Hawaii Administrative Rules › Title 11 - DEPARTMENT OF HEALTH › Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS › Chapter 160 - MEDICAL USE OF CANNABIS › Subchapter 1 - GENERAL PROVISIONS › Section 11-160-2 - Definitions

Current through June, 2024
As used in this chapter:
"Adequate supply" has the same meaning as defined in
					 section
					 329-121, HRS.
"Adequate supply for a qualifying out-of-state patient" has
					 the same meaning as defined in section
					 329-121, HRS.
"Advanced practice registered nurse" has the same meaning
					 as defined in section
					 329-121, HRS.
"Applicant" means a physician, advanced practice registered
					 nurse, qualifying patient, or primary caregiver submitting an application to
					 register or to renew the registration of a qualifying patient or primary
					 caregiver pursuant to section
					 329-123,
					 HRS.
"Bona fide advanced practice registered nurse-patient
					 relationship" means a relationship in which the advanced practice registered
					 nurse has ongoing responsibility for the assessment, care, and treatment of a
					 qualifying patient's debilitating medical condition with respect to the medical
					 use of cannabis which means:
(1) The advanced practice registered nurse has completed a
					 full assessment of the qualifying patient's medical history and current medical
					 condition, including conducting a review of the qualifying patient's medical
					 records related to the debilitating condition as medically appropriate and
					 conducting an initial in-person consultation;
(2) The advanced practice registered nurse provides follow
					 up care and treatment as medically appropriate to the qualifying patient and
					 assesses the qualifying patient's condition during the course of the qualifying
					 patient's medical use of cannabis; and
(3) The advanced practice registered nurse maintains
					 records of the qualifying patient's treatment and condition in accordance with
					 medically accepted standards; provided that the relationship may be established
					 via telehealth, as defined in section
					 457-2, HRS, only
					 after an initial in-person consultation between the advanced practice
					 registered nurse and the qualifying patient.
"Bona fide physician-patient relationship" means a
					 relationship in which the physician has ongoing responsibility for the
					 assessment, care, and treatment of a qualifying patient's debilitating medical
					 condition with respect to the medical use of cannabis which means:
(1) The physician has completed a full assessment of the
					 qualifying patient's medical history and current medical condition, including
					 conducting a review of the qualifying patient's medical records related to the
					 debilitating condition as medically appropriate and conducting an initial
					 in-person consultation;
(2) The physician provides follow up care and treatment as
					 medically appropriate to the qualifying patient and assesses the qualifying
					 patient's condition during the course of the qualifying patient's medical use
					 of cannabis; and
(3) The physician maintains records of the qualifying
					 patient's treatment and condition in accordance with medically accepted
					 standards; provided that the relationship may be established via telehealth, as
					 defined in section
					 453-1.3.(j),
					 HRS, only after an initial in-person consultation between the physician and the
					 qualifying patient.
"Cannabis" has the same meaning as defined in section
					 329-121, HRS.
"Caregiver of a qualifying out-of-state patient" has the
					 same meaning as defined in section
					 329-121, HRS.
"Certifying advanced practice registered nurse" means an
					 advanced practice registered nurse who issues a written certification for a
					 qualifying patient.
"Certifying medical provider" means the medical provider
					 who certifies or otherwise determines that a qualifying out-of-state patient
					 qualifies for the medical use of cannabis in the issuing entity's
					 jurisdiction.
"Certifying physician" means a physician who issues a
					 written certification for a qualifying patient.
"Debilitating" means impairing the ability of a person to
					 accomplish activities of daily living.
"Debilitating medical condition" has the same meaning as
					 defined in section
					 329-121, HRS, and
					 includes any other medical condition approved by the department pursuant to
					 subchapter
					 2.
"Department" means the department of health.
"Director" means the director of the department of health,
					 State of Hawaii, or the director's authorized agent.
"Effective date" means the date on which a registration for
					 the medical use of cannabis becomes effective.
"Electronic signature" means an electronic sound, symbol,
					 or process attached to or logically associated with a record and executed or
					 adopted by a person with the intent to sign the record.
"Expiration date" means the date on which a registration
					 for the medical use of cannabis expires.
"Grow site" means a specific location designated by a
					 qualifying patient to cultivate cannabis for medical use by the qualifying
					 patient and identified by a street address, tax map key number, or a sufficient
					 description to identify the physical location; provided that the department
					 shall determine which type of identifier shall be used. The grow site shall be
					 the qualifying patient's or primary caregiver's residential address or other
					 location owned or controlled by the qualifying patient or primary
					 caregiver.
"Issuing entity" means the out-of-state government entity
					 that registered or otherwise authorized a qualifying out-of-state patient for
					 the medical use of cannabis in that out-of-state jurisdiction.
"Medical use" has the same meaning as defined in section
					 329-121, HRS.
"Minor" means a person under the age of eighteen
					 years.
"Out-of-state applicant" means a qualifying out-of-state
					 patient or caregiver of a qualifying out-of-state patient applying to register
					 or to renew the registration of a qualifying out-of-state patient or caregiver
					 of a qualifying out-of-state patient pursuant to Act 116, Session Laws of
					 Hawaii 2018, section 2.
"Parent, guardian, or person having legal custody" means a
					 custodial parent or legal guardian with legal authority to make health care
					 decisions for a minor or an adult lacking legal capacity.
"Patient identification number" means the unique number on
					 the qualifying patient's valid driver's license issued by a state or territory
					 of the United States or the District of Columbia, state photo identification
					 card issued by a state or territory of the United States or the District of
					 Columbia, or current passport; provided that if the qualifying patient is a
					 minor and does not have any of these identification documents, the patient
					 identification number means the unique number on the minor's birth certificate
					 issued by a state or territory of the United States or the District of Columbia
					 or a unique number issued by the department.
"Petition" means a written request submitted pursuant to
					 section
					 11-160-7
					 that requests adding a medical condition to the list of debilitating medical
					 conditions that qualify for the medical use of cannabis.
"Physician" has the same meaning as defined in section
					 329-121, HRS.
"Primary caregiver" has the same meaning as defined in
					 section
					 329-121, HRS.
"Qualifying out-of-state patient" or "registered qualifying
					 out-of-state patient" has the same meaning as defined in section
					 329-121, HRS.
"Qualifying patient" has the same meaning as defined in
					 section
					 329-121, HRS.
"Registration card", "registry card", "registration
					 certificate'*, or "329 card" means an identification card or other document
					 issued by the department, in hard copy or electronic form, that identifies a
					 person as a registered qualifying patient, registered primary caregiver,
					 qualifying out-of-state patient, or caregiver of a qualifying out-of-state
					 patient.
"Signature" means a person's name written by the person in
					 a distinctive way as a form of identification, including an electronic
					 signature.
"Usable cannabis" has the same meaning as defined in
					 section
					 329-121, HRS.
"Written certification" has the same meaning as defined in
					 section
					 329-121,
					 HRS.