F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
1 A bill to be entitled
2 An act relating to cannabis regulation; amending s.
3 381.986, F.S.; revising the course and examination
4 requirements for qualified physicians and medical
5 directors; prohibiting qualified physicians from
6 engaging in certain advertising for their practices
7 relating to marijuana for medical use; providing
8 exceptions; authorizing qualified physicians to
9 perform patient examinations and evaluations through
10 telehealth for renewals of physician certifications
11 for the medical use of marijuana under certain
12 circumstances; requiring a qualified physician to
13 conduct a physical examination of each new patient
14 before conducting any examination through telehealth;
15 revising the frequency with which qualified physicians
16 must evaluate existing qualified patients for a
17 physician certification for the medical use of
18 marijuana; requiring that the physician certification
19 pattern review panel consist of at least one qualified
20 physician; revising the data that the panel is
21 required to track and report; revising the frequency
22 with which a medical marijuana use registry
23 identification card must be renewed; prohibiting the
24 Department of Health from renewing the license of a
25 medical marijuana treatment center under certain
Page 1 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
26 circumstances; prohibiting medical marijuana treatment
27 centers and certain other individuals and entities
28 from employing qualified physicians or having direct
29 or indirect economic interests in qualified physician
30 practices and medical marijuana testing laboratories;
31 authorizing the department to sample marijuana from
32 medical marijuana treatment centers for testing for
33 specified purposes; authorizing the department to
34 sample marijuana delivery devices from a dispensing
35 facility to determine safety; requiring that a medical
36 marijuana treatment center recall all marijuana,
37 rather than only edibles, under certain circumstances;
38 revising advertising requirements for medical
39 marijuana treatment centers to prohibit radio and
40 television advertising; creating the Medical Marijuana
41 Testing Advisory Council adjunct to the department ;
42 providing a purpose; requiring the department to
43 provide staff and administrative support for the
44 advisory council; providing for membership and
45 meetings of the advisory council; requiring that
46 members of the advisory council serve without
47 compensation; providing that members are not entitled
48 to reimbursement for per diem or travel expenses;
49 requiring the advisory council to submit an annual
50 report to the Governor and Legislature; requiring that
Page 2 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
51 such report be posted on the department's website;
52 authorizing the department and certain employees to
53 acquire, possess, test, transport, and dispose of
54 marijuana; amending s. 381.988, F.S.; prohibiting a
55 certified medical marijuana testing laboratory from
56 having an economic interest in or financial
57 relationship with a medical marijuana treatment
58 center; providing construction; authorizing the
59 department and certain employees to acquire, possess,
60 test, transport, and dispose of marijuana; amending s.
61 456.47, F.S.; authorizing the use of telehealth to
62 treat a qualified patient for the medical use of
63 marijuana; amending s. 581.217, F.S.; providing and
64 revising definitions; requiring hemp extract and hemp
65 extract products distributed in the state to be
66 registered with the Department of Agriculture and
67 Consumer Services; requiring the annual renewal of
68 such registration; providing registration certificate
69 application requirements; authorizing the department
70 to analyze a sample of hemp extract or hemp extract
71 product and inspect their labels to ensure compliance
72 with certain requirements; requiring the department to
73 deny registration certificate applications under
74 certain circumstances; prohibiting the sale of hemp
75 extract and hemp extract products intended for
Page 3 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
76 ingestion to persons under 21 years of age;
77 authorizing the department to make certain
78 determinations and issue final orders regarding
79 unregistered hemp extract and hemp extract products;
80 authorizing the department to issue and enforce stop-
81 sale orders and revoke or suspend the registration of
82 any hemp extract or hemp extract product under certain
83 circumstances; authorizing the department to impose a
84 certain administrative fine; reenacting ss. 893.02(3),
85 916.1085(1)(a), 944.47(1)(a), 951.22(1)(h),
86 985.711(1)(a), to incorporate the amendment made by
87 the act; providing an effective date.
88
89 Be It Enacted by the Legislature of the State of Florida:
90
91 Section 1. Paragraph (c) of subsection (3) of section
92 381.986, Florida Statutes, is redesignated as paragraph (d),
93 subsections (14) through (17) are renumbered as subsect ions (15)
94 through (18), respectively, present paragraphs (a) and (c) of
95 subsection (3), paragraphs (a), (g), and (j) of subsection (4),
96 paragraph (a) of subsection (7), and paragraphs (b), (e), and
97 (h) of subsection (8) are amended, a new paragraph (c) is added
98 to subsection (3), paragraph (i) is added to present subsection
99 (14), and a new subsection (14) is added to that section, to
100 read:
Page 4 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
101 381.986 Medical use of marijuana.—
102 (3) QUALIFIED PHYSICIANS AND MEDICAL DIRECTORS.—
103 (a) Before being approved as a qualified physician, as
104 defined in paragraph (1)(m), and before each license renewal, a
105 physician must successfully complete a 6-hour 2-hour course and
106 subsequent examination offered by the Florida Medical
107 Association or the Florida Osteopathic Medical Association which
108 address the potential health and safety risks and benefits of,
109 and the appropriate dosages for, prescribing marijuana for
110 medical use and encompass the requirements of this section and
111 any rules adopted hereunder. The course and examination shall be
112 administered at least annually and may be offered in a distance
113 learning format, including an electronic, online format that is
114 available upon request. The price of the course may not exceed
115 $500. A physician who has met the physician education
116 requirements of former s. 381.986(4), Florida Statutes 2016,
117 before June 23, 2017, shall be deemed to be in compliance with
118 this paragraph from June 23, 2017, until 90 days after the
119 course and examination required by this paragraph become
120 available.
121 (c) With respect to his or her practice relating to
122 marijuana for medical use under this section, a qualified
123 physician may not engage in radio or television advertising or
124 advertising that is visible to members of the public from any
125 street, sidewalk, park, or other public place, except:
Page 5 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
126 1. The qualified physician's practice may have a sign that
127 is affixed to the outside or hanging in the window of the
128 premises which identifies the qualified physician, a department -
129 approved practice name, or a department-approved logo. A
130 qualified physician's practice name and logo may not contain
131 wording or images commonly associated with marketing targeted
132 toward children or which promote the recreational use of
133 marijuana.
134 2. A qualified physician may engage in Internet
135 advertising and marketing for his or her practice under the
136 following conditions:
137 a. All advertisements must be approved by the department.
138 b. An advertisement may not have any content that
139 specifically targets individuals under the age of 18, including
140 cartoon characters or similar images.
141 c. An advertisement may not be an unsolicited pop -up
142 advertisement.
143 d. Opt-in marketing must include an easy and permanent
144 opt-out feature.
145 (d)(c) Before being employed as a medical director, as
146 defined in paragraph (1)(i), and before each license renewal, a
147 medical director must successfully complete a 6-hour 2-hour
148 course and subsequent examination offered by the Florida Medical
149 Association or the Florida Osteopathic Medical Association which
150 address the potential health and safety risks and benefits of,
Page 6 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
151 and the appropriate dosages for, prescribing marijuana for
152 medical use and encompass the requirements of this section and
153 any rules adopted hereunder. The course and examination shall be
154 administered at least annually and may be offered in a distance
155 learning format, including an electronic, online format that is
156 available upon request. The price of the course may not exceed
157 $500.
158 (4) PHYSICIAN CERTIFICATION.—
159 (a) A qualified physician may issue a physician
160 certification only if the qualified physician:
161 1. Conducted an a physical examination of while physically
162 present in the same room as the patient and a full assessment of
163 the medical history of the patient. For an initial
164 certification, the examination must be a physical examination
165 conducted while physically present in the same room as the
166 patient. For a certification renewal, the examination may be
167 conducted through telehealth under s. 456.47 only if such
168 examination is conducted by the same qualified physician who
169 conducted the examination for initial certification. If a
170 patient changes his or her qualified physician, the new
171 qualified physician must conduct an initial physical examination
172 of the patient while physically present in the same room before
173 conducting any examination through telehealth.
174 2. Diagnosed the patient with at least one qualifying
175 medical condition.
Page 7 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
176 3. Determined that the medical use of marijuana would
177 likely outweigh the potential health risks for the patient, and
178 such determination must be documented in the patient's medical
179 record. If a patient is younger than 18 years of age, a second
180 physician must concur with this determination, and such
181 concurrence must be documented in the patient's medical record.
182 4. Determined whether the patient is pregnant and
183 documented such determination in the patient's medical record. A
184 physician may not issue a physician certification, except for
185 low-THC cannabis, to a patient who is pregnant.
186 5. Reviewed the patient's controlled drug prescription
187 history in the prescription drug monitoring program database
188 established pursuant to s. 893.055.
189 6. Reviews the medical marijuana use registry and
190 confirmed that the patient does not have an active physician
191 certification from another qualified physician.
192 7. Registers as the issuer of the physician certification
193 for the named qualified patient on the medical marijuana use
194 registry in an electronic manner determined by the department,
195 and:
196 a. Enters into the registry the contents of the physician
197 certification, including the patient's qualifying condition and
198 the dosage not to exceed the daily dose amount determined by the
199 department, the amount and forms of marijuana authorized for the
200 patient, and any types of marijuana delivery devices needed by
Page 8 of 48
CODING: Words stricken are deletions; words underlined are additions.
hb0679-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
HB 679 2022
201 the patient for the medical use of marijuana.
202 b. Updates the registry within 7 days after any change is
203 made to the original physician certification to reflect such
204 change.
205 c. Deactivates the registration of the qualified patient
206 and the patient's caregiver when the physician no longer
207 recommends the medical use of marijuana for the patient.
208 8. Obtains the voluntary and informed written consent of
209 the patient for medical use of marijuana each time the qualified
210 physician issues a physician certification for the patient,
211 which shall be maintained in the patient's medical record. The
212 patient, or the patient's parent or legal guardian if the<