Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS for CS for HB 387 Ì261896WÎ261896 LEGISLATIVE ACTION Senate . House . . . Floor: 1/AD/2R . Floor: C 05/03/2023 04:47 PM . 05/04/2023 03:29 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 ana physicalexamination ofwhile physically12present in the same room asthe 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.