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.
