DHHS Rules for Physicians
Rules Governing the Maine Medical Use of Marijuana Program
10-144 CMR Chapter 122
Effective Date: August 4, 2010
Section 1. DEFINITIONS
1.26 Physician. Physician means a person licensed as an osteopathic physician by the Board of Osteopathic Licensure pursuant to 32 M.R.S.A. Chapter 36 or a person licensed as a physician or surgeon by the Board of Licensure in Medicine pursuant 32 M.R.S.A. Chapter 48 who is in good standing and who holds a valid federal Drug Enforcement Administration license to prescribe drugs.
1.27 Physician’s written certification. Physician’s written certification means a document signed by a physician stating that in the physician’s professional opinion a patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.
Section 3. DEBILITATING MEDICAL CONDITIONS
3.1 List of debilitating medical conditions. Patients with at least one of the following debilitating medical conditions may submit an application for a registry identification card for the medical use of marijuana:
3.1.1 Disease or medical condition or its treatment.
3.1.1.1 Cancer;
3.1.1.2 Glaucoma;
3.1.1.3 Positive status for human immunodeficiency virus (HIV);
3.1.1.4 Acquired immune deficiency syndrome;
3.1.1.5 Hepatitis C;
3.1.1.6 Amyotrophic lateral sclerosis;
3.1.1.7 Crohn’s disease;
3.1.1.8 Agitation of Alzheimer’s disease; or
3.1.1.9 Nail-patella syndrome.
3.1.2 Intractable pain. A chronic or debilitating disease or medical condition or its treatment that produces intractable pain. For the purposes of these rules, intractable pain means pain that has not responded to ordinary medical or surgical measures for more than 6 months.
3.1.3 Symptoms. A chronic or debilitating disease or medical condition or its treatment that produces one or more of the following symptoms:
3.1.3.1 Cachexia or wasting syndrome;
3.1.3.2 Severe nausea;
3.1.3.3 Seizures including but not limited to those characteristic of epilepsy; or
3.1.3.4 Severe and persistent muscle spasms including
3.1.3.4 Severe and persistent muscle spasms including but not limited to those characteristic of multiple sclerosis; or Maine Medical Marijuana Program Rules Section 3. Debilitating Medical Conditions Page 3-2
3.1.4 Other. Any other medical condition or its treatment that is approved by the commissioner, pursuant to Section 3.2 of these rules.
PHYSICIAN’S WRITTEN CERTIFICATION
4.5 Physician’s written certification. The patient applicant’s physician must submit directly to the department the signed department-approved physician certification form. The patient’s application is not considered complete until the department receives all required information, including the physician’s written certification.
4.5.1 The physician must follow 2-373 or 2-383, Code of Maine Rules (C.M.R.), Chapter 11, Use Of Controlled Substances In Treatment Of Pain when certifying a patient for the medical use of marijuana.
4.5.2 The physician’s written certification must be made in the course of a bona fide physician-patient relationship as indicated by the existence of an evaluation, treatment plan, periodic review and documentation and other professional principles of treatment, as described in 2-373 or 2-383, Code of Maine Rules (C.M.R.), Chapter 11, Use Of Controlled Substances In Treatment Of Pain after the physician has completed a full assessment of the patient’s medical history.
4.5.3 The physician must demonstrate that a bona fide relationship between the patient and physician exists.
4.5.4 The physician must agree to monitor the patient’s on-going need for the medical use of marijuana.
4.5.5 The physician must agree to retain and maintain records that support the decision to recommend the medical use of marijuana.
4.5.6 The physician must specify the diagnosis of the debilitating medical condition for which the medical use of marijuana is recommended, including:
4.5.6.1 A description of the ordinary medical or surgical measures for intractable pain
4.5.6.2 A description of the symptoms resulting from a chronic or debilitating disease or medical condition or its treatment that satisfies the criteria in Section 3 of these rules.
4.5.6.3 A nonbinding estimate of the length of time that the medical use of marijuana is needed for the treatment of the debilitating medical condition.
4.6 Patient decision to change certifying physician. The patient must notify the department within 10 business days of the date the patient changes physician.
4.7 Authorized conduct by a physician. A physician may provide a written certification for the medical use of marijuana under these rules and, after having done so, may otherwise state that in the physician's professional opinion a qualifying patient is likely to receive therapeutic benefit from the medical use of marijuana to treat or alleviate the patient's debilitating medical condition.
4.7.1 Nothing in these rules prevents a professional licensing board from sanctioning a physician for failing to properly evaluate or treat a patient's medical condition or otherwise violating the applicable standard of care for evaluating or treating medical conditions.
Maine Department of Health and Human Services
Division of Licensing and Regulatory Services
(207) 287-9300
1-800-791-4080
TDD 1-800-606-0215
Fax: 1-207-287-5815
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