HF 1812

as introduced - 89th Legislature (2015 - 2016) Posted on 03/12/2015 02:06pm

A bill for an act
relating to health; removing the commissioner of health's authority to add
qualifying medical conditions or delivery forms of medical cannabis; amending
Minnesota Statutes 2014, sections 152.22, subdivisions 6, 14; 152.27, subdivision
2; repealing Laws 2014, chapter 311, section 20.

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

Section 1.

Minnesota Statutes 2014, section 152.22, subdivision 6, is amended to read:

Subd. 6.

Medical cannabis.

"Medical cannabis" means any species of the genus
cannabis plant, or any mixture or preparation of them, including whole plant extracts
and resins, and is delivered in the form of:

(1) liquid, including, but not limited to, oil;

(2) pill; new text begin or
new text end

(3) vaporized delivery method with use of liquid or oil but which does not require
the use of dried leaves or plant form deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (4) any other method, excluding smoking, approved by the commissioner.
deleted text end

Sec. 2.

Minnesota Statutes 2014, section 152.22, subdivision 14, is amended to read:

Subd. 14.

Qualifying medical condition.

"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) Crohn's disease; new text begin or
new text end

(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 deleted text begin ; or deleted text end new text begin .
new text end

deleted text begin (10) any other medical condition or its treatment approved by the commissioner.
deleted text end

Sec. 3.

Minnesota Statutes 2014, section 152.27, subdivision 2, is amended to read:

Subd. 2.

Commissioner duties.

deleted text begin (a) deleted text end 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.

deleted text begin (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 14, 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.
deleted text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Laws 2014, chapter 311, section 20, new text end new text begin is repealed.
new text end