THE SENATE	S.B. NO.	2574
TWENTY-SEVENTH LEGISLATURE, 2014		S.D. 1
STATE OF HAWAII		H.D. 1

A BILL FOR AN ACT

RELATING TO MEDICAL MARIJUANA.

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

     SECTION 1.  Section 329-126, Hawaii Revised Statutes, is amended to read as follows:

"[[]§329-126[]]  Protections afforded to a treating physician.  No physician shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient; provided that:

     (1)  The physician has diagnosed the patient as having a debilitating medical condition, as defined in section 329-121;

     (2)  The physician has explained the potential risks and benefits of the medical use of marijuana, as required under section 329-122;

     (3)  The written certification is based upon the physician's professional opinion after having completed a full assessment of the patient's medical history and current medical condition made in the course of a bona fide physician-patient relationship[; and].  In accordance with these requirements, the physician is required to:

(A) Provide a medical history for the patient;

(B) Conduct a physical examination;

(C) Review the patient's medical records, including medical records from other treating physicians from the previous twelve months;

(D) Maintain a medical record on the patient; and

(E) Follow up on and assess the patient's condition during the course of the medical marijuana therapy; and

     (4)  The physician has complied with the registration requirements of section 329-123."

SECTION 2.  Act 178, Session Laws of Hawaii 2013, is amended by amending section 4 as follows:

1.  By amending subsections (a) and (b) of section 329-123, Hawaii Revised Statutes, to read:

"(a)  Physicians who issue written certifications shall provide, in each written certification, the name, address, patient identification number, and other identifying information of the qualifying patient.  The department of health shall require, in rules adopted pursuant to chapter 91, that all written certifications comply with a designated form completed by or on behalf of a qualifying patient.  The form shall require information from the applicant, primary caregiver, and [primary care] physician as specifically required or permitted by this chapter.  The form shall require the address of the location where the marijuana is grown and shall appear on the [registry] registration card issued by the department of health.  [The certifying physician shall be required to be the qualifying patient's primary care physician.]  All current active medical marijuana permits shall be honored through their expiration date.

(b)  Qualifying patients shall register with the department of health.  The registration shall be effective until the expiration of the [certificate] registration card issued by the department of health and signed by the physician.  Every qualifying patient shall provide sufficient identifying information to establish the personal identities of the qualifying patient and the primary caregiver.  Qualifying patients shall report changes in information within ten working days.  Every qualifying patient shall have only one primary caregiver at any given time.  The department of health shall issue to the qualifying patient a registration [certificate,] card, and shall charge no more than $35 per year."

2.  By amending subsection (d) of section 329-123, Hawaii Revised Statutes, to read:

"(d)  Upon inquiry by a law enforcement agency, which inquiry may be made twenty-four hours a day, seven days a week, the department of health shall immediately verify whether the subject of the inquiry has registered with the department of health and may provide reasonable access to the [registry] registration information for official law enforcement purposes."

SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on July 1, 2050.

Report Title:

Medical Marijuana; Registration; Requirements

Description:

Makes clarifying housekeeping amendments to the registration requirements regarding the medical use of marijuana. Adds certifying physician requirements for written certification of medical marijuana use.  Effective July 1, 2050.  (SB2574 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.