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2017 Maryland Code
Health - General
Title 13 - Miscellaneous Health Care Programs
Subtitle 33 - Natalie M. Laprade Medical Cannabis Commission.
§ 13-3304. Certifying providers
Universal Citation: MD Health-Gen Code § 13-3304 (2017)
- (a) Registration by Commission. -- The Commission shall register as a certifying provider an individual who:
- (1) Meets the requirements of this subtitle; and
- (2) Submits application materials that meet the requirements of this subtitle.
- (b) Proposal to Commission. -- To be registered as a certifying provider, a provider shall submit a proposal to the Commission that includes:
- (1) The reasons for including a patient under the care of the provider for the purposes of this subtitle, including the patient's qualifying medical conditions;
- (2) An attestation that a standard patient evaluation will be completed, including a history, a physical examination, a review of symptoms, and other pertinent medical information; and
- (3) The provider's plan for the ongoing assessment and follow-up care of a patient and for collecting and analyzing data.
- (c) Additional requirements not permitted. -- The Commission may not require an individual to meet requirements in addition to the requirements listed in subsections (a) and (b) of this section to be registered as a certifying provider.
- (d) Approval for certain medical conditions encouraged; limiting treatment to one class of providers prohibited. --
- (1) The Commission is encouraged to approve provider applications for the following medical conditions:
- (i) A chronic or debilitating disease or medical condition that results in a patient being admitted into hospice or receiving palliative care; or
- (ii) A chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces:
- 1. Cachexia, anorexia, or wasting syndrome;
- 2. Severe or chronic pain;
- 3. Severe nausea;
- 4. Seizures; or
- 5. Severe or persistent muscle spasms.
- (2) The Commission may not limit treatment of a particular medical condition to one class of providers.
- (1) The Commission is encouraged to approve provider applications for the following medical conditions:
- (e) Approval for other conditions permitted. -- The Commission may approve applications that include any other condition that is severe and for which other medical treatments have been ineffective if the symptoms reasonably can be expected to be relieved by the medical use of cannabis.
- (f) Gifts prohibited; permitted compensation. --
- (1) A certifying provider or the spouse of a certifying provider may not receive any gifts from or have an ownership interest in a medical cannabis grower, a processor, or a dispensary.
- (2) A certifying provider may receive compensation from a medical cannabis grower, a processor, or dispensary if the certifying provider:
- (i) Obtains the approval of the Commission before receiving the compensation; and
- (ii) Discloses the amount of compensation received from the medical cannabis grower, processor, or dispensary to the Commission.
- (g) Procedures; permitted acts. --
- (1) A qualifying patient may be a patient of the certifying provider or may be referred to the certifying provider.
- (2) A certifying provider shall provide each written certification to the Commission.
- (3) On receipt of a written certification provided under paragraph (2) of this subsection, the Commission shall issue an identification card to each qualifying patient or caregiver named in the written certification.
- (4) A certifying provider may discuss medical cannabis with a patient.
- (5)
- (i) Except as provided in subparagraph (ii) of this paragraph, a qualifying patient or caregiver may obtain medical cannabis only from a medical cannabis grower licensed by the Commission or a dispensary licensed by the Commission.
- (ii) A qualifying patient under the age of 18 years may obtain medical cannabis only through the qualifying patient's caregiver.
- (6)
- (i) A caregiver may serve no more than five qualifying patients at any time.
- (ii) A qualifying patient may have no more than two caregivers.
- (h) Biennial registration for renewal. --
- (1) A certifying provider may register biennially.
- (2) The Commission shall grant or deny a renewal of a registration for approval based on the provider's performance in complying with regulations adopted by the Commission.
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