Recommended statutory changes to the medical marijuana program

From: Governor’s Office of Legal Counsel Department of Public Health and Environment Date: December 14, 2009 Re: Medical Marijuana: Proposed Statutory Language for Regulating the Physician-Patient Relationship 25-1.5-106. Medical marijuana program - powers and duties of department. (1) Definitions. In addition to the definitions set forth in subsection 1 of section 14 of article XVIII of the state constitution, as used in this section, the following definitions apply: (a) “Bona fide physician-patient relationship” means the following: (I) A treating or counseling relationship in the course of which a physician has completed a full assessment of the patient’s medical history and current medical condition, including a personal physical examination; (II) The physician has consulted with the patient with respect to the patient’s debilitating medical condition before the patient applies for a registry identification card; and (III) The physician provides follow up care and treatment to the patient, including but not limited to patient examinations, to determine the efficacy of the use of medical marijuana as treatment of the patient’s debilitating medical condition. (b) “In good standing” with respect to a physician’s license means the following: (I) The physician holds a doctor of medicine or doctor of osteopathic medicine degree from an accredited medical school; (II) The physician currently holds a valid, unrestricted license to practice medicine in Colorado; and (III) The physician has not had his or her department of justice federal drug enforcement administration registration for controlled substances suspended or revoked at any time. (1) (2) Rulemaking. The department shall, pursuant to section 14 of article XVIII of the state constitution, promulgate rules of administration concerning the implementation of the medical marijuana program established by such section and that specifically govern the following: (a) The establishment and maintenance of a confidential registry of patients who have applied for and are entitled to receive a registry identification card, which shall include the identity of the physician making the certification of a debilitating medical condition and which may be used to determine whether a physician should be referred to the board of medical examiners, as authorized in subparagraph (h) of this subsection; (b) The development by the department of an application form and making such form available to residents of this state seeking to be listed on the confidential registry of patients who are entitled to receive a registry identification card; See original document