Attorneys for Medical Marijuana Physicians
The attorneys at Sammis Law Firm represent physicians who have become or want to become “Qualified Ordering Physicians” able to recommend Medical Marijuana to their patients in compliance with the regulations of the Florida Department of Health’s Office of Compassionate Use (OCU).
We also help physicians and the Medical Director of a Dispensing Organization understand and properly comply with the requirements of the Compassionate Use Registry. Strict compliance is important to avoid an allegation of misuse of the system by the OCU. It is expected that law enforcement officers will be using the patient’s official identification to verify the patient or their caregiver is allowed to possess medical marijuana. The system is also important so that the Dispensing Organization knows what to dispense and what to advise the patient.
The DOH has taken the position that qualifying physicians can order no more than a 45-day supply and a cannabis delivery device needed by the patient for the medical use of low-THC cannabis or medical cannabis.
If you are a physician interested in Florida’s new rules for recommending medical marijuana to patients, then call the criminal defense attorneys at Sammis Law Firm. Call (813) 250-0500 to find out more about the services we provide to help you and your staff stay in compliance with the new regulations.
The lawyers at the Sammis Law Firm in Tampa, FL, also represent clients subjected to enforcement actions initiated by law enforcement and the Florida Department of Health against patients, physicians, doctors and businesses that are accused of operating outside the regulatory structure in Florida.
Call (813) 250-0500 for a consultation today.
Rules for Physicians Ordering Medical Marijuana for Patients
The Florida Department of Health (DOH) is quickly moving through the rulemaking process to create a regulatory structure for Amendment 2. Currently, in order to qualify to order medical marijuana for patients, a physician must have an active, unrestricted license as a physician under Chapter 458, F.S., or osteopathic physician under Chapter 459, F.S.
Physicians who meet the eligibility requirements may gain access to the Compassionate Use Registry after completing the required 8-hour course and examination provided by the Florida Medical Association and the Florida Osteopathic Medical Association.
Successful completion of the course is required each time a physician renews his or her license. Physicians may only order medical marijuana for a patient if he or she has treated that patient during the 3 month period immediately preceding the order.
Patient Treatment Plans for Medical Cannabis
The ordering physician in Florida must maintain a patient treatment plan. The treatment plan must list certain information including:
- recommended dose
- route of administration
- planned duration, and
- monitoring of the patient’s symptoms and other indicators of tolerance or reaction to the order for medical cannabis or low-THC marijuana.
Our attorneys help the physician comply with the maze of regulations that require submitting the patient treatment plans for each patient quarterly to the University of Florida College of Pharmacy or at any other time the treatment plan changes.
The templates for the patient treatment plan can be found at the University of Florida College of Pharmacy.
Consent Forms for Medical Marijuana and Low-THC Cannabis
We work with physicians in Florida to develop patient consent for Medical Marijuana and Low-THC Cannabis. Section 381.986, F.S. requires physicians obtain voluntary, written informed consent from the patient, or the patient’s legal representative, to treatment with low-THC cannabis after sufficiently explaining:
- The current state of knowledge in the medical community of the effectiveness of treatment of the patient’s condition with medical marijuana and low-THC cannabis;
- The medically acceptable alternatives; and
- The potential risks and side effects.
Consent Forms for Terminal Patients
We also help physicians in Florida to develop Terminal Patient Consent pursuant to section 381.96, F.S. and section 499.0295, F.S. Under these provisions of Florida law, physicians are required to obtain written informed consent as defined in section 499.0295, F.S. from the patient, or the patient’s legal representative, for treatment with medical cannabis.
Our attorneys help the physician develop consent forms to comply with these provisions. The consent forms must provide:
- An explanation of the currently approved products and treatments for the patient’s terminal condition.
- An attestation that the patient concurs with his or her physician in believing that all currently approved products and treatments are unlikely to prolong the patient’s life.
- Identification of the specific investigational drug, biological product or device that the patient is seeking to use.
- A realistic description of the most likely outcomes of using the investigational drug, biological product, or device.
- The description must include the possibility that new, unanticipated, different, or worse symptoms might result and death could be hastened by the proposed treatment.
- The description must be based on the physician’s knowledge of the proposed treatment for the patient’s terminal condition.
- A statement that the patient’s health plan or third-party administrator and physician are not obligated to pay for care or treatment consequent to the use of the investigational drug, biological product, or device unless required to do so by law or contract.
- A statement that the patient’s eligibility for hospice care may be withdrawn if the patient begins treatment with the investigational drug, biological product, or device and that hospice care may be reinstated if the treatment ends and the patient the eligibility requirements for hospice.
- A statement that the patient understands he or she is liable for all expenses consequent to the use of the investigational drug, biological product, or device and that liability extends to the patient’s estate, unless a contract between the patient and the manufacturer of the investigational drug, biological product, or device states otherwise.
Compassionate Use Registry User’s Guide For Physician Users – Visit the website of the Florida Department of Health’s Office of Compassionate Use (OCU) to find the Physician Users’ Guide. Find information on how to log into the system, search for an existing patient, add a new patient, managing a patient, creating an order, or manager an order.
This article was last updated on Friday, February 3, 2017.