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Minnesota Legislature

Office of the Revisor of Statutes

HF 1420

as introduced - 91st Legislature (2019 - 2020) Posted on 03/18/2019 10:17pm

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

Current Version - as introduced

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A bill for an act
relating to veterans; permitting veterans with certain service-connected disabilities
to participate in the medical cannabis program; amending Minnesota Statutes 2018,
sections 152.22, by adding subdivisions; 152.27, subdivision 6, by adding a
subdivision; 152.28, subdivision 1.

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

Section 1.

Minnesota Statutes 2018, section 152.22, is amended by adding a subdivision
to read:


new text begin Subd. 15. new text end

new text begin Service connected. new text end

new text begin "Service connected" means caused by an injury or disease
incurred or aggravated while on active duty as determined by the United States Department
of Veterans Affairs.
new text end

Sec. 2.

Minnesota Statutes 2018, section 152.22, is amended by adding a subdivision to
read:


new text begin Subd. 16. new text end

new text begin Veteran. new text end

new text begin "Veteran" has the meaning given in section 197.447.
new text end

Sec. 3.

Minnesota Statutes 2018, section 152.27, is amended by adding a subdivision to
read:


new text begin Subd. 3a. new text end

new text begin Veteran application. new text end

new text begin (a) The commissioner shall develop a separate patient
application for veterans to enroll into the registry program. The application shall be available
to the veteran in paper form and on the department's website. The application must include:
new text end

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

new text begin (2) the name, mailing address, and date of birth of the veteran's designated caregiver, if
any;
new text end

new text begin (3) a copy of the United States Department of Veterans Affairs disability letter or other
official document that certifies that the veteran suffers from a service-connected qualifying
medical condition that is dated within 90 days prior to submitting the application; and
new text end

new text begin (4) all other signed affidavits and enrollment forms required by the commissioner under
sections 152.22 to 152.37, including but not limited to the disclosure form required under
subdivision 3, paragraph (c), except that a veteran with a service-connected qualifying
medical condition is not required to obtain annual certification from a health care practitioner
of diagnosis with a qualifying medical condition.
new text end

new text begin (b) The commissioner shall require a veteran who is enrolled in the program to resubmit
a copy of the certification required under paragraph (a), clause (3), on a yearly basis and
shall require that the recertification be dated within 90 days of submission.
new text end

Sec. 4.

Minnesota Statutes 2018, section 152.27, subdivision 6, is amended to read:


Subd. 6.

Patient enrollment.

(a) After receipt of a patient's application, application fees,
and signed disclosure, the commissioner shall enroll the patient in the registry program and
issue the patient and patient's registered designated caregiver or parent or legal guardian, if
applicable, a registry verification. The commissioner shall approve or deny a patient's
application for participation in the registry program within 30 days after the commissioner
receives the patient's application and application fee. The commissioner may approve
applications up to 60 days after the receipt of a patient's application and application fees
until January 1, 2016. A patient's enrollment in the registry program shall only be denied
if the patient:

(1) new text beginfor a patient other than a veteran with a service-connected qualifying medical
condition,
new text enddoes not have certification from a health care practitioner that the patient has
been diagnosed with a qualifying medical condition;

(2) new text beginfor a veteran with a service-connected qualifying medical condition, has not submitted
the certification specified in subdivision 3a, paragraph (a), clause (3);
new text end

new text begin (3) new text endhas not signed and returned the disclosure form required under subdivision 3,
paragraph (c), to the commissioner;

deleted text begin (3)deleted text endnew text begin (4)new text end does not provide the information required;

deleted text begin (4)deleted text endnew text begin (5)new text end has previously been removed from the registry program for violations of section
152.30 or 152.33; or

deleted text begin (5)deleted text endnew text begin (6)new text end provides false information.

(b) The commissioner shall give written notice to a patient of the reason for denying
enrollment in the registry program.

(c) Denial of enrollment into the registry program is considered a final decision of the
commissioner and is subject to judicial review under the Administrative Procedure Act
pursuant to chapter 14.

(d) A patient's enrollment in the registry program may only be revoked upon the death
of the patient or if a patient violates a requirement under section 152.30 or 152.33.

(e) The commissioner shall develop a registry verification to provide to the patient, the
health care practitioner identified in the patient's application, and to the manufacturer. The
registry verification shall include:

(1) the patient's name and date of birth;

(2) the patient registry number assigned to the patient;

(3) the patient's qualifying medical condition as provided by the patient's health care
practitioner in the certification; and

(4) the name and date of birth of the patient's registered designated caregiver, if any, or
the name of the patient's parent or legal guardian if the parent or legal guardian will be
acting as a caregiver.

Sec. 5.

Minnesota Statutes 2018, section 152.28, subdivision 1, is amended to read:


Subdivision 1.

Health care practitioner duties.

(a) Prior to deleted text begina patient'sdeleted text endnew text begin thenew text end enrollment
in the registry programnew text begin of a patient other than a veteran with a service-connected qualifying
medical condition
new text end, a health care practitioner shall:

(1) determine, in the health care practitioner's medical judgment, whether a patient suffers
from a qualifying medical condition, and, if so determined, provide the patient with a
certification of that diagnosis;

(2) determine whether a patient 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, if so determined, include that determination on
the patient's certification of diagnosis;

(3) advise patients, registered designated caregivers, and parents or legal guardians who
are acting as caregivers of the existence of any nonprofit patient support groups or
organizations;

(4) provide explanatory information from the commissioner to patients with qualifying
medical conditions, including disclosure to all patients about the experimental nature of
therapeutic use of medical cannabis; the possible risks, benefits, and side effects of the
proposed treatment; the application and other materials from the commissioner; and provide
patients with the Tennessen warning as required by section 13.04, subdivision 2; and

(5) agree to continue treatment of the patient's qualifying medical condition and report
medical findings to the commissioner.

(b) Upon notification from the commissioner of the patient's enrollment in the registry
program, the health care practitioner shall:

(1) participate in the patient registry reporting system under the guidance and supervision
of the commissioner;

(2) report health records of the patient throughout the ongoing treatment of the patient
to the commissioner in a manner determined by the commissioner and in accordance with
subdivision 2;

(3) determine, on a yearly basis, if the patient continues to suffer from a qualifying
medical condition and, if so, issue the patient a new certification of that diagnosis; and

(4) otherwise comply with all requirements developed by the commissioner.

(c) Nothing in this section requires a health care practitioner to participate in the registry
program.