2023 Montana Code Annotated › Title 16. Alcohol, Tobacco, and Marijuana › Chapter 12. Marijuana Regulation and Taxation › Part 5. Medical Marijuana › 16-12-509. Written certification -- accompanying statements

16-12-509. Written certification -- accompanying statements.
(1) The written certification provided by a physician must be made on a form prescribed by the department and signed and dated by the physician. The written certification must:
(a) include the physician's name, license number, and office address and telephone number on file with the board of medical examiners and the physician's business e-mail address, if any; and
(b) the name, date of birth, and debilitating medical condition of the patient for whom the physician is providing written certification.
(2) A treating physician or referral physician who is providing written certification for a patient shall provide a statement initialed by the physician that must:
(a) confirm that the physician is:
(i) the patient's treating physician and that the patient has been under the physician's ongoing medical care as part of a bona fide professional relationship with the patient; or
(ii) the patient's referral physician;
(b) confirm that the patient suffers from a debilitating medical condition;
(c) describe the debilitating medical condition, why the condition is debilitating, and the extent to which it is debilitating;
(d) confirm that the physician has assumed primary responsibility for providing management and routine care of the patient's debilitating medical condition after obtaining a comprehensive medical history and conducting a physical examination, whether in person or, in accordance with subsection (4), through the use of telemedicine, that included a personal review of any medical records maintained by other physicians and that may have included the patient's reaction and response to conventional medical therapies;
(e) describe the medications, procedures, and other medical options used to treat the condition;
(f) confirm that the physician has reviewed all prescription and nonprescription medications and supplements used by the patient and has considered the potential drug interaction with marijuana;
(g) state that the physician has a reasonable degree of certainty that the patient's debilitating medical condition would be alleviated by the use of marijuana and that, as a result, the patient would be likely to benefit from the use of marijuana;
(h) confirm that the physician has explained the potential risks and benefits of the use of marijuana to the patient;
(i) list restrictions on the patient's activities due to the use of marijuana;
(j) specify the time period for which the use of marijuana would be appropriate, up to a maximum of 1 year;
(k) state that the physician will:
(i) continue to serve as the patient's treating physician or referral physician; and
(ii) monitor the patient's response to the use of marijuana and evaluate the efficacy of the treatment; and
(l) contain an attestation that the information provided in the written certification and accompanying statements is true and correct.
(3) A physician who is the second physician recommending marijuana for use by a minor shall submit:
(a) a statement initialed by the physician that the physician conducted a comprehensive review of the minor's medical records as maintained by the treating physician or referral physician;
(b) a statement that in the physician's professional opinion, the potential benefits of the use of marijuana would likely outweigh the health risks for the minor; and
(c) an attestation that the information provided in the written certification and accompanying statements is true and correct.
(4) A physician who is providing written certification through the use of telemedicine:
(a) shall comply with the administrative rules adopted for telemedicine by the board of medical examiners provided for in 2-15-1731; and
(b) may not use an audio-only visit unless the physician has first established a physician-patient relationship through an in-person encounter.
(5) If the written certification states that marijuana should be used for less than 1 year, the department shall issue a registry identification card that is valid for the period specified in the written certification.
(6) The department shall provide the board of medical examiners with the name of any physician who provides a written certification for 39 or more patients within any given calendar year. The board of medical examiners shall review the physician's practices in order to determine whether the practices meet the standard of care. The physician whose practices are under review shall pay the costs of the board's review activities.
History: En. Sec. 13, Ch. 576, L. 2021; amd. Sec. 7, Ch. 743, L. 2023.