Assigned to HHS FOR
COMMITTEE
Assigned to HHS FOR
COMMITTEE
ARIZONA STATE SENATE
Fifty-Third Legislature, Second Regular Session
unlawful medical marijuana recommendation
Purpose
Establishes, as an act of unprofessional conduct for specified health professionals, intentionally or knowingly making a false statement in a written certification submitted to DHS after making a diagnosis of a patient's debilitating medical condition.
Background
In 2010, Arizona voters passed The Arizona Medical Marijuana Act (Act) requiring the Arizona Department of Health Services (DHS) to adopt and enforce a regulatory system for the distribution of marijuana that is cultivated for medical use (medical marijuana), including a system for approving, renewing and revoking the registration of qualifying patients, designated caregivers, nonprofit dispensaries and dispensary agents (A.R.S. § Title 36, Chapter 28.1).
Qualifying patients, with a written certification issued by their physician, may apply for a medical marijuana registry identification card by providing information as outlined. A designated caregiver may also apply if agreeing to be the patient's caregiver and not diverting medical marijuana to anyone who is prohibited from possessing marijuana (A.R.S. § 36-2804.02). As of December 2017, DHS reported 152,979 qualifying patients and 944 designated caregivers in Arizona (Arizona Medical Marijuana Program December 2017 Report).
A person who has been diagnosed with a debilitating medical condition by a physician is permitted to apply for a medical marijuana registry identification card by submitting an application, written certification from a physician and paying a fee to DHS (A.R.S. § 36-2804.02). Allopathic, Naturopathic, Osteopathic and Homeopathic physicians are authorized to make recommendations for a card if a patient suffers from a debilitating medical condition. Currently, it is considered an act of unprofessional conduct for a physician recommend a card for a patient who does not suffer from a debilitating medical condition (A.R.S. § 32-3215).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Establishes intentionally or knowingly making a false statement in a written certification submitted to DHS after making a diagnosis of a patient's debilitating medical condition as an act of unprofessional conduct for specified health professionals.
2. Adds that the Secretary of State must receive required annual reports that include information regarding unprofessional conduct of specified physicians and medical marijuana recommendations.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
HEALTH 2/15/18 DP 6-3-0
3rd Read 2/21/18 35-25-0
Prepared by Senate Research
March 9, 2018
CRS/lat