[Second Reprint]
SENATE, No. 619
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Senator DECLAN J. O'SCANLON, JR.
District 13 (Monmouth)
SYNOPSIS
Permits use of telemedicine and telehealth to authorize patients for medical cannabis and to issue written instructions for dispensing medical cannabis.
CURRENT VERSION OF TEXT
As reported by the Assembly Health Committee on March 5, 2020, with amendments.
An Act concerning medical cannabis and amending P.L.2019, c.153 and P.L.2009, c.307.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 5 of P.L.2019, c.153 (C.24:6I-5.1) is amended to read as follows:
5. a. A health care practitioner shall not be required to be listed publicly in any medical cannabis practitioner registry as a condition of authorizing patients for the medical use of cannabis.
b. No authorization for the medical use of cannabis may be issued by a health care practitioner to the practitioner's own self or to a member of the practitioner's immediate family.
c. The commission shall establish a process to allow medical cannabis to be dispensed to a patient who has been authorized for the medical use of cannabis and who has initiated the process of registering with the commission pursuant to section 4 of P.L.2009, c.307 (C.24:6I-4), but whose registration has not been completed or subject to other final action by the commission. A patient may be dispensed medical cannabis in quantities of up to a two-week supply during the pendency of the patient's registration, after which time the patient may be dispensed medical cannabis in an amount consistent with the requirements of section 10 of P.L.2009, c.307 (C.24:6I-10). The commission shall impose such restrictions on access to medical cannabis pursuant to this subsection as shall be necessary to protect against fraud, abuse, and diversion.
d. For 1a period of1 270 days following the 1effective1 date of 1[enactment of]1 P.L. , c. (C. ) (pending before the Legislature as this bill), a health care practitioner may authorize a patient who is a 1[child,]1 resident of a long-term care facility, 1[developmentally disabled] has a developmental disability1 , 1is1 terminally ill, 1is1 receiving hospice care 1through a licensed hospice care provider1 , or 1is1 housebound as certified by the patient s physician, for the medical use of cannabis 1[in the course of the health care practitioner s practice of] using1 telemedicine or telehealth. 1[Following the 270 day period after the date of enactment of P.L. , c. (C. ) (pending before the Legislature as this bill)] Thereafter,1 a health care practitioner may 2initially2 authorize any patient for the medical use of cannabis 1[in the course of the health care practitioner s practice of] using1 telemedicine or telehealth, provided that, and except in the case of a patient who is a 1[child, developmentally disabled] resident of a long-term care facility, has a developmental disability1 , 1is1 terminally ill, 1is1 receiving hospice care 1from a licensed hospice care provider1 , or 1is1 housebound 1as certified by the patient s physician1, the patient has had at least one previous in-office 1[visit] consultation1 with the health care practitioner prior to the 1[patient s authorization] practitioner authorizing the patient1 for the medical use of cannabis 1using telemedicine or telehealth1 . 2Following the initial authorization, the patient shall have at least one in-office consultation with the practitioner on an annual basis in order for the patient to receive continued authorization for the use of medical cannabis. The practitioner may require more frequent in-office consultations if additional consultations are necessary to continue to authorize the patient s use of medical cannabis.2
As used in this subsection, telehealth and telemedicine shall have the same meaning as is provided in section 1 of P.L.2017, c.117 (C.45:1-61).
(cf: P.L.2019, c.153, s.5)
2. Section 10 of P.L.2009, c.307 (C.24:6I-10) is amended to read as follows:
10. a. A health care practitioner shall provide written instructions for a registered qualifying patient or the patient's designated caregiver, or an institutional caregiver acting on behalf of the patient, to present to a medical cannabis dispensary or a clinical registrant concerning the total amount of usable cannabis that a patient may be dispensed, in weight, in a 30-day period, which amount shall not exceed the maximum amount that may be authorized for the patient pursuant to subsection f. of this section.
b. A health care practitioner may issue multiple written ins