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HF 4365

as introduced - 90th Legislature (2017 - 2018) Posted on 04/12/2018 02:33pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; authorizing visiting qualifying patients to enroll in medical
cannabis registry program; authorizing registration of nonresident designated
caregivers; establishing enrollment fees for visiting qualifying patients; amending
Minnesota Statutes 2016, sections 152.22, subdivision 14, by adding subdivisions;
152.27, subdivisions 2, 4; 152.35; proposing coding for new law in Minnesota
Statutes, chapter 152.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 152.22, is amended by adding a subdivision
to read:


new text begin Subd. 8a. new text end

new text begin Nonresident designated caregiver. new text end

new text begin "Nonresident designated caregiver" means
a person who:
new text end

new text begin (1) is at least 21 years old;
new text end

new text begin (2) does not have a conviction for a disqualifying felony offense;
new text end

new text begin (3) resides in Iowa and has been approved by the commissioner to assist a visiting
qualifying patient who has been identified by a person with authority to make such
determinations under the laws of Iowa as developmentally or physically disabled and
therefore unable to self-administer medication or acquire medical cannabis from a distribution
facility due to the disability; and
new text end

new text begin (4) is authorized by the commissioner to assist the visiting qualifying patient with the
use of medical cannabis.
new text end

Sec. 2.

Minnesota Statutes 2016, section 152.22, subdivision 14, is amended to read:


Subd. 14.

Qualifying medical condition.

new text begin (a) For patients, new text end "qualifying medical condition"
means a diagnosis of any of the following conditions:

(1) cancer, if the underlying condition or treatment produces one or more of the following:

(i) severe or chronic pain;

(ii) nausea or severe vomiting; or

(iii) cachexia or severe wasting;

(2) glaucoma;

(3) human immunodeficiency virus or acquired immune deficiency syndrome;

(4) Tourette's syndrome;

(5) amyotrophic lateral sclerosis;

(6) seizures, including those characteristic of epilepsy;

(7) severe and persistent muscle spasms, including those characteristic of multiple
sclerosis;

(8) inflammatory bowel disease, including Crohn's disease;

(9) terminal illness, with a probable life expectancy of under one year, if the illness or
its treatment produces one or more of the following:

(i) severe or chronic pain;

(ii) nausea or severe vomiting; or

(iii) cachexia or severe wasting; or

(10) any other medical condition or its treatment approved by the commissioner.

new text begin (b) For visiting qualifying patients, "qualifying medical condition" means a diagnosis
of a medical condition:
new text end

new text begin (1) that is listed in paragraph (a) or added by the commissioner according to section
152.27, subdivision 2, paragraph (b); and
new text end

new text begin (2) for which the possession and use of medical cannabis is authorized under the laws
of Iowa.
new text end

Sec. 3.

Minnesota Statutes 2016, section 152.22, is amended by adding a subdivision to
read:


new text begin Subd. 15. new text end

new text begin Visiting qualifying patient. new text end

new text begin "Visiting qualifying patient" means a person who
is a resident of Iowa and has been diagnosed with a qualifying medical condition, as that
term is defined in subdivision 14, paragraph (b), by a person with authority to make such
diagnoses under the laws of Iowa.
new text end

Sec. 4.

Minnesota Statutes 2016, section 152.27, subdivision 2, is amended to read:


Subd. 2.

Commissioner duties.

(a) The commissioner shall:

(1) give notice of the program to health care practitioners in the state who are eligible
to serve as health care practitioners and explain the purposes and requirements of the
program;

(2) allow each health care practitioner who meets or agrees to meet the program's
requirements and who requests to participate, to be included in the registry program to
collect data for the patient registry;

(3) provide explanatory information and assistance to each health care practitioner in
understanding the nature of therapeutic use of medical cannabis within program requirements;

(4) create and provide a certification to be used by a health care practitioner for the
practitioner to certify whether a patient has been diagnosed with a qualifying medical
condition and include in the certification an option for the practitioner to certify whether
the patient, in the health care practitioner's medical opinion, is developmentally or physically
disabled and, as a result of that disability, the patient is unable to self-administer medication
or acquire medical cannabis from a distribution facility;

(5) supervise the participation of the health care practitioner in conducting patient
treatment and health records reporting in a manner that ensures stringent security and
record-keeping requirements and that prevents the unauthorized release of private data on
individuals as defined by section 13.02;

(6) develop safety criteria for patients with a qualifying medical condition as a
requirement of the patient's participation in the program, to prevent the patient from
undertaking any task under the influence of medical cannabis that would constitute negligence
or professional malpractice on the part of the patient; and

(7) conduct research and studies based on data from health records submitted to the
registry program and submit reports on intermediate or final research results to the legislature
and major scientific journals. The commissioner may contract with a third party to complete
the requirements of this clause. Any reports submitted must comply with section 152.28,
subdivision 2
.

(b) If the commissioner wishes to add a delivery method under section 152.22, subdivision
6, or a qualifying medical condition under section 152.22, subdivision 14new text begin , paragraph (a)new text end ,
the commissioner must notify the chairs and ranking minority members of the legislative
policy committees having jurisdiction over health and public safety of the addition and the
reasons for its addition, including any written comments received by the commissioner from
the public and any guidance received from the task force on medical cannabis research, by
January 15 of the year in which the commissioner wishes to make the change. The change
shall be effective on August 1 of that year, unless the legislature by law provides otherwise.

Sec. 5.

Minnesota Statutes 2016, section 152.27, subdivision 4, is amended to read:


Subd. 4.

Registered designated caregivernew text begin ; nonresident designated caregivernew text end .

(a) The
commissioner shall register a designated caregiver for a patient if the patient's health care
practitioner has certified that the patient, in the health care practitioner's medical opinion,
is developmentally or physically disabled and, as a result of that disability, the patient is
unable to self-administer medication or acquire medical cannabis from a distribution facility
and the caregiver has agreed, in writing, to be the patient's designated caregiver. As a
condition of registration as a designated caregiver, the commissioner shall require the person
to:

(1) be at least 21 years of age;

(2) agree to only possess any medical cannabis for purposes of assisting the patient; and

(3) agree that if the application is approved, the person will not be a registered designated
caregiver for more than one patient, unless the patients reside in the same residence.

(b) The commissioner shall conduct a criminal background check on the designated
caregiver prior to registration to ensure that the person does not have a conviction for a
disqualifying felony offense. Any cost of the background check shall be paid by the person
seeking registration as a designated caregiver.

new text begin (c) The commissioner shall register a nonresident designated caregiver for a visiting
qualifying patient if, in the medical opinion of a person authorized under Iowa law to make
such determinations, the visiting qualifying patient is determined to be developmentally or
physically disabled and, as a result of that disability, is unable to self-administer medication
or acquire medical cannabis from a distribution facility and the caregiver has agreed, in
writing, to be the visiting qualifying patient's designated caregiver. A registered nonresident
designated caregiver is subject to the requirements for registered designated caregivers
under sections 152.22 to 152.37. The commissioner shall conduct a criminal background
check on the nonresident designated caregiver before registration to ensure that the person
does not have a conviction for a disqualifying felony offense. An applicant for registration
as a nonresident designated caregiver must submit to the commissioner a completed criminal
history records check consent form, a full set of classifiable fingerprints and photograph,
and the criminal history records check fees required by the Bureau of Criminal Apprehension
or other state or federal agency. The commissioner must complete a criminal history records
check in Minnesota and in Iowa. With the applicant's consent, the commissioner is authorized
to exchange fingerprints with the Federal Bureau of Investigation to obtain the applicant's
national criminal history record information. Any cost for the background check shall be
paid by the person seeking registration as a nonresident designated caregiver.
new text end

new text begin (d) If a nonresident designated caregiver changes the caregiver's principal place of
residence, the nonresident designated caregiver shall notify the commissioner of the change
in residence within 30 days of the change. Upon receiving notice of a change of a nonresident
designated caregiver's principal place of residence, the commissioner may require the
nonresident designated caregiver to reapply for registration under paragraph (c). A
nonresident designated caregiver is subject to a $100 fine for failure to notify the
commissioner of the change.
new text end

Sec. 6.

new text begin [152.275] VISITING QUALIFYING PATIENTS; ENROLLMENT IN
PATIENT REGISTRY PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Enrollment authorized. new text end

new text begin The commissioner is authorized to enroll visiting
qualifying patients in the registry program if the state of Iowa has enacted a law that allows
Iowa residents to:
new text end

new text begin (1) possess and use medical cannabis for treatment of a qualifying medical condition;
and
new text end

new text begin (2) enroll as a visiting qualifying patient in Minnesota.
new text end

new text begin Subd. 2. new text end

new text begin Definition. new text end

new text begin For purposes of this section, "qualifying medical condition" has
the meaning given in section 152.22, subdivision 14, paragraph (b).
new text end

new text begin Subd. 3. new text end

new text begin Application of laws. new text end

new text begin A visiting qualifying patient is afforded the same rights
and is subject to the same requirements and responsibilities as a patient enrolled in the
registry program, except as otherwise provided in sections 152.22 to 152.37.
new text end

new text begin Subd. 4. new text end

new text begin Registry program application; disclosure. new text end

new text begin (a) The commissioner shall develop
an application for visiting qualifying patients to enroll in the registry program. The application
must include:
new text end

new text begin (1) the name, mailing address, and date of birth of the visiting qualifying patient;
new text end

new text begin (2) the name, mailing address, and telephone number of the person who diagnosed the
visiting qualifying patient with a qualifying medical condition in compliance with Iowa
law;
new text end

new text begin (3) the name, mailing address, and date of birth of the visiting qualifying patient's
nonresident designated caregiver, if any, or the visiting qualifying patient's parent or legal
guardian if the parent or legal guardian will act as caregiver;
new text end

new text begin (4) a copy of the certification from the person who diagnosed the visiting qualifying
patient with a qualifying medical condition in compliance with Iowa law, dated within 90
days before submission of the application, that certifies that the visiting qualifying patient
has been diagnosed with a qualifying medical condition and, if applicable, that in the medical
opinion of a person authorized under Iowa law to make such determinations, the visiting
qualifying patient is developmentally or physically disabled and, as a result of that disability,
is unable to self-administer medication or acquire medical cannabis from a distribution
facility; and
new text end

new text begin (5) all other signed affidavits and enrollment forms required by the commissioner under
sections 152.22 to 152.37, including the disclosure form required under paragraph (b).
new text end

new text begin (b) The commissioner shall develop a disclosure form for visiting qualifying patients
and require, as a condition of enrollment, all visiting qualifying patients to sign a copy of
the disclosure. The disclosure must include:
new text end

new text begin (1) the information required in section 152.27, subdivision 3, paragraph (c); and
new text end

new text begin (2) the visiting qualifying patient's acknowledgment that if the visiting qualifying patient
leaves Minnesota for any destination other than the state of Iowa with medical cannabis
obtained in Minnesota or a medical cannabis product obtained in Minnesota, such action
may violate federal law.
new text end

new text begin Subd. 5. new text end

new text begin Procedure for enrollment of visiting qualifying patient. new text end

new text begin (a) After receipt of
a visiting qualifying patient's application, application fees, and signed disclosure, the
commissioner shall determine by inquiry to the relevant state agency in Iowa whether the
visiting qualifying patient has a qualifying medical condition under Iowa law and whether
the visiting qualifying patient is registered in Iowa for the authorized use and possession of
medical cannabis. Upon a determination by the commissioner that the visiting qualifying
patient has a qualifying medical condition under Iowa law, is registered in Iowa for the
authorized use and possession of medical cannabis, and otherwise satisfies the requirements
for visiting qualifying patients, the commissioner shall enroll the visiting qualifying patient
in the registry program and issue the visiting qualifying patient and nonresident designated
caregiver, if applicable, a registry verification. The commissioner shall approve or deny a
visiting qualifying patient's application for participation in the registry program within ten
business days after the commissioner receives the visiting qualifying patient's application
and application fees and conducts the inquiry with the relevant state agency in Iowa.
new text end

new text begin (b) A visiting qualifying patient's enrollment in the registry program shall be denied
only:
new text end

new text begin (1) for the reasons listed in section 152.27, subdivision 6, paragraph (a), clause (3), (4),
or (5);
new text end

new text begin (2) if the visiting qualifying patient does not have a certification of diagnosis of a
qualifying medical condition from the person who diagnosed the visiting qualifying patient
with a qualifying medical condition;
new text end

new text begin (3) if the visiting qualifying patient has not signed and returned the disclosure form
required under subdivision 4, paragraph (b); or
new text end

new text begin (4) if the visiting qualifying patient fails to satisfy one or more of the requirements for
enrollment in paragraph (a).
new text end

new text begin Subd. 6. new text end

new text begin Revocation of enrollment. new text end

new text begin A visiting qualifying patient's enrollment in the
registry program may be revoked only upon the death of the visiting qualifying patient, if
the visiting qualifying patient violates an applicable requirement under section 152.30 or
152.33, or if the visiting qualifying patient violates an Iowa law related to the use or
possession of medical cannabis.
new text end

new text begin Subd. 7. new text end

new text begin Notice requirements. new text end

new text begin If a visiting qualifying patient changes the patient's
principal place of residence, the visiting qualifying patient shall notify the commissioner
of the change in residence within 30 days of the change. Upon receiving notice of a change
of a visiting qualifying patient's principal place of residence, the commissioner may require
the visiting qualifying patient to submit a new application under subdivision 4. A visiting
qualifying patient is subject to a $100 fine for failure to notify the commissioner of the
change.
new text end

new text begin Subd. 8. new text end

new text begin Fees. new text end

new text begin The commissioner shall collect an enrollment fee of $200 from visiting
qualifying patients enrolled under this section. The fee is payable annually and is due on
the anniversary date of the visiting qualifying patient's enrollment. The fee amount shall be
deposited in the state treasury and credited to the state government special revenue fund.
new text end

Sec. 7.

Minnesota Statutes 2016, section 152.35, is amended to read:


152.35 FEES; DEPOSIT OF REVENUE.

(a) The commissioner shall collect an enrollment fee of $200 from patients enrolled
under this section. If the patient new text begin is a Minnesota resident and new text end attests to receiving Social
Security disability, Supplemental Security Insurance payments, or being enrolled in medical
assistance or MinnesotaCare, then the fee shall be $50. The fees shall be payable annually
and are due on the anniversary date of the patient's enrollment. The fee amount shall be
deposited in the state treasury and credited to the state government special revenue fund.

(b) The commissioner shall collect an application fee of $20,000 from each entity
submitting an application for registration as a medical cannabis manufacturer. Revenue
from the fee shall be deposited in the state treasury and credited to the state government
special revenue fund.

(c) The commissioner shall establish and collect an annual fee from a medical cannabis
manufacturer equal to the cost of regulating and inspecting the manufacturer in that year.
Revenue from the fee amount shall be deposited in the state treasury and credited to the
state government special revenue fund.

(d) A medical cannabis manufacturer may charge patients enrolled in the registry program
a reasonable fee for costs associated with the operations of the manufacturer. The
manufacturer may establish a sliding scale of patient fees based upon a patient's household
income and may accept private donations to reduce patient fees.