30 Miss. Code. R. 2901-12.3

Current through December 10, 2024

Rule 30-2901-12.3 - Registration and Certification

A. Registration. Certifying practitioners must register with the Board within 30 days of receiving the unique identifier as assigned by the Mississippi Department of Health.

B. General Certification. Certifying practitioners must be authorized and registered with both the Board and the Mississippi State Department of Health to certify patients to obtain cannabis for medical use.

1) A practitioner shall not issue a written certification unless

(a) a bona fide certifying practitioner-patient relationship exists;

(b) the certifying practitioner has diagnosed the patient as having a qualifying condition after an in-person evaluation, including any necessary and appropriate diagnostic testing; and

(c) the certifying practitioner believes, in his or her professional opinion, that the patient would likely receive medical or palliative benefit from the medical use of cannabis to treat or alleviate the patient's qualifying condition or symptoms associated with that condition.

2) A certifying practitioner shall conduct the evaluation, diagnosis, and certification processes in a manner consistent with all professional and medical standards of care, and document all information related to those processes in the patient's records.

3) The diagnosis of a debilitating condition must be documented in a written certification that shall:

a) Affirm that it is made in the course of a bona fide practitioner-patient relationship;

b) Remain current for twelve (12) months, unless the certifying practitioner specifies a shorter period of time;

c) Be issued only after an in-person assessment of the patient by the certifying practitioner;

d) Only be issued on behalf of an adult, 18 years of age or older; and

e) Be limited to the allowable amount of cannabis in a thirty-day period.

B. Treatment Plan. Prior to certifying a patient, certifying practitioners must document a written treatment plan that includes:

1) Review of other measures attempted to ease the suffering caused by the qualifying condition that do not involve the recommendation of cannabis.

2) Advice about other options for managing the qualifying condition.

3) Determination that the patient may benefit from cannabis.

4) Stated goals that include the reduction of, and optimally the elimination of, controlled substances used to treat the qualifying condition.

5) Advice about the potential risks of the medical use of cannabis, to include:

(a) The risk of cannabis use disorder;

(b) Exacerbation of psychotic disorders and adverse cognitive effects;

(c) Adverse events, including falls or fractures;

(d) Use of cannabis during pregnancy or breast feeding;

(e) The need to safeguard all cannabis and cannabis-infused products from children and pets; and

(f) Notification to the patient that the cannabis is for the patient's use only and the cannabis should not be donated or otherwise supplied to another individual (i.e., diverted).

6) Additional diagnostic evaluations or other planned treatments.

7) A specific duration for the cannabis authorization for a period no longer than twelve (12) months.

8) Patients with a history of substance use disorder or a co-occurring mental health disorder may require specialized assessment and treatment. The certifying practitioner should seek consultation with, or refer the patient to, a pain management, psychiatric, addiction, or mental health specialist as needed.

9) After a certifying practitioner has issued a written certification for a patient, the Act requires the patient to make a follow-up visit with the practitioner not less than six (6) months after the date of issuance of the certification, for the practitioner to evaluate and determine the effectiveness of the patient's medical use of medical cannabis to treat or alleviate the patient's qualifying condition or symptoms associated with that condition. Should the patient fail to attend a follow-up visit as required, the certifying practitioner may not re-certify said patient until an in-person follow-up visit is conducted.

C. Pediatric and Young Adult Certifications. Only physicians (Medical Doctors [MD] or Doctor of Osteopathic Medicine [DO]) may issue written certifications to registered qualifying patients who are minors (younger than eighteen (18) years of age).

Optometrists are not allowed to certify any patient under the age of eighteen (18).

30 Miss. Code. R. 2901-12.3

Miss. Code Ann. § 73-19-9 (1972, as Adopted).

Adopted 11/21/2022