216-20-10 R.I. Code R. § 4.23

Current through April 23, 2024

Section 216-RICR-20-10-4.23 - Medical Marijuana Administration

4.23.1Requirements for All Medical Marijuana Administration to Students

A. Every school authority must develop protocols or procedures authorizing parents, parents' designees, legal guardians, and school nurses in accordance with § 4.23.2 of this Part, to administer medical marijuana to a student while the student is on school campus. The protocols or procedures must include, at a minimum, the following:

1. A requirement that the student be authorized to engage in use of medical marijuana pursuant to R.I. Gen. Laws § 21-28.6.

2. An established written process for verifying the student's medical marijuana cardholder registration and ongoing medical marijuana cardholder authorization status.

3. Written instructions for medical marijuana administration that includes:

a. The signature of the certifying physician, advanced practice nurse practitioner, or physician assistant;

b. The student's debilitating medical condition;

c. The dose of medical marijuana, including the amount of CBD and/or THC (where applicable) per dose;

d. Minimum interval between dosage; and

e. Possible side effects to be included in the student's IHCP.

4. A requirement that all medical marijuana products utilized under § 4.23 of this Part shall only be obtained from a Rhode Island licensed compassion center. All medical marijuana products utilized must be labeled with the following information:

a. The student's name;

b. The student's date of birth;

c. Dosage;

d. Ingredients of product.

5. Documentation of each dose of medical marijuana administered to a student. Documentation must include:

a. Date and time;

b. Dosage;

c. Route of administration; and

d. The signature of the parent, parents' designees, legal guardian, or school nurse who is administering the medical marijuana.

e. In the event the dosage is not administered as dictated by the instructions required under § 4.23.1(A)(2) of this Part, the reason(s) therefore must be noted.

6. Prohibition on administering medical marijuana to a student by smoking or other form of inhalation.

7. Identification of locations on the school campus where medical marijuana may be administered.

8. A written and signed statement from the student's parent or legal guardian releasing the school, and employees and volunteers of the school, from liability, except in cases of willful or wanton conduct or disregard of the criteria of the IHCP.

9. Prohibition of students handling or self-administering medical marijuana on the school campus.

10. Prohibition of student possession, use, distribution, or sale of marijuana that is inconsistent with the provisions of § 4.23 of this Part and R.I. Gen. Laws §§ 16-21-16 and 16-21-21.1.

11. A requirement that a student who is authorized to use medical marijuana shall not be considered under the influence of marijuana and not penalized pursuant to R.I. Gen. Laws §§ 16-21-16 and 16-21-21.1.

B. The provisions of § 4.23 of this Part do not apply during the time a student is engaged in a school-sponsored trip or activity outside the state of Rhode Island.

C. The school may not discipline or otherwise discriminate against a student who is administered medical marijuana and may not deny the student's eligibility to attend school solely because the student requires the administration of medical marijuana.

D. § 4.23 of this Part does not apply to FDA-approved cannabinoid medications.

E. A school is exempt from implementing the provisions of § 4.23 of this Part if the school can reasonably demonstrate that it would lose Federal funding as a result of the implementation of the provisions of § 4.23 of this Part.

4.23.2Administration of Medical Marijuana by a School Nurse

A. Pursuant to R.I. Gen. Laws § 21-28.6-4(n), a school nurse may administer medical marijuana to a student. Administration of medical marijuana to students by school nurses must follow all requirements of § 4.23.1 of this Part. Additionally:

1. All medical marijuana to be administered by the school nurse must be kept in a secured cabinet designated by the school.

2. No school nurse shall be subject to disciplinary action by the applicable Rhode Island professional licensing board solely for following an appropriate written certification to administer medical marijuana.

3. Nothing in this Part requires a school nurse to administer medical marijuana to a student, provided that the school nurse's decision not to administer medical marijuana applies to all students authorized to use medical marijuana.

a. School's whose school nurse refuses to administer medical marijuana shall make arrangements for the student to receive his or her medical marijuana during the school day.

4.23.3Administration of Medical Marijuana by Parents, Parents' Designees, and Legal Guardians

A. Administration of medical marijuana to students by parents, parents' designees, and legal guardians must follow all requirements of § 4.23.1 of this Part. Additionally:

1. Any medical marijuana taken onto the school campus by the parent, parents' designee, or legal guardian must be either:

a. Consumed/utilized in its entirety by the student; or

b. The excess medical marijuana which is not consumed/utilized by the student must be removed in its entirety from the school campus, with the exception of any disposable packaging which no longer contains medical marijuana.

216 R.I. Code R. § 216-RICR-20-10-4.23

Amended effective 4/11/2022