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Senate Bill 109

Senate Bill 109

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Published by SenRomer

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Published by: SenRomer on Apr 27, 2010
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06/13/2010

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 H O U S E A m e n  d e  d 3 r  d R e a  d  i n g M a r c  h 3 , 2 0 1 0 H O U S E A m e n  d e  d 2 n  d R e a  d  i n g M a r c  h 1 , 2 0 1 0 S E N A T E
 3 r  d R e a  d  i n g U n a m e n  d e  d
 F e  b r u a r y 1 , 2 0 1 0 S E N A T E A m e n  d e  d 2 n  d R e a  d  i n g J a n u a r y 2 9 , 2 0 1 0
Second Regular SessionSixty-seventh General Assembly
STATE OF COLORADO
REREVISED
This Version Includes All Amendments Adopted in the Second House
LLS NO. 10-0353.03 Michael Dohr
SENATE BILL 10-109
Senate CommitteesHouse Committees
Health and Human ServicesJudiciaryAppropriationsAppropriations
A BILL FOR AN ACTC
ONCERNING REGULATION OF THE PHYSICIAN
-
PATIENT RELATIONSHIP
101
FOR MEDICAL MARIJUANA PATIENTS
AND MAKING
102
APPROPRIATIONS IN CONNECTION THEREWITH
.
103
Bill Summary
(Note: This summary applies to this bill as introduced and doesnot reflect any amendments that may be subsequently adopted. If this bill  passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://www.leg.state.co.us/billsummaries.)
Under the bill, the department of public health and environment(department) will promulgate new rules related to standards for issuingregistry identification cards, documentation for physicians who prescribemedical marijuana, and sanctions for physicians who violate the bill.
SENATE SPONSORSHIP
Romer and Spence, 
Boyd, Bacon, Hodge, Hudak, Johnston, Tapia, Tochtrop
HOUSE SPONSORSHIP
Massey and McCann, 
Rice, Frangas, McFadyen
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters indicate new material to be added to existing statute. Dashes through the words indicate deletions from existing statute.
 
A physician who certifies that a patient can use medical marijuanashall certify certain information to the department and maintain a separaterecord-keeping system for his or her medical marijuana patients. Aphysician who certifies that a patient can use medical marijuana shall notreceive remuneration from or offer it to a primary caregiver, distributor,or any other provider of medical marijuana.The bill creates a medical marijuana review board (board) that willconsider requests by nonveteran patients under 21 years of age who wantto be registered medical marijuana patients. For a patient who is under21 years of age to become a registered medical marijuana patient, amajority of the board must determine that the patient has a debilitatingmedical condition and could benefit from the use of medical marijuana.The bill adds the medical marijuana program to the list of statutesthat involve medical records.
 Be it enacted by the General Assembly of the State of Colorado:
1
SECTION 1.
25-1.5-106, Colorado Revised Statutes, is amended2to read:3
25-1.5-106. Medical marijuana program - powers and duties
4
of state health agency - medical review board - repeal.
 5(1)
Definitions.
I
N ADDITION TO THE DEFINITIONS SET FORTH IN SECTION
614
 
(1)
OF ARTICLE
XVIII
OF THE STATE CONSTITUTION
,
AS USED IN THIS
7
SECTION
,
UNLESS THE CONTEXT OTHERWISE REQUIRES
:8(a) "B
ONA FIDE PHYSICIAN
-
PATIENT RELATIONSHIP
",
FOR PURPOSES
9
OF THE MEDICAL MARIJUANA PROGRAM
,
MEANS
:10(I) A
PHYSICIAN AND A PATIENT HAVE A TREATMENT OR
11
COUNSELING RELATIONSHIP
,
IN THE COURSE OF WHICH THE PHYSICIAN HAS
12
COMPLETED A FULL ASSESSMENT OF THE PATIENT
'
S MEDICAL HISTORY AND
13
CURRENT MEDICAL CONDITION
,
INCLUDING A PERSONAL PHYSICAL
14
EXAMINATION
;15(II) T
HE PHYSICIAN HAS CONSULTED WITH THE PATIENT WITH
16
RESPECT TO THE PATIENT
'
S DEBILITATING MEDICAL CONDITION BEFORE
17109
-2-
 
THE PATIENT APPLIES FOR A REGISTRY IDENTIFICATION CARD
;
AND
1(III) T
HE PHYSICIAN IS AVAILABLE TO OR OFFERS TO PROVIDE
2
FOLLOW
-
UP CARE AND TREATMENT TO THE PATIENT
,
INCLUDING BUT NOT
3
LIMITED TO PATIENT EXAMINATIONS
,
TO DETERMINE THE EFFICACY OF THE
4
USE OF MEDICAL MARIJUANA AS A TREATMENT OF THE PATIENT
'
S
5
DEBILITATING MEDICAL CONDITION
.6(b) "E
XECUTIVE DIRECTOR
"
MEANS THE EXECUTIVE DIRECTOR OF
7
THE STATE HEALTH AGENCY
.8(c) "I
N GOOD STANDING
",
WITH RESPECT TO A PHYSICIAN
'
S
9
LICENSE
,
MEANS
:10(I) T
HE PHYSICIAN HOLDS A DOCTOR OF MEDICINE OR DOCTOR OF
11
OSTEOPATHIC MEDICINE DEGREE FROM AN ACCREDITED MEDICAL SCHOOL
;12(II) T
HE PHYSICIAN HOLDS A VALID
,
UNRESTRICTED LICENSE TO
13
PRACTICE MEDICINE IN
C
OLORADO
;
AND
14(III) T
HE PHYSICIAN HAS A VALID AND UNRESTRICTED
U
NITED
15S
TATES DEPARTMENT OF JUSTICE FEDERAL DRUG ENFORCEMENT
16
ADMINISTRATION CONTROLLED SUBSTANCES REGISTRATION
.
 
17(d) "M
EDICAL MARIJUANA PROGRAM
"
MEANS THE PROGRAM
18
ESTABLISHED BY SECTION
14
OF ARTICLE
XVIII
OF THE STATE
19
CONSTITUTION AND THIS SECTION
.20(e) "R
EGISTRY IDENTIFICATION CARD
"
MEANS THE
21
NONTRANSFERABLE CONFIDENTIAL REGISTRY IDENTIFICATION CARD
22
ISSUED BY THE STATE HEALTH AGENCY TO PATIENTS AND PRIMARY
23
CAREGIVERS PURSUANT TO THIS SECTION
.24(f) "S
TATE HEALTH AGENCY
"
MEANS THE PUBLIC HEALTH RELATED
25
ENTITY OF STATE GOVERNMENT DESIGNATED BY THE GOVERNOR BY
26
EXECUTIVE ORDER PURSUANT TO SECTION
14
OF ARTICLE
XVIII
OF THE
27109
-3-

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