The Boards of Medicine and Osteopathic Medicine released two new rules today developed by the Joint committee with respect to medical cannabis. They address a newly required uniform patient consent form as well as disciplinary guidelines for the respective Boards for improper patient certifications.  Both rules became effective immediately on October 4. Make sure you start using these new consent forms today!
We are still waiting on Board rules creating a form for the “or other” conditions, which must be turned into the respective Boards within 14 days of making a patient certification for a condition not specifically listed in SB 8A. (See page 9 of SB 8A for conditions)
New rules released:
64B8ER17-1 Mandatory Standardized Informed Consent for Medical Marijuana.  Pursuant to Section 381.986, F.S., the Board has approved form DOH-MQA-5026 (8/17), entitled “Medical Marijuana Consent Form,” which is hereby incorporated by reference and available from the Board’s website at http://www.flboardofmedicine.gov/forms/medical-marijuana-consent-form.pdf, as the mandatory standardized informed consent form that a qualified physician must use each time the qualified physician issues a certification for medical marijuana to a patient he or she has diagnosed with at least one qualifying medical condition.
Rulemaking Authority 381.986 FS. Law Implemented 381.986 FS. History-New.
64B8ER17-2 (64B8-8.001) Disciplinary Guidelines.
(1) No change.
(2) Violations and Range of Penalties. In imposing discipline upon applicants and licensees, in proceedings pursuant to Sections 120.57(1) and (2), F.S., the Board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The verbal identification of offenses are descriptive only; the full language of each statutory provision cited must be consulted in order to determine the conduct included.

 

RECOMMENDED RANGE OF PENALTY

 

VIOLATION
FIRST OFFENSE
SECOND OFFENSE
THIRD OFFENSE
(a) through (sss) No change.
(ttt)  Issuing a physician certification, as defined in Section 381.986, F.S., in a manner out of compliance with the requirements of that section and the rules adopted thereunder.
(Section 458.331(1)(uu), F.S.
From probation to revocation or denial of the license and an administrative fine ranging from $1,000,00 to $5,000.00.
From suspension to revocation or denial of the license and an administrative fine ranging from $5,000.00 to $10,000.00.

 

(3) through (7) No change.

 

64B15ER17-2 (64B15-19.002) Violations and Penalties. In imposing discipline upon applicants and licensees, the board shall act in accordance with the following disciplinary guidelines and shall impose a penalty within the range corresponding to the violations set forth below. The statutory language is intended to provide a description of the violation and is not a complete statement of the violation; the complete statement may be found in the statutory provision cited directly under each violation description.

 

MINIMUM
MAXIMUM
(1)  through (81)  No change.
(82) Issuing a physician certification as defined in Section 381.986, F.S., in a manner out of compliance with the requirements of that section and the rules adopted thereunder.
(Section 459.015(1)(ww), F.S.
FIRST OFFENSE:
denial or probation and an administrative fine of $1,000.00.
denial or revocation and an administrative fine of $5,000.00.
SECOND OFFENSE:
denial or suspension and an administrative fine of $5,000.00.
denial or revocation and an administrative fine of $10,000.00.