N.J. Admin. Code § 17:30A-2.5

Current through Register Vol. 56, No. 23, December 2, 2024

Section 17:30A-2.5 - Physician certification

(a) A physician who is licensed and in good standing to practice medicine in this State and who enrolls pursuant to N.J.A.C. 17:30A-2.4is eligible to authorize the medical use of marijuana by a qualifying patient pursuant to a certification the physician issues pursuant to N.J.A.C. 13:35-7Athat contains:

1. The physician's name, address, and telephone number;

2. The physician's license number as issued by the New Jersey Board of Medical Examiners;

3. A statement that the physician is licensed and in good standing to practice medicine in this State and possesses an active controlled dangerous substances registration issued by the Division of Consumer Affairs;

4. A statement that the physician has an ongoing responsibility for the assessment, care, and treatment of the patient's debilitating medical condition;

5. The patient's name, address, and telephone number;

6. The patient's diagnosis;

7. A statement that the patient's diagnosis qualifies as a debilitating medical condition that authorizes the patient to use medicinal marijuana pursuant to N.J.S.A. 24:6I-1et seq.;

8. Written instructions to a registered qualifying patient and/or the patient's primary caregiver concerning the total amount of usable marijuana that may be dispensed to the patient, in weight, in a 30-day period, which amount shall not exceed two ounces.

i. If the physician does not specify an amount, the maximum amount that may be dispensed at one time is two ounces; and

9. The physician's certification that the physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and has documented the explanation in the patient's medical record.

i. The certification shall include the following statement:

"I have completed a comprehensive history and physical on this patient and have documented an assessment and treatment plan. I have provided education to the patient on the lack of scientific consensus for the use of medicinal marijuana, its sedative properties and the risk of addiction. The patient has provided informed consent. I will continue to follow this patient at a minimum of every three months and reassess the patient's debilitating medical condition and responses to treatment options."

(b) Prior to complying with (a) above, an enrolled physician seeking to authorize the medicinal use of marijuana by a patient who is a minor shall:

1. Obtain written confirmation from a physician trained in the care of pediatric patients establishing, in the physician's professional opinion, following review of the minor patient's medical record or examination of the minor patient, that the minor patient is likely to receive therapeutic or palliative benefits from the medical use of marijuana to treat or alleviate symptoms associated with the minor's debilitating medical condition; and

2. Explain the potential risks and benefits of the medical use of marijuana to the minor patient and to the minor patient's parent, guardian, or another person having legal custody of the minor patient. Such explanation shall be documented in the minor patient's medical record.

(c) A physician may issue multiple written instructions at one time authorizing the patient to receive a total of up to a 90-day supply, provided that the following conditions are met:

1. Each separate set of instructions shall be issued for a legitimate medical purpose by the physician, as provided in the Act and this chapter;

2. Each separate set of instructions shall indicate the earliest date on which an ATC may dispense the marijuana, except for the first dispensation if it is to be filled immediately; and

3. The physician has determined that providing the patient with multiple instructions in this manner does not create an undue risk of diversion or abuse.

(d) A physician may provide written instructions for the medical use of marijuana by electronic or other means directly to an alternative treatment center on behalf of a registered qualifying patient.

N.J. Admin. Code § 17:30A-2.5

Amended by R.2019 d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51 N.J.R. 732(a).
In the introductory paragraph of (a), substituted "enrolls" for "is registered"; and rewrote (b).