Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 307, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                Floor: 3/F/2R          .                                
             03/04/2016 10:40 AM       .                                

       Senator Evers moved the following:
    1         Senate Amendment 
    3         Delete lines 184 - 255
    4  and insert:
    5  defined in s. 499.0295; order medical cannabis to treat a
    6  qualified patient suffering from post-traumatic stress disorder;
    7  or order a cannabis delivery device for the medical use of low
    8  THC cannabis or medical cannabis, only if the physician and all
    9  of the following conditions apply:
   10         (a)Holds an active, unrestricted license as a physician
   11  under chapter 458 or an osteopathic physician under chapter 459;
   12         (b)Has treated the patient for at least 3 months
   13  immediately preceding the patient’s registration in the
   14  compassionate use registry;
   15         (c)Has successfully completed the course and examination
   16  required under paragraph (4)(a);
   17         (a) The patient is a permanent resident of this state.
   18         (d)(b)Has determined The physician determines that the
   19  risks of treating the patient with ordering low-THC cannabis or
   20  medical cannabis are reasonable in light of the potential
   21  benefit to the for that patient. If a patient is younger than 18
   22  years of age, a second physician must concur with this
   23  determination, and such determination must be documented in the
   24  patient’s medical record;.
   25         (e)(c)The physician Registers as the orderer of low-THC
   26  cannabis or medical cannabis for the named patient on the
   27  compassionate use registry maintained by the department and
   28  updates the registry to reflect the contents of the order,
   29  including the amount of low-THC cannabis or medical cannabis
   30  that will provide the patient with not more than a 45-day supply
   31  and a cannabis delivery device needed by the patient for the
   32  medical use of low-THC cannabis or medical cannabis. The
   33  physician must also update the registry within 7 days after any
   34  change is made to the original order to reflect the change. The
   35  physician shall deactivate the registration of the patient and
   36  the patient’s legal representative patient’s registration when
   37  treatment is discontinued;.
   38         (f)(d)The physician Maintains a patient treatment plan
   39  that includes the dose, route of administration, planned
   40  duration, and monitoring of the patient’s symptoms and other
   41  indicators of tolerance or reaction to the low-THC cannabis or
   42  medical cannabis;.
   43         (g)(e)The physician Submits the patient treatment plan
   44  quarterly to the University of Florida College of Pharmacy for
   45  research on the safety and efficacy of low-THC cannabis and
   46  medical cannabis on patients;.
   47         (h)(f)The physician Obtains the voluntary written informed
   48  consent of the patient or the patient’s legal representative
   49  guardian to treatment with low-THC cannabis after sufficiently
   50  explaining the current state of knowledge in the medical
   51  community of the effectiveness of treatment of the patient’s
   52  condition with low-THC cannabis, the medically acceptable
   53  alternatives, and the potential risks and side effects;
   54         (i)Obtains written informed consent as defined in and
   55  required under s. 499.0295, if the physician is ordering medical
   56  cannabis for an eligible patient pursuant to that section; and
   57         (j)Is not a medical director employed by a dispensing
   58  organization.
   59         (3) PENALTIES.—
   60         (a) A physician commits a misdemeanor of the first degree,
   61  punishable as provided in s. 775.082 or s. 775.083, if the
   62  physician orders low-THC cannabis for a patient without a
   63  reasonable belief that the patient is suffering from:
   64         1. Cancer or a physical medical condition that chronically
   65  produces symptoms of seizures or severe and persistent muscle
   66  spasms that can be treated with low-THC cannabis; or
   67         2. Symptoms of cancer or a physical medical condition that
   68  chronically produces symptoms of seizures or severe and
   69  persistent muscle spasms that can be alleviated with low-THC
   70  cannabis.
   71         (b)A physician commits a misdemeanor of the first degree,
   72  punishable as provided in s. 775.082 or s. 775.083, if the
   73  physician orders medical cannabis for a patient without a
   74  reasonable belief that the patient has a terminal condition as
   75  defined in s. 499.0295 or suffers from post-traumatic stress
   76  disorder.
   77         (c)(b)A Any person who fraudulently represents that he or
   78  she has cancer, post-traumatic stress disorder, or a physical
   79  medical condition that chronically