Current through Register Vol. 54, No. 45, November 9, 2024
Section 1181a.27 - Issuing patient certifications(a) A practitioner may issue a patient certification to a patient if the following conditions are met: (1) The practitioner has determined, based upon a patient consultation that the patient has a serious medical condition and has included that condition in the patient's health care record.(1.1) The patient is under the practitioner's continuing care for the serious medical condition.(2) The practitioner has determined the patient is likely to receive therapeutic or palliative medical benefit from the use of medical marijuana based upon the practitioner's professional opinion and review of the following:(i) The patient's prior medical history as documented in the patient's health care records if the records are available for review.(ii) The patient's controlled substance history if the records are available in the Prescription Drug Monitoring Program.(b) Notwithstanding subsection (a), the following requirements apply: (1) A practitioner who is not Board-eligible or Board-certified in pediatrics or a pediatric specialty, neurology with special qualifications in child neurology, child and adolescent psychiatry, or adolescent medicine (whether through pediatrics, internal medicine or family practice) may not issue a patient certification to a minor patient.(2) Paragraph (1) will be effective upon the registration of a sufficient number of eligible practitioners to ensure adequate access for minor patients needing services under the act and this part based on location, serious medical condition and number of patients, specialty, and number and availability of practitioners. The Department will publish a notice in the Pennsylvania Bulletin 1 month before paragraph (1) becomes effective, stating that a sufficient number of eligible practitioners have registered to effectuate this subsection.(c) A patient certification that is issued by a practitioner must include all of the following: (1) The patient's name, home address, telephone number, date of birth and e-mail address, if available.(2) The practitioner's name, business address, telephone numbers, professional e-mail address, medical license number, area of specialty, if any, and signature.(3) The date of the patient consultation for which the patient certification is being issued.(4) The patient's specific serious medical condition.(5) A statement by the practitioner that the patient has a serious medical condition, and the patient is under the practitioner's continuing care for the condition.(6) A statement as to the length of time, not to exceed 1 year, for which the practitioner believes the use of medical marijuana by the patient would be therapeutic or palliative.(7) A statement by the practitioner that includes one of the following:(i) The recommendations, requirements or limitations as to the form or dosage of medical marijuana product.(ii) The recommendation that only a medical professional employed by the dispensary and working at the dispensary facility consult with the patient or the caregiver regarding the appropriate form and dosage of the medical marijuana product to be dispensed.(8) A statement by the practitioner that the patient is terminally ill, if applicable.(9) Other information that the practitioner believes may be relevant to the patient's use of medical marijuana products.(10) A statement that the patient is homebound or an inpatient during the time for which the patient certification is issued due to the patient's medical and physical condition and is unable to visit a dispensary to obtain medical marijuana products.(11) A statement that the practitioner has explained the potential risks and benefits of the use of medical marijuana products to the patient and has documented in the patient's health care record that the explanation has been provided to the patient and informed consent has been obtained.(12) A statement that a false statement made by the practitioner in the patient certification is punishable under the applicable provisions of 18 Pa.C.S. Chapter 49 (relating to falsification and intimidation).(d) Upon completion of a patient certification, a practitioner shall do all of the following: (1) Provide a copy of the patient certification to the patient or the patient's caregiver, if the patient is a minor, and to an adult patient's caregiver if authorized by the patient.(2) Provide the patient certification with the original signature to the Department, which may be submitted electronically.(3) File a copy of the patient certification in the patient's health care record.Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023