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Florida Medical Marijuana Physicians Group (FMPG)





                                                   Legislative Priority Statement



          Talking Points for the Provisions of the   are approved to certify patients to use   healthcare via telehealth, so should med-  cannabis causes less sedation than opi-
        FMMPG Compassionate Care Clarification   medical marijuana are not required to   ical cannabis patients who require recer-  ates such as Vicodin or Percocet, less
                                             have any clinical knowledge of cannabis   tification. And especially since a signifi-  than benzodiazepines such as Ativan or
        Bill Which Amends s. 381.986 Medical Use
                                             medicine, nor are they required to edu-  cant number of medical cannabis   Xanax, and even less than over the
        of Marijuana                         cate the patients they certify about how   patients have mobility issues due to   counter antihistamines such as Benadryl.
                                             to use medical cannabis properly. The   severe  pain,  Multiple  Sclerosis,  If employees are permitted to take those
          1. Defining “Telehealth”           only requirement is that a qualified   Parkinson’s  Disease,  Amyotrophic  medications, they should be permitted to
          The definition proposed in the bill is   physician have knowledge of the admin-  Lateral Sclerosis or other physically   take medical cannabis. The employment
        consistent with the statutory definition   istrative rules of the statute, which is the   debilitating conditions, or may be   protection provisions would still protect
        in s. 456.47, with the addition of allowing   subject matter in the mandated course and   immunosuppressed and at risk of infec-  employers who could lose a monetary or
        audio-only telephone calls if audiovisual   test which physicians are required to com-  tion due to cancer or may have severe   licensing-related benefit under federal
        technology has been attempted and fails,   plete to become qualified to certify   anxiety when they have to leave their   law or federal regulations. It also does
        which can happen for technical reasons   patients for medical marijuana use.   home due to PTSD, it is even more   not restrict an employer from taking
        with any patient, and because of a lack of   Most patients have either no knowledge   important that medical marijuana   adverse employment action against an
        technological knowledge with senior citi-  or experience with medical cannabis use,   patients be able to receive their recertifi-  employee who is impaired by marijuana
        zens. There was an unsuccessful attempt   or only recreational knowledge or experi-  cation evaluations via telehealth.   on the job, just as they are able to take
        to amend 456.47 (SB 700) which would   ence. How are they to know how to prop-  The eligibility criteria for medical mar-  adverse employment action against an
        have lowered the standard for telehealth   erly use cannabis for medical treatment if   ijuana recertification via telehealth is   employee who is impaired by any pre-
        technology by allowing e-mails and FAX’s   they are not educated, especially if the   exactly the same as those established by   scription medication, alcohol or any
        to be considered “telehealth”. Florida   physician certifying them to use medical   the state Surgeon General in Emergency   other substance.
        medical cannabis specialists feel that a   cannabis may not possess that knowledge.   Order DOH No. 20-002: Telehealth may
        higher standard of communications—real-  Medical Marijuana Treatment Centers are   be used for recertification visits only (not   7. Establishing reciprocity for visiting
        time two-way communication between a   not required to have certified medical   for initial certification visits), and may   out of state qualifying patients and care-
        physician and patient—is needed for effec-  cannabis educators or to provide educa-  only be used if the patient has previously   givers
        tive doctor-patient communications and   tion.                            been certified (seen in person) by the   Medical marijuana is medication. For
        want to maintain that standard for medical   For a physician to certify a patient to use   qualified physician.   many people it is the only medication
        cannabis recertification visits, which is   medical marijuana without providing edu-                          they take. Florida attracted over 130 mil-
        why it is being codified in s. 381.986.   cation about the proper dose, means of   5. Waiving the fee for issuance and   lion tourists in 2019. In addition, a lot of
                                             administration, and frequency of adminis-  renewal of Registry identification cards   people come to Florida to visit relatives.
          2. Adding an additional Qualifying   tration, would be like a physician certify-  for honorably discharged military veter-  These people need to be able to get their
        Medical Condition: “A chronic medical   ing that a patient has diabetes and leaving   ans                     medication. And if they can’t, they are
        condition for which the patient has taken   it to the patient to figure out if they should   Most military veterans who seek med-  less likely to visit Florida.
        opioids or benzodiazepines”          use insulin or tablets or both, and what   ical cannabis certification are doing so   At least 7 other states recognize med-
          Opiates (prescribed for pain) and benzo-  strength, and how often to administer the   for debilitating physical or emotional   ical cannabis certifications issued by
        diazepines (prescribed for anxiety and   medication. That is not acceptable medical   injuries they sustained in the line of duty.   other states and permit these patients to
        insomnia) both reduce a person’s drive to   practice and certifying patients to use   Even if their medical condition is not   purchase medical cannabis products in
        breathe. That’s why overdoses of these   medical marijuana without education   service-related, they have served our   their state. Florida statute has a provision
        substances can result in death. Cannabis   about how to use it properly, and possibly   country and made sacrifices that very   for people from out of state who reside in
        does not reduce the drive to breathe,   not even having the knowledge to do so, is   few other Floridians have. Certain other   Florida for 31 consecutive days (Seasonal
        which is why no one has ever died from a   not acceptable medical practice either.   state initial and renewal fees are waived   Residents) to become certified to obtain
        cannabis overdose. In addition, these med-                                by the state of Florida for honorably dis-  medical cannabis, but not for people who
        ications cause a physical addiction.   4. Permitting a telehealth encounter   charged veterans by the Florida   visit for 30 days or less.
        Cannabis used in medical doses does not.   for recertification of a physician’s exist-  Department  of  Agriculture  and  The proposed reciprocity provision
          Florida, as well as rest of the country, is   ing patient               Consumer Services. Out of state tuition   would utilize the current procedure of
        working to reduce the legal and illegal use   Telehealth has been a means to provide   fees are waived at state universities, col-  patients being entered into the OMMU
        of these substances. Cannabis is very effec-  and receive healthcare for decades. Its   leges and career centers. Military veter-  Registry by a qualified physician. Having
        tive for pain, anxiety and insomnia, and   use increased exponentially as a result of   ans who have served our country honor-  an unexpired medical cannabis certifica-
        even for helping patients decrease, and in   the COVID-19 pandemic. It proved to be   ably also deserve to have the $75 annual   tion from another state would be their
        many cases completely discontinue using   an effective and efficient means to pro-  fee waived for the issuance and renewal   qualifying condition for Florida. This
        these medications to which they have   vide and receive medical care for many   of their OMMU Registry identification   could be done in advance of their visit
        become addicted. A review article pub-  medical conditions, including during the   card.                      via telehealth so that the OMMU could
        lished in July 2020 which looked at the   15 months it was used for recertification                           process their application before the visi-
        results of nine studies showed “There was   evaluations of medical marijuana   6. Establishing employment protec-  tor arrives in Florida. The visiting quali-
        a 64-75% reduction in opioid dosage when   patients, which focuses primarily on the   tion parity for medical marijuana   fying patient would be subject to the
        used in combination with medical     patient’s history rather than on their   patients with patients taking other pre-  same dosing limit as Florida residents,
        cannabis.” Florida’s medical cannabis spe-  physical examination. However, the   scription medications        prorated for their 30-day visiting patient
        cialists’ practices have also seen a reduc-  authority to perform and receive medical   When taken medically, medical   certification period.
        tion in opioid dosage, with many patients   marijuana recertification evaluations via
        being able to discontinue opioids com-  telehealth expired with the expiration of
        pletely. Florida’s opioid dispensing rate per   the Governor’s Executive Order 20-52 on
        100 in 2016 (before the medical marijua-  June 26, 2021.
        na program was established) was 66.6. It   Medicare and almost all private insur-
        went down to 45.4 in 2019 (the most   ers have recognized the value of tele-
        recent year for which the CDC published   health and continue to permit it as a
        data).                               means to provide and receive medical
                                             care. No payors, including the state of
          3. Requiring qualified physicians to   Florida, pay for medical cannabis servic-
        provide clinical education about med-  es, therefore payment authorization for
        ical marijuana to patients for whom   telehealth recertification visits is not at
        they issue a certification           issue. Because the vast majority of other
          Currently, physicians in Florida who
                                             patients are permitted to receive their

        Cannabis News Florida                                                                          cannabisnewsflorida.com                                                         September 2021                          31
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