Chapter 360-36 LOW THC OIL
As used in these rules, the following shall mean:
| (1) |
'Board' means the Georgia Composite
Medical Board. |
| (2) |
'Department'
means the Department of Public Health. |
| (3) |
'Low THC oil' means an oil that contains
not more than 5 percent by weight of tetrahydrocannabinol and an amount of
cannabinol equal to or greater than the amount of
tetrahydrocannabinol. |
| (4) |
'Physician' means an individual licensed to practice medicine pursuant to
Article 2 of Chapter 34 of Title 43. |
| (5) |
'Registry' means the Low THC Oil Patient
Registry. |
| (6) |
'Doctor-patient
relationship' means the physician must be the patient's primary care or
specialist physician treating the patient for the specific condition requiring
treatment by Low THC oil, and must be maintaining patient records supporting
the diagnosis and treatment of the patient. |
| (7) |
'Caregiver' means the parent, guardian,
or legal custodian of an individual who is less than 18 years of age or the
legal guardian of an adult. |
| (8) |
'Condition' means for the purpose of those conditions listed in O.C.G.A.
31-2A-18(a)(3). |
| (1) |
In order to register a patient with the
Department, the physician must:
| (a) |
Hold an
active license to practice medicine in the State of Georgia; |
| (b) |
Have a doctor-patient relationship with
the patient; |
| (c) |
Have determined
that the patient has a condition that qualifies for Low THC oil under the
law; |
| (d) |
Be treating the patient
for the condition; and |
| (e) |
Have
provided the patient with a Board-approved waiver form and the patient must
have signed the form. |
|
| (2) |
The physician must provide the following information to the Department:
| (a) |
The name and address of a patient and, if
appropriate, the name and address of the patient's caregiver; |
| (b) |
The medical condition of the patient and
how long the patient has been diagnosed with the condition; |
| (c) |
Whether the patient qualifies for the use
of low THC oil under the law; |
| (d) |
The length of time the physician has been treating the patient; |
| (e) |
What other treatments has the patient had
for the condition; and |
| (f) |
Certification that the physician has a doctor-patient relationship with the
patient. |
|
| (3) |
The
physician must keep a copy of the physician certification in the patient's
medical record. |
The physician shall provide to the patient a copy of the waiver
form approved by the Board advising that the use of cannabinoids and
THC-containing products have not been approved by the FDA and the clinical
benefits are unknown and may cause harm. A signed copy of this form shall be
maintained in the patient record and shall be submitted to the Department of
Public Health along with the certification form for registration. The approved
Board form may be found at
http://dph.georgia.gov/low-thc-oil-registry.
| (1) |
Physicians certifying patients to the
Department for Low THC oil shall make semi-annual reports to the Board by
filing the report online at
http://dph.georgia.gov/low-thc-oil-registry.
The reports should be submitted within ten (10) days of the reporting period
April and October. Such reports shall require physicians to provide
information, including, but not limited to:
| (a) |
Name, address, and contact information
for the physician; |
| (b) |
Unique
patient number from the registration card; |
| (c) |
Condition being treated; |
| (d) |
Amount or concentration of THC oil
reported by the patient; |
| (e) |
Drug
interactions, if any; |
| (f) |
Adverse
effects, if any; |
| (g) |
If the
physician is still treating the patient, and if not, why; and |
| (h) |
Patient compliance with
treatment. |
|
| (2) |
Information obtained from the semi-annual reports are confidential. |
| (3) |
Physicians that are no longer seeing the
patients can notify the Board before the next semi-annual report is due by
submitting the report early in writing. |
| (4) |
Failure to submit the reports as required
herein will be reported to the Department and may affect the physician's
eligibility to participate on the registry. |
| (5) |
A physician should maintain a copy of
each semi-annual report in the patient's medical record. |
Failure to comply with the rules and regulations of the Board
is grounds for disciplinary action by the Board under O.C.G.A. Section
43-34-8.
