Florida Senate - 2021                                     SB 214
       
       
        
       By Senator Brandes
       
       
       
       
       
       24-00317A-21                                           2021214__
    1                        A bill to be entitled                      
    2         An act relating to physician certifications for the
    3         medical use of marijuana; amending s. 381.986, F.S.;
    4         increasing the number of consecutive supply limits of
    5         marijuana a qualified physician may issue in his or
    6         her physician certification for the medical use of
    7         marijuana; providing a higher supply limit for certain
    8         disabled qualified patients; revising the frequency
    9         with which qualified physicians must evaluate existing
   10         qualified patients for a physician certification for
   11         the medical use of marijuana; providing an effective
   12         date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Paragraphs (f) and (g) of subsection (4) of
   17  section 381.986, Florida Statutes, are amended to read:
   18         381.986 Medical use of marijuana.—
   19         (4) PHYSICIAN CERTIFICATION.—
   20         (f) A qualified physician may not issue a physician
   21  certification for more than five three 70-day supply limits of
   22  marijuana or more than ten six 35-day supply limits of marijuana
   23  in a form for smoking. If the qualified patient is a service
   24  disabled veteran as defined in s. 295.187(3) or a totally and
   25  permanently disabled person as defined in s. 196.012(11), a
   26  qualified physician may not issue a physician certification for
   27  more than ten 70-day supply limits of marijuana or more than
   28  twenty 35-day supply limits of marijuana in a form for smoking.
   29  The department shall quantify by rule a daily dose amount with
   30  equivalent dose amounts for each allowable form of marijuana
   31  dispensed by a medical marijuana treatment center. The
   32  department shall use the daily dose amount to calculate a 70-day
   33  supply.
   34         1. A qualified physician may request an exception to the
   35  daily dose amount limit, the 35-day supply limit of marijuana in
   36  a form for smoking, and the 4-ounce possession limit of
   37  marijuana in a form for smoking established in paragraph
   38  (14)(a). The request shall be made electronically on a form
   39  adopted by the department in rule and must include, at a
   40  minimum:
   41         a. The qualified patient’s qualifying medical condition.
   42         b. The dosage and route of administration that was
   43  insufficient to provide relief to the qualified patient.
   44         c. A description of how the patient will benefit from an
   45  increased amount.
   46         d. The minimum daily dose amount of marijuana that would be
   47  sufficient for the treatment of the qualified patient’s
   48  qualifying medical condition.
   49         2. A qualified physician must provide the qualified
   50  patient’s records upon the request of the department.
   51         3. The department shall approve or disapprove the request
   52  within 14 days after receipt of the complete documentation
   53  required by this paragraph. The request shall be deemed approved
   54  if the department fails to act within this time period.
   55         (g) A qualified physician must evaluate an existing
   56  qualified patient at least once every 52 30 weeks, or at least
   57  once every 104 weeks if the qualified patient is a service
   58  disabled veteran as defined in s. 295.187(3) or a totally and
   59  permanently disabled person as defined in s. 196.012(11), before
   60  issuing a new physician certification. A physician must:
   61         1. Determine if the patient still meets the requirements to
   62  be issued a physician certification under paragraph (a).
   63         2. Identify and document in the qualified patient’s medical
   64  records whether the qualified patient experienced either of the
   65  following related to the medical use of marijuana:
   66         a. An adverse drug interaction with any prescription or
   67  nonprescription medication; or
   68         b. A reduction in the use of, or dependence on, other types
   69  of controlled substances as defined in s. 893.02.
   70         3. Submit a report with the findings required pursuant to
   71  subparagraph 2. to the department. The department shall submit
   72  such reports to the Consortium for Medical Marijuana Clinical
   73  Outcomes Research established pursuant to s. 1004.4351.
   74         Section 2. This act shall take effect July 1, 2021.