35 Pa. Stat. § 10231.403

Current through Pa Acts 2024-53, 2024-56 through 2024-111
Section 10231.403 - Issuance of certification
(a)Conditions for issuance.--A certification to use medical marijuana may be issued by a practitioner to a patient if all of the following requirements are met:
(1) The practitioner has been approved by the department for inclusion in the registry and has a valid, unexpired, unrevoked, unsuspended Pennsylvania license to practice medicine at the time of the issuance of the certification.
(2) The practitioner has determined that the patient has a serious medical condition and has included the condition in the patient's health care record.
(3) The patient is under the practitioner's continuing care for the serious medical condition.
(4) In the practitioner's professional opinion and review of past treatments, the practitioner determines the patient is likely to receive therapeutic or palliative benefit from the use of medical marijuana.
(b)Contents.--The certification shall include:
(1) The patient's name, date of birth and address.
(2) The specific serious medical condition of the patient.
(3) A statement by the practitioner that the patient has a serious medical condition and the patient is under the practitioner's continuing care for the serious medical condition.
(4) The date of issuance.
(5) The name, address, telephone number and signature of the practitioner.
(6) Any requirement or limitation concerning the appropriate form of medical marijuana and limitation on the duration of use, if applicable, including whether the patient is terminally ill.
(c) Consultation.--A practitioner shall review the prescription drug monitoring program prior to:
(1) Issuing a certification to determine the controlled substance history of a patient.
(2) Recommending a change of amount or form of medical marijuana.
(c.1)Other access by practitioner.--A practitioner may access the prescription drug monitoring program to do any of the following:
(1) Determine whether a patient may be under treatment with a controlled substance by another physician or other person.
(2) Allow the practitioner to review the patient's controlled substance history as deemed necessary by the practitioner.
(3) Provide to the patient, or caregiver on behalf of the patient if authorized by the patient, a copy of the patient's controlled substance history.
(d)Duties of practitioner.--The practitioner shall:
(1) Provide the certification to the patient.
(2) Provide a copy of the certification to the department, which shall place the information in the patient directory within the department's electronic database. The department shall permit electronic submission of the certification.
(3) File a copy of the certification in the patient's health care record.
(e)Prohibition.--A practitioner may not issue a certification for the practitioner's own use or for the use of a family or household member.

35 P.S. § 10231.403

Added by P.L. TBD 2016 No. 16, § 403, eff. 5/17/2016.