22 §2424. Rules
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT
§2424. Rules
1. Rulemaking. The department may adopt rules to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ IB 2009, c. 1, §5 (NEW) .]
2. Adding debilitating medical conditions. The commissioner shall establish, chair and staff an advisory board consisting of at least 11 health care practitioners representing various fields of practice, including but not limited to neurology, gastroenterology, pain management, medical oncology, psychiatry, infectious disease, hospice medicine, family medicine, pediatrics, treatment of addiction and gynecology. The practitioners must be certified by a national board in their areas of specialty and knowledgeable about the medical use of marijuana. The advisory board must also include at least 2 members of the public, at least one of whom is a registered patient. The members must be chosen for appointment by the commissioner from a list proposed by the Maine Medical Association and the Maine Osteopathic Association or their successor organizations and from a list of individuals who have volunteered to serve on the advisory board. The advisory board shall:
A. Accept, review and evaluate petitions to add medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of marijuana. If a petition contains information that is confidential under section 2425, subsection 8, paragraph F, the board shall protect the confidentiality of that information; [2009, c. 631, §26 (NEW); 2009, c. 631, §51 (AFF).]
B. Convene at least once per year to conduct public hearings regarding adding medical conditions, medical treatments or diseases to the list of debilitating medical conditions that qualify for the medical use of marijuana; [2009, c. 631, §26 (NEW); 2009, c. 631, §51 (AFF).]
C. Review and recommend to the commissioner for approval additional debilitating medical conditions that would benefit from the medical use of marijuana; and [2009, c. 631, §26 (NEW); 2009, c. 631, §51 (AFF).]
D. Recommend quantities of marijuana that are necessary to constitute an adequate supply for registered patients, registered primary caregivers and registered dispensaries. [2009, c. 631, §26 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §26 (RPR); 2009, c. 631, §51 (AFF) .]
3. Registry identification cards. Not later than July 1, 2010, the department shall adopt rules governing the manner in which it considers applications for and renewals of registry identification cards for registered patients, registered caregivers, principal officers, board members and employees of dispensaries and staff of hospice providers and nursing facilities named as primary caregivers. The department's rules must establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this chapter. The department may establish a sliding scale of application and renewal fees based upon a registered patient's family income. The department may accept donations from private sources in order to reduce the application and renewal fees.
[ 2009, c. 631, §27 (AMD); 2009, c. 631, §51 (AFF) .]
SECTION HISTORY
IB 2009, c. 1, §5 (NEW). 2009, c. 631, §§26, 27 (AMD). 2009, c. 631, §51 (AFF).