15.03.090 Issuing Certifications (Prescriptions) to Patients

(a) A practitioner who is registered under Subchapter 3, above, may issue certifications (prescriptions) to certified patients for the use of an approved medical marijuana products. Such certification shall contain:

(1) The practitioner's name, business address, telephone number and email address;

(2) The practitioner's registration number as issued by the Authority;

(3) The practitioner's Drug Enforcement Administration registration number;

(4) A statement that the practitioner is licensed and in good standing;

(5) A statement that the practitioner is registered with the Authority to issue the certification;

(6) A statement that the practitioner is caring for the patient in relation to the patient's qualifying serious condition;

(7) The patient's name, date of birth, address, telephone number and email address if available;

(8) The patient's diagnosis, limited solely to the specific severe debilitating or life- threatening condition(s) listed below;

(A) cancer;

(B) positive status for human immunodeficiency virus or acquired immune deficiency syndrome;

(D) Parkinson's disease;

(E) multiple sclerosis;

(F) damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity;

(G) epilepsy;

(H) inflammatory bowel disease;

(I) neuropathies;

(J) Huntington's disease;

(K) any severe debilitating pain that the practitioner determines degrades health and functional capability; where the patient has contraindications, has experienced intolerable side effects, or has experienced failure of one or more previously tried therapeutic options; and where there is documented medical evidence of such pain having lasted three months or more beyond onset, or the practitioner reasonably anticipates such pain to last three months or more beyond onset;

(L) post-traumatic stress disorder;

(M) pain that degrades health and functional capability where the use of medical marijuana is an alternative to opioid use, provided that the precise underlying condition is expressly stated on the patient's certification; or

(N) substance use disorder; or

(O) any other condition added by the Authority (based upon Advisory Board recommendation and Tribal Council approval).

(9) The condition or symptom that is clinically associated with, or is a complication of the severe debilitating or life-threatening condition listed in Paragraph 8, above, of this Subsection. Clinically associated conditions, symptoms or complications are limited solely to:

(A) Cachexia or wasting syndrome;

(B) severe or chronic pain resulting in substantial limitation of function;

(D) seizures;

(E) severe or persistent muscle spasms;

(F) post-traumatic stress disorder;

(G) opioid use disorder; or

(H) such other conditions, symptoms or complications as added by the Authority.

(10) A statement that by training or experience, the practitioner is qualified to treat the serious condition, which encompasses the severe debilitating or life-threatening condition listed pursuant to paragraph 8 of this subdivision and the clinically associated condition, symptom or complication listed pursuant to Paragraph 9 of this Subsection;

(11) A statement that in the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from the primary or adjunctive treatment with medical marijuana for the serious condition;

(12) Any recommendations or limitations the practitioner makes to the certified patient and/or the patient's designated caregiver concerning:

(A) the authorized brand, authorized form, administration method, dosage and any limitations in the use of the approved medical marijuana product; and

(B) the total amount of usable approved medical marijuana product that may be dispensed to the patient, in measurable controlled doses, which shall not exceed a thirty (30) day supply, if used as directed.

(13) A statement that the practitioner has explained the potential risks and benefits of the use of medical marijuana to the qualifying patient and has documented in the patient's medical record that such explanation has been provided to the patient.

(14) To the extent that a practitioner is seeking to authorize the use of an approved medical marijuana product by a patient who is under the age of eighteen or a person who is otherwise incapable of consenting to medical treatment, the practitioner shall explain the potential risks and benefits of medical marijuana to the patient's parent or legal guardian, and if appropriate, to the minor patient. The practitioner shall document in the patient's medical record that such explanation has been provided as required herein.

(15) A statement that the patient, or the patient's parent or legal guardian if applicable, has provided informed consent.

(b) The certification shall state the date upon which the certification shall expire, which shall be no longer than one year after the date it was issued, unless the patient is terminally ill. If the practitioner issues a certification to a patient who is terminally ill, the certification shall not expire until the patient's death or the practitioner revokes the certification.

(c) Practitioners shall utilize a form developed by the Authority for the certification required in this section. The practitioner shall date and place his or her handwritten signature upon the printed certification, and provide the printed certification to the patient. The practitioner shall also maintain a copy of the signed certification in the patient's medical record.

(d) Prior to issuing, modifying or renewing a certification, the practitioner shall consult available data for the purpose of reviewing a patient's controlled substance history.

(e) The Authority may add additional qualifying conditions upon the recommendation of the Advisory Board with the approval of the Tribal Council.