Section 21a-408-12 - Establishment of additional debilitating medical conditions, medical treatments or diseases(a) The commissioner shall not add a medical condition, medical treatment or disease to the list of debilitating medical conditions under the Act unless the appropriateness of adding the condition, treatment or disease has been considered by the board, the board has submitted a written recommendation to the commissioner in accordance with this section and the commissioner has adopted a regulation in accordance with subsection (i) of this section.(b) Persons seeking to add a medical condition, medical treatment or disease to the list of debilitating medical conditions under the Act shall submit a written petition on a form prescribed by the commissioner and request that the commissioner present the petition to the board.(c) The commissioner may deny a request to present a petition to the board if it does not include all of the information required on the form prescribed by the commissioner.(d) If a medical condition, medical treatment or disease in a petition has been previously considered and rejected by the commissioner, or is determined by the commissioner to be substantially similar to such a rejected condition, treatment or disease, the commissioner may deny the petition without first submitting it to the board unless new scientific research supporting the request is included in the petition.(e) If a written petition meets the requirements of this section, the commissioner shall refer the written petition to the board for a public hearing at the next board meeting that is at least sixty days after the date the petition was submitted and at which the board will be considering petitions.(f) At least twice per year, a quorum of the board shall conduct a public hearing to evaluate any petitions referred to it by the commissioner and to consider any other medical conditions, medical treatments or diseases that the board, on its own initiative, believes should be reviewed for possible inclusion on the list of debilitating medical conditions under the Act.(g) In addition to information provided in a petition, the board may examine scientific, medical or other evidence and research pertaining to the petition, and may gather information, in person or in writing, from other persons knowledgeable about the medical condition, medical treatment or disease being considered. (h) Following the public hearing, the board shall consider the public comments and any additional information or expertise made available to the board for each proposed debilitating medical condition considered at the hearing. The board shall issue a written recommendation to the commissioner as to whether the medical condition, medical treatment or disease should be added to the list of debilitating medical conditions that qualify for the palliative use of marijuana. The board shall include in its recommendation the following:(1) Whether the medical condition, medical treatment or disease is debilitating;(2) Whether marijuana is more likely than not to have the potential to be beneficial to treat or alleviate the debilitation associated with the medical condition, medical treatment or disease; and(3) Other matters that the board considers relevant to the approval or the denial of the petition.(i) If, after receiving the board's recommendation, which may include any dissenting or concurring opinions, the commissioner concludes that the medical condition, medical treatment or disease that was under consideration should be added to the list of debilitating medical conditions under the Act, the commissioner shall proceed to adopt regulations, in accordance with section 21a-408m of the Connecticut General Statutes and the Uniform Administrative Procedures Act, sections 4-166 to 4-189, inclusive, of the Connecticut General Statutes, expanding the list of debilitating medical conditions accordingly.Conn. Agencies Regs. § 21a-408-12
Effective September 6, 2013; amended 8/28/2018