30 Miss. Code. R. 2901-12.2

Current through December 10, 2024

Rule 30-2901-12.2 - Definitions for Part 2901, Chapter 12

For the purposes of Part 2901, Chapter 12 the following terms have the meanings indicated:

A. "Bona-fide practitioner-patient relationship" means:

1) A certifying practitioner and patient have a treatment or consulting relationship, during the course of which the certifying practitioner, within his or her scope of practice, has completed an in-person assessment of the patient's medical history and current mental health and medical condition and has documented their certification in the patient's medical records;

2) The certifying practitioner has consulted in person with the patient with respect to the patient's debilitating medical condition; and

3) The certifying practitioner is available to or offers to provide follow-up care and treatment to the patient.

B. "Cannabis" means all parts of the plant of the genus cannabis, the flower, the seeds thereof, the resin extracted from any part of the plant and every compound, manufacture, salt, derivative, mixture or preparation of the plant, its seeds or its resin, including whole plant extracts. Such term shall not mean cannabis-derived drug products approved by the federal Food and Drug Administration under Section 505 of the Federal Food, Drug, and Cosmetic Act.

C. "Certifying practitioner" means any Optometrist who is licensed to prescribe under the licensing requirements set forth in the Administrative Code and the laws of this state, who maintains a current and unrestricted Mississippi optometry license, has satisfied all continuing education requirements, and who has registered with both the Mississippi Board of Optometry and the Mississippi State Department of Health to certify patients as qualifying patients.

D. "Chronic pain" means a pain state in which the cause of the pain cannot be removed or otherwise treated, and which in the generally accepted course of medical practice, no relief or cure of the cause of the pain is possible, or none has been found after reasonable efforts by the certifying practitioner.

E. "Debilitating medical condition" means:

1) Cancer, Parkinson's disease, Huntington's disease, muscular dystrophy, glaucoma, spastic quadriplegia, positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis, amyotrophic lateral sclerosis (ALS), Crohn's disease, ulcerative colitis, sickle-cell anemia, Alzheimer's disease, agitation of dementia, post-traumatic stress disorder (PTSD), autism, pain refractory to appropriate opioid management, diabetic/peripheral neuropathy, spinal cord disease or severe injury, or the treatment of these conditions;

2) A chronic, terminal or debilitating disease or medical diagnosis, or its treatment, that produces one or more of the following: cachexia or wasting syndrome, chronic pain, severe or intractable nausea, seizures, or severe and persistent muscle spasms, including, but not limited to, those characteristics of multiple sclerosis; or

3) Any other serious medical condition or its treatment added by the Mississippi Department of Health, as provided for in the act which shall be rational to the State Board of Optometry practice.

F. "Medical use" includes the acquisition, administration, cultivation, processing, delivery, harvest, possession, preparation, transfer, transportation, or use of medical cannabis or equipment relating to the administration of medical cannabis to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the patient's debilitating medical condition. The term "medical use" does not include:

1) The cultivation of cannabis unless the cultivation is done by a cannabis cultivation facility; or

2) the extraction of resin from cannabis by mechanical or chemical extraction unless the extraction is done by a cannabis processing facility.

G. "Qualifying Condition" means any condition as described in this chapter in R.12.2(E).

H. "Qualifying Patient" means a person who has been diagnosed by a certifying practitioner as having a debilitating medical condition and has been issued a written certification, or who is eligible to receive such certification, under the Act.

I. "Scope of Practice" means the defined parameters of various duties, services or activities that may be provided or performed by a certifying practitioner under state law Miss. Code Ann. § 73-19-1 and the rules and regulations adopted by the Board.

J. "Written Certification" means a form approved by the Mississippi State Department of Health, signed and dated by a certifying practitioner, certifying that a person has a debilitating medical condition, and that includes the following:

1) The date of issue and the effective date of the recommendation;

2) The patient's name, date of birth and address;

3) The practitioner's name, address, and federal Drug Enforcement Agency number; and

4) The practitioner's signature.

30 Miss. Code. R. 2901-12.2

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

Adopted 11/21/2022