and confirmed
   40  that the patient does not have an active physician certification
   41  from another qualified physician.
   42         7. Registers as the issuer of the physician certification
   43  for the named qualified patient on the medical marijuana use
   44  registry in an electronic manner determined by the department,
   45  and:
   46         a. Enters into the registry the contents of the physician
   47  certification, including the patient’s qualifying condition and
   48  the dosage not to exceed the daily dose amount determined by the
   49  department, the amount and forms of marijuana authorized for the
   50  patient, and any types of marijuana delivery devices needed by
   51  the patient for the medical use of marijuana.
   52         b. Updates the registry within 7 days after any change is
   53  made to the original physician certification to reflect such
   54  change.
   55         c. Deactivates the registration of the qualified patient
   56  and the patient’s caregiver when the physician no longer
   57  recommends the medical use of marijuana for the patient.
   58         8. Obtains the voluntary and informed written consent of
   59  the patient for medical use of marijuana each time the qualified
   60  physician issues a physician certification for the patient,
   61  which shall be maintained in the patient’s medical record. The
   62  patient, or the patient’s parent or legal guardian if the
   63  patient is a minor, must sign the informed consent acknowledging
   64  that the qualified physician has sufficiently explained its
   65  content. The qualified physician must use a standardized
   66  informed consent form adopted in rule by the Board of Medicine
   67  and the Board of Osteopathic Medicine, which must include, at a
   68  minimum, information related to:
   69         a. The Federal Government’s classification of marijuana as
   70  a Schedule I controlled substance.
   71         b. The approval and oversight status of marijuana by the
   72  Food and Drug Administration.
   73         c. The current state of research on the efficacy of
   74  marijuana to treat the qualifying conditions set forth in this
   75  section.
   76         d. The potential for addiction.
   77         e. The potential effect that marijuana may have on a
   78  patient’s coordination, motor skills, and cognition, including a
   79  warning against operating heavy machinery, operating a motor
   80  vehicle, or engaging in activities that require a person to be
   81  alert or respond quickly.
   82         f. The potential side effects of marijuana use, including
   83  the negative health risks associated with smoking marijuana.
   84         g. The risks, benefits, and drug interactions of marijuana.
   85         h. That the patient’s deidentified health information
   86  contained in the physician certification and medical marijuana
   87  use registry may be used for research purposes.
   88         (g) A qualified physician must evaluate an existing
   89  qualified patient at least once every 30 weeks before issuing a
   90  new physician certification. A qualified physician who has
   91  issued a certification to the patient after conducting an in
   92  person physical examination as defined in subparagraph (a)1. may
   93  conduct the evaluation through telehealth as defined in s.
   94  456.47. A physician must:
   95         1. Determine if the patient still meets the requirements to
   96  be issued a physician certification under paragraph (a).
   97         2. Identify and document in the qualified patient’s medical
   98  records whether the qualified patient experienced either of the
   99  following related to the medical use of marijuana:
  100         a. An adverse drug interaction with any prescription or
  101  nonprescription medication; or
  102         b. A reduction in the use of, or dependence on, other types
  103  of controlled substances as defined in s. 893.02.
  104         3. Submit a report with the findings required pursuant to
  105  subparagraph 2. to the department. The department shall submit
  106  such reports to the Consortium for Medical Marijuana Clinical
  107  Outcomes Research established pursuant to s. 1004.4351.
  108         (i) The department shall monitor physician registration in
  109  the medical marijuana use registry and the issuance of physician
  110  certifications for practices that could facilitate unlawful
  111  diversion or misuse of marijuana or a marijuana delivery device
  112  and shall take disciplinary action as appropriate. The
  113  department may suspend the registration of a qualified physician
  114  in the medical marijuana use registry for a period of up to 2
  115  years if the qualified physician:
  116         1. Fails to comply with this section; or
  117         2. Provides, advertises, or markets telehealth services
  118  before July 1, 2023.
  119         Section 2. (1) Notwithstanding any provision of s.
  120  381.986(8)(a)2.b., Florida Statutes, to the contrary, the
  121  Department of Health shall, as soon as practicable, license all
  122  applicants that applied for licensure during the application
  123  window created by the department to accept applications for
  124  licensure pursuant to s. 381.986(8)(a)2.b., Florida Statutes,
  125  and received:
  126         (a) A notice from the department regarding the applicant′s
  127  application for licensure indicating the department′s intent to
  128  approve or deny the application which did not cite any
  129  deficiencies with the application, regardless of the applicant′s
  130  final score; or
  131         (b) A final determination from the department as a result
  132  of a challenge to the application process, initiated pursuant to
  133  s. 120.569, Florida Statutes, determining that the applicant met
  134  all requirements for licensure pursuant to s. 381.986(8)(a)2.b.,
  135  Florida Statutes, and applicable rules, regardless of the
  136  applicant′s final score.
  137         (2)Upon this section becoming a law, the department shall
  138  grant each applicant referenced in subsection (1) 90 days to
  139  cure, pursuant to the errors and omissions process established
  140  in department Form DH8035-OMMU-10/2021 as incorporated by the
  141  department in Rule 64ER21-16, F.A.C., any deficiencies cited in
  142  a notice referenced in paragraph (1)(a). If such applicant cures
  143  the deficiencies within that 90-day timeframe, the department
  144  shall issue a license to the applicant.
  145         (3)If an applicant who was alive at the time he or she
  146  received the notice referred to in paragraph (1)(a) dies during
  147  the challenge referred to in paragraph (1)(b), the death of the
  148  applicant may not be a reason to deny the challenge. In such a
  149  case and in the event of a successful challenge pursuant to
  150  paragraph (1)(b), the department must issue the license to the
  151  estate of the applicant.
  152         (4) The number of licenses made available for issuance
  153  under s. 381.986(8)(a)4., Florida Statutes, must be reduced by
  154  the number of licenses awarded under this section, except that
  155  the number of licenses awarded under this section may not be
  156  deducted from the number of licenses available for the
  157  application window held between April 24, 2023, and April 28,
  158  2023.
  159         (5)This section shall take effect upon becoming a law.
  160         Section 3. Except as otherwise expressly provided in this
  161  act and except for this section, which shall take effect upon
  162  this act becoming a law, this act shall take effect July 1,
  163  2023.
  164  
  165  ================= T I T L E  A M E N D M E N T ================
  166  And the title is amended as follows:
  167         Delete everything before the enacting clause
  168  and insert:
  169                        A bill to be entitled                      
  170         An act relating to the medical use of marijuana;
  171         amending s. 381.986, F.S.; requiring qualified
  172         physicians to perform in-person physical patient
  173         examinations before issuing initial physician
  174         certifications for the medical use of marijuana;
  175         authorizing such qualified physicians to perform
  176         patient examinations and evaluations through
  177         telehealth for renewals of physician certifications
  178         for the medical use of marijuana under certain
  179         circumstances; defining the term “in-person physical
  180         examination”; authorizing the Department of Health to
  181         suspend the registration of a qualified physician in
  182         the medical marijuana use registry for a specified
  183         timeframe under certain circumstances; requiring the
  184         department to issue medical marijuana treatment center
  185         licenses to certain applicants as soon as practicable;
  186         requiring the department to grant certain applicants a
  187         specified timeframe to cure cited deficiencies;
  188         requiring the department to issue a license to such
  189         applicants if the deficiencies are cured within the
  190         specified timeframe; requiring the department to issue
  191         such licenses to the estate of certain applicants
  192         under certain circumstances; requiring a specified
  193         number of available licenses to be reduced by the
  194         award of such licenses; providing effective dates.