La. Admin. Code tit. 46 § XLV-7705

Current through Register Vol. 50, No. 9, September 20, 2024

Section XLV-7705 - Definitions

A. As used in this Chapter, the following terms and phrases shall have the meanings specified.

Board-the Louisiana State Board of Medical Examiners, as established in R.S. 37:1261-1292.

Bona-Fide Physician-Patient Relationship-a relationship in which a physician:

a. has conducted at least one in-person examination at a physical practice location, or another location identified in his or her registration under this Chapter, in this state;

b. maintains a medical record in accordance with professional standards; and

c. is responsible for the ongoing assessment, care and treatment of a patient's qualifying medical condition, or a symptom of the patient's qualifying medical condition.

Consult or Consultation-as used in this Chapter, means advice or opinions provided to a physician registered with the board to recommend therapeutic marijuana, by a pediatric subspecialist regarding a patient's diagnosis of ASD and treatment with therapeutic marijuana. The consultation may be obtained in person or by telephone, telemedicine or electronic mail, provided it affords for medical/health information privacy and security. The request for and report of the consultant must be documented in the patient record of the requesting physician, who shall remain personally responsible to the patient for the primary diagnosis and any treatment provided. If the consultant's advice or opinions are not accepted by the requesting physician, the medical record should document the consultation and the reason(s) why it was not accepted.

Controlled Substance-any medication or other substance which is designated as a controlled substance and regulated as such under Louisiana or federal law or regulations.

Conventional Treatment or Conventional Medicine-therapeutic modalities and medications offered or employed by a physician in the treatment of a debilitating medical condition which are generally accepted and recognized as falling within the standard of care in the course of medical practice based upon medical training, experience and peer reviewed scientific literature.

Debilitating Medical Condition (also referred to in this Chapter as a Qualifying Medical Condition)-means any of the following:

a. cancer;

b. glaucoma;

c. Parkinson's disease;

d. positive status for human immunodeficiency virus;

e. acquired immune deficiency syndrome;

f. cachexia or wasting syndrome;

g. seizure disorders;

h. epilepsy;

i. spasticity;

j. severe muscle spasms;

k. intractable pain;

l. Crohn's disease;

m. muscular dystrophy;

n. multiple sclerosis;

o. post-traumatic stress disorder;

p. any of the following conditions associated with autism spectrum disorder (ASD); provided, however, that prior to recommending therapeutic marijuana for any condition associated with ASD to a patient under eighteen years of age, the physician shall consult with a pediatric subspecialist:

i. repetitive or self-stimulatory behavior of such severity that the physical health of the person with autism is jeopardized;

ii. avoidance of others or inability to communicate of such severity that the physical health of the person with autism is jeopardized;

iii. self-injuring behavior;

iv. physically aggressive or destructive behavior;

q. and such other diseases or conditions that may subsequently be identified as a debilitating medical condition by amendment of R.S. 40:1046 or other state law.

Intractable Pain-for purposes of this Chapter, means a pain state in which the course of the pain cannot be removed or otherwise treated with the consent of the patient and which, in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts. It is pain so chronic and severe as to otherwise warrant an opiate prescription.

Licensed Therapeutic Marijuana Pharmacy-a pharmacy located in this state that is licensed by and in good standing with the Louisiana Board of Pharmacy to provide therapeutic marijuana to a patient on the written request or recommendation of the patient's physician.

Marijuana-tetrahydrocannabinols, or a chemical derivative of tetrahydrocannabinols in any form, except for inhalation, raw or crude marijuana, as permitted by the rules and regulations of the Louisiana Board of Pharmacy (LBP). For purposes of this definition inhalation shall not exclude a form of medical marijuana administered by metered-dose inhaler to the extent permitted by LBP rules.

Medical Practice Act or the Act-R.S. 37:1261-92, as may from time-to-time be amended.

Patient-an individual who:

a. is a resident of this state;

b. has a current clinical diagnoses of a qualifying medical condition; and

c. with whom the physician has a bona-fide physician-patient relationship

Pediatric Subspecialist-an individual licensed to practice medicine in any state in the United States who provides care to patients with ASD.

Physical Practice Location in this State-a clinic or office physically located in this state where the physician spends the majority of his or her time practicing medicine.

Physician-an individual lawfully entitled to practice medicine in this state, as evidenced by a current license duly issued by the board.

Prescription Monitoring Program or PMP-the prescription monitoring program established by R.S. 40:1001 et seq., as may from time-to-time be amended.

Qualifying Medical Condition-a debilitating medical condition, as defined in this Section.

Recommend or Recommendation (also referred to in this Chapter as a written request or recommendation)-a physician's written direction transmitted in a form and manner specified in §7721 of this Chapter, to a licensed therapeutic marijuana pharmacy. The issuance of a recommendation must be in good faith and in the usual course of the physician's professional practice.

Registrant-a physician who is registered with the board to issue a written request or recommendation for the use of marijuana for therapeutic purposes.

La. Admin. Code tit. 46, § XLV-7705

Promulgated by the Department of Health and Hospitals, Board of Medical Examiners, LR 412632 (12/1/2015), Amended by the Department of Health, Board of Medical Examiners, LR 43319 (2/1/2017), Amended by the Department of Health, Board of Medical Examiners, LR 451471 (10/1/2019), Amended by the Department of Health, Board of Medical Examiners, LR 46342 (3/1/2020).

AUTHORITY NOTE: Promulgated in accordance with R.S. 37:1261-1292, 1270, and 40:1046.