§ 4473 - Registered patients; qualification standards and procedures
§ 4473. Registered patients; qualification standards and procedures
(a) To become a registered patient, a person must be diagnosed with a debilitating medical condition by a physician in the course of a bona fide physician-patient relationship.
(b) The department of public safety shall review applications to become a registered patient using the following procedures:
(1) A patient with a debilitating medical condition shall submit, under oath, a signed application for registration to the department. If the patient is under the age of 18, the application must be signed by both the patient and a parent or guardian. The application shall require identification and contact information for the patient and the patient's registered caregiver applying for authorization under section 4474 of this title, if any. The applicant shall attach to the application a medical verification form developed by the department pursuant to subdivision (2) of this subsection.
(2) The department of public safety shall develop a medical verification form to be completed by a physician and submitted by a patient applying for registration in the program. The form shall include:
(A) A cover sheet which includes the following:
(i) A statement of the penalties for providing false information.
(ii) Definitions of the following statutory terms:
(I) "Bona fide physician-patient relationship" as defined in subdivision 4472(1) of this title.
(II) "Debilitating medical condition" as defined in subdivision 4472(2) of this title.
(III) "Physician" as defined in subdivision 4472(4) of this title.
(B) A verification sheet which includes the following:
(i) A statement that a bona fide physician-patient relationship exists under subdivision 4472(1) of this title, or that under subdivision (3)(A) of this subsection (b), the debilitating medical condition is of recent or sudden onset, and the patient has not had a previous physician who is able to verify the nature of the disease and its symptoms.
(ii) A statement that reasonable medical efforts have been made over a reasonable amount of time without success to relieve the symptoms.
(iii) A statement that the patient has a debilitating medical condition as defined in subdivision 4472(2) of this title, including the specific disease or condition which the patient has and whether the patient meets the criteria under subdivision 4472(2)(A) or (B).
(iv) A signature line which provides in substantial part: "I certify that I meet the definition of "physician' under 18 V.S.A. § 4472(4)(A) or 4472(4)(B) (circle one), that I am a physician in good standing in the state of ............................., and that the facts stated above are accurate to the best of my knowledge and belief."
(v) The physician's contact information.
(3)(A) The department shall transmit the completed medical verification form to the physician and contact him or her for purposes of confirming the accuracy of the information contained in the form. The department may approve an application, notwithstanding the six-month requirement in subdivision 4472(1) of this title, if the department is satisfied that the medical verification form confirms that the debilitating medical condition is of recent or sudden onset and that the patient has not had a previous physician who is able to verify the nature of the disease and its symptoms.
(B) If the physician is licensed in another state as provided by subdivision 4472(4)(B) of this title, the department shall contact the state's medical practice board and verify that the physician is in good standing in that state.
(4) The department shall approve or deny the application for registration in writing within 30 days from receipt of a completed registration application. If the application is approved, the department shall issue the applicant a registration card which shall include the registered patient's name and photograph, as well as a unique identifier for law enforcement verification purposes under section 4474d of this title.
(5)(A) A review board is established. The medical practice board shall appoint three physicians licensed in Vermont to constitute the review board. If an application under subdivision (1) of this subsection is denied, within seven days the patient may appeal the denial to the board. Review shall be limited to information submitted by the patient under subdivision (1) of this subsection, and consultation with the patient's treating physician. All records relating to the appeal shall be kept confidential. An appeal shall be decided by majority vote of the members of the board.
(B) The board shall meet periodically to review studies, data, and any other information relevant to the use of marijuana for symptom relief. The board may make recommendations to the general assembly for adjustments and changes to this chapter.
(C) Members of the board shall serve for three-year terms, beginning February 1 of the year in which the appointment is made, except that the first members appointed shall serve as follows: one for a term of two years, one for a term of three years, and one for a term of four years. Members shall be entitled to per diem compensation authorized under section 1010 of Title 32. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated. (Added 2003, No. 135 (Adj. Sess.), § 1; amended 2007, No. 58, § 1.)