HF 4789

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/11/2024 02:15pm

A bill for an act
relating to health; modifying the definition of qualifying medical condition for
purposes of the medical cannabis registry program; amending Minnesota Statutes
2022, sections 152.22, subdivision 14; 152.27, subdivision 2; Minnesota Statutes
2023 Supplement, sections 342.01, subdivision 63; 342.53.

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

Section 1.

Minnesota Statutes 2022, 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) 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 deleted text begin or its treatment approved by the commissioner deleted text end new text begin that is
approved by a patient's health care practitioner new text end .

Sec. 2.

Minnesota Statutes 2022, 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 requires assistance in administering
medical cannabis or obtaining 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) The commissioner may add a delivery method under section 152.22, subdivision 6,
deleted text begin or add, remove, or modify a qualifying medical condition under section 152.22, subdivision
14, deleted text end upon a petition from a member of the public or the task force on medical cannabis
therapeutic research or as directed by law. deleted text begin The commissioner shall evaluate all petitions to
add a qualifying medical condition or to remove or modify an existing qualifying medical
condition submitted by the task force on medical cannabis therapeutic research or as directed
by law and may make the addition, removal, or modification if the commissioner determines
the addition, removal, or modification is warranted based on the best available evidence
and research. deleted text end If the commissioner wishes to add a delivery method under section 152.22,
subdivision 6, or add or remove 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 or removal and the reasons for its addition or removal, 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. 3.

Minnesota Statutes 2023 Supplement, section 342.01, subdivision 63, is amended
to read:

Subd. 63.

Qualifying medical condition.

"Qualifying medical condition" means a
diagnosis of any of the following conditions:

(1) Alzheimer's disease;

(2) autism spectrum disorder that meets the requirements of the fifth edition of the
Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric
Association;

(3) 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;

(4) chronic motor or vocal tic disorder;

(5) chronic pain;

(6) glaucoma;

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

(8) intractable pain as defined in section 152.125, subdivision 1, paragraph (c);

(9) obstructive sleep apnea;

(10) post-traumatic stress disorder;

(11) Tourette's syndrome;

(12) amyotrophic lateral sclerosis;

(13) seizures, including those characteristic of epilepsy;

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

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

(16) irritable bowel syndrome;

(17) obsessive-compulsive disorder;

(18) sickle cell disease;

(19) 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

(20) any other medical condition deleted text begin or its treatment approved by the office deleted text end new text begin that is approved
by a patient's health care practitioner new text end .

Sec. 4.

Minnesota Statutes 2023 Supplement, section 342.53, is amended to read:

342.53 DUTIES OF OFFICE OF CANNABIS MANAGEMENT; REGISTRY
PROGRAM.

The office may add an allowable form of medical cannabinoid product deleted text begin , and may add or
modify a qualifying medical condition upon its own initiative, deleted text end upon a petition from a member
of the public or from the Cannabis Advisory Council or as directed by law. The office must
evaluate all petitions and must make the addition or modification if the office determines
that the addition or modification is warranted by the best available evidence and research.
If the office wishes to add an allowable form or add or modify a qualifying medical condition,
the office must notify the chairs and ranking minority members of the legislative committees
and divisions with jurisdiction over health finance and policy by January 15 of the year in
which the change becomes effective. In this notification, the office must specify the proposed
addition or modification, the reasons for the addition or modification, any written comments
received by the office from the public about the addition or modification, and any guidance
received from the Cannabis Advisory Council. An addition or modification by the office
under this subdivision becomes effective on August 1 of that year unless the legislature by
law provides otherwise.