SF 3089

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/15/2022 08:09am

A bill for an act
relating to health care; modifying the time period in which a patient in the medical
cannabis program must resubmit a qualifying medical condition certification;
amending Minnesota Statutes 2021 Supplement, sections 152.27, subdivision 3;
152.28, subdivision 1.

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

Section 1.

Minnesota Statutes 2021 Supplement, section 152.27, subdivision 3, is amended
to read:

Subd. 3.

Patient application.

(a) The commissioner shall develop a patient application
for enrollment into the registry program. The application shall be available to the patient
and given to health care practitioners in the state who are eligible to serve as health care
practitioners. The application must include:

(1) the name, mailing address, and date of birth of the patient;

(2) the name, mailing address, and telephone number of the patient's health care
practitioner;

(3) the name, mailing address, and date of birth of the patient's designated caregiver, if
any, or the patient's parent, legal guardian, or spouse if the parent, legal guardian, or spouse
will be acting as a caregiver;

(4) a copy of the certification from the patient's health care practitioner that is dated
within 90 days prior to submitting the application that certifies that the patient has been
diagnosed with a qualifying medical condition; and

(5) 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
paragraph (c).

(b) The commissioner shall require a patient to resubmit a copy of the certification from
the patient's health care practitioner on a deleted text begin yearly deleted text end new text begin biennial new text end basis and shall require that the
recertification be dated within 90 days of submission.

(c) The commissioner shall develop a disclosure form and require, as a condition of
enrollment, all patients to sign a copy of the disclosure. The disclosure must include:

(1) a statement that, notwithstanding any law to the contrary, the commissioner, or an
employee of any state agency, may not be held civilly or criminally liable for any injury,
loss of property, personal injury, or death caused by any act or omission while acting within
the scope of office or employment under sections 152.22 to 152.37; and

(2) the patient's acknowledgment that enrollment in the patient registry program is
conditional on the patient's agreement to meet all of the requirements of sections 152.22 to
152.37.

Sec. 2.

Minnesota Statutes 2021 Supplement, section 152.28, subdivision 1, is amended
to read:

Subdivision 1.

Health care practitioner duties.

(a) Prior to a patient's enrollment in
the registry program, 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) advise patients, registered designated caregivers, and parents, legal guardians, or
spouses who are acting as caregivers of the existence of any nonprofit patient support groups
or organizations;

(3) 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

(4) 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 deleted text begin yearly deleted text end new text begin biennial new text end 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) A health care practitioner may conduct a patient assessment to issue a recertification
as required under paragraph (b), clause (3), via telehealth, as defined in section 62A.673,
subdivision 2.

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