Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLV - Medical Professions › Subpart 3 - Practice › Chapter 77 - Marijuana for Therapeutic Use by Patients Suffering from a Debilitating Condition › Subchapter A - General Provisions › Section XLV-7705 - Definitions

Current through Register Vol. 50, No. 6, June 20, 2024
A. As used in this
					 Chapter, the following terms and phrases shall have the meanings specified.
Board
-the Louisiana State Board of
						Medical Examiners, as established in R.S. 37:1261-1292.
Bona-Fide Physician-Patient
						Relationship
-a relationship in which a physician:
a. has conducted at least one in-person
					 examination at a physical practice location, or another location identified in
					 his or her registration under this Chapter, in this state;
b. maintains a medical record in accordance
					 with professional standards; and
c.
					 is responsible for the ongoing assessment, care and treatment of a patient's
					 qualifying medical condition, or a symptom of the patient's qualifying medical
					 condition.
Consult or Consultation
-as used in this
						Chapter, means advice or opinions provided to a physician registered with the
						board to recommend therapeutic marijuana, by a pediatric subspecialist
						regarding a patient's diagnosis of ASD and treatment with therapeutic
						marijuana. The consultation may be obtained in person or by telephone,
						telemedicine or electronic mail, provided it affords for medical/health
						information privacy and security. The request for and report of the consultant
						must be documented in the patient record of the requesting physician, who shall
						remain personally responsible to the patient for the primary diagnosis and any
						treatment provided. If the consultant's advice or opinions are not accepted by
						the requesting physician, the medical record should document the consultation
						and the reason(s) why it was not accepted.
Controlled Substance
-any medication or
						other substance which is designated as a controlled substance and regulated as
						such under Louisiana or federal law or regulations.
Conventional Treatment or Conventional
						Medicine
-therapeutic modalities and medications offered or employed by
						a physician in the treatment of a debilitating medical condition which are
						generally accepted and recognized as falling within the standard of care in the
						course of medical practice based upon medical training, experience and peer
						reviewed scientific literature.
Debilitating Medical Condition
(also
						referred to in this Chapter as a
Qualifying Medical
						Condition
)-means any of the following:
a. cancer;
b. glaucoma;
c. Parkinson's disease;
d. positive status for human immunodeficiency virus;
e. acquired immune deficiency syndrome;
f. cachexia or wasting
					 syndrome;
g. seizure
					 disorders;
h. epilepsy;
i. spasticity;
j. severe muscle spasms;
k. intractable pain;
l. Crohn's disease;
m. muscular dystrophy;
n. multiple sclerosis;
o. post-traumatic stress disorder;
p. any of the following conditions
					 associated with autism spectrum disorder (ASD); provided, however, that prior
					 to recommending therapeutic marijuana for any condition associated with ASD to
					 a patient under eighteen years of age, the physician shall consult with a
					 pediatric subspecialist:
i. repetitive or
					 self-stimulatory behavior of such severity that the physical health of the
					 person with autism is jeopardized;
ii. avoidance of others or inability to communicate of such
					 severity that the physical health of the person with autism is
					 jeopardized;
iii. self-injuring
					 behavior;
iv. physically aggressive
					 or destructive behavior;
q. and such other diseases or conditions that
					 may subsequently be identified as a debilitating medical condition by amendment
					 of
					 R.S.
					 40:1046 or other state law.
Intractable Pain
-for purposes of this
						Chapter, means a pain state in which the course of the pain cannot be removed
						or otherwise treated with the consent of the patient 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. It is
						pain so chronic and severe as to otherwise warrant an opiate
						prescription.
Licensed Therapeutic Marijuana
						Pharmacy
-a pharmacy located in this state that is licensed by and in
						good standing with the Louisiana Board of Pharmacy to provide therapeutic
						marijuana to a patient on the written request or recommendation of the
						patient's physician.
Marijuana
-tetrahydrocannabinols, or a
						chemical derivative of tetrahydrocannabinols in any form, except for
						inhalation, raw or crude marijuana, as permitted by the rules and regulations
						of the Louisiana Board of Pharmacy (LBP). For purposes of this definition
inhalation
shall not exclude a form of medical marijuana
						administered by metered-dose inhaler to the extent permitted by LBP
						rules.
Medical Practice Act
or
the
						Act
-R.S. 37:1261-92, as may from time-to-time be amended.
Patient
-an individual who:
a. is a resident of this state;
b. has a current clinical diagnoses of a
					 qualifying medical condition; and
c. with whom the physician has a bona-fide physician-patient
					 relationship
Pediatric Subspecialist
-an individual
						licensed to practice medicine in any state in the United States who provides
						care to patients with ASD.
Physical Practice Location in this
						State
-a clinic or office physically located in this state where the
						physician spends the majority of his or her time practicing medicine.
Physician
-an individual lawfully
						entitled to practice medicine in this state, as evidenced by a current license
						duly issued by the board.
Prescription Monitoring Program or
						PMP
-the prescription monitoring program established by
						R.S.
						40:1001 et seq., as may from time-to-time be
						amended.
Qualifying Medical Condition
-a
						debilitating medical condition, as defined in this Section.
Recommend or Recommendation
(also
						referred to in this Chapter as a
written request or
						recommendation
)-a physician's written direction transmitted in a form
						and manner specified in
						§7721 of this Chapter, to a licensed
						therapeutic marijuana pharmacy. The issuance of a recommendation must be in
						good faith and in the usual course of the physician's professional practice.
Registrant
-a physician who is registered
						with the board to issue a written request or recommendation for the use of
						marijuana for therapeutic purposes.