HB-4834, As Passed House, May 3, 2012

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4834

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 2008 IL 1, entitled

 

"Michigan medical marihuana act,"

 

by amending section 6 (MCL 333.26426).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     6. Administering the Department's Rules.

 

     Sec. 6. (a) The department shall issue registry identification

 

cards to qualifying patients who submit the following, in

 

accordance with the department's rules:

 

     (1) A written certification;

 

     (2) Application or renewal fee;

 

     (3) Name, address, and date of birth of the qualifying

 

patient, except that if the applicant is homeless, no address is

 

required;

 

     (4) Name, address, and telephone number of the qualifying

 

patient's physician;


 

     (5) Name, address, and date of birth of the qualifying

 

patient's primary caregiver, if any; and

 

     (6) If the qualifying patient designates a primary caregiver,

 

a designation as to whether the qualifying patient or primary

 

caregiver will be allowed under state law to possess marihuana

 

plants for the qualifying patient's medical use.

 

     (7) Two identical, 2-inch by 2-inch, color photographs that

 

show the applicant's current appearance and meet all of the

 

following specifications:

 

     (A) The picture is a full-face, front view against a plain,

 

white or off-white background.

 

     (B) The applicant's head measures between 1 inch and 1-3/8

 

inches from the bottom of the chin to the top of the head.

 

     (C) The applicant's hair or hairline is not obscured by a hat

 

or headgear.

 

     (D) The applicant is not wearing dark or nonprescription

 

glasses, unless medically necessary.

 

     (8) If the qualifying patient designates a primary caregiver,

 

2 identical, 2-inch by 2-inch, color photographs that show the

 

primary caregiver's current appearance and meet all of the

 

following specifications:

 

     (A) The photograph is a full-face, front view against a plain,

 

white, or off-white background.

 

     (B) The primary caregiver's head measures between 1 inch and

 

1-3/8 inches from the bottom of the chin to the top of the head.

 

     (C) The primary caregiver's hair or hairline is not obscured

 

by a hat or headgear.


 

     (D) The primary caregiver is not wearing dark or

 

nonprescription glasses, unless medically necessary.

 

     (b) The department shall not issue a registry identification

 

card to a qualifying patient who is under the age of 18 unless:

 

     (1) The qualifying patient's physician has explained the

 

potential risks and benefits of the medical use of marihuana to the

 

qualifying patient and to his or her parent or legal guardian;

 

     (2) The qualifying patient's parent or legal guardian submits

 

a written certification from 2 physicians; and

 

     (3) The qualifying patient's parent or legal guardian consents

 

in writing to:

 

     (A) Allow the qualifying patient's medical use of marihuana;

 

     (B) Serve as the qualifying patient's primary caregiver; and

 

     (C) Control the acquisition of the marihuana, the dosage, and

 

the frequency of the medical use of marihuana by the qualifying

 

patient.

 

     (c) The department shall verify the information contained in

 

an application or renewal submitted pursuant to this section, and

 

shall approve or deny an application or renewal within 15 days of

 

receiving it. The department may deny an application or renewal

 

only if the applicant did not provide the information required

 

pursuant to this section, or if the department determines that the

 

information provided was falsified. Rejection of an application or

 

renewal is considered a final department action, subject to

 

judicial review. Jurisdiction and venue for judicial review are

 

vested in the circuit court for the county of Ingham.

 

     (d) The department shall issue a registry identification card


 

to the primary caregiver, if any, who is named in a qualifying

 

patient's approved application; provided that each qualifying

 

patient can have no more than 1 primary caregiver, and a primary

 

caregiver may assist no more than 5 qualifying patients with their

 

medical use of marihuana.

 

     (e) The department shall issue registry identification cards

 

within 5 days of approving an application or renewal, which shall

 

expire 1 year 2 years after the date of issuance. Registry

 

identification cards shall contain all of the following:

 

     (1) Name, address, and date of birth of the qualifying

 

patient.

 

     (2) Name, address, and date of birth of the primary caregiver,

 

if any, of the qualifying patient.

 

     (3) The date of issuance and expiration date of the registry

 

identification card.

 

     (4) A random identification number.

 

     (5) A photograph , if the department requires 1 by rule.as

 

described in subsection (a)(7) for a patient registry

 

identification card or as described in subsection (a)(8) for a

 

caregiver registry identification card.

 

     (6) A clear designation showing whether the primary caregiver

 

or the qualifying patient will be allowed under state law to

 

possess the marihuana plants for the qualifying patient's medical

 

use, which shall be determined based solely on the qualifying

 

patient's preference.

 

     (f) If a registered qualifying patient's certifying physician

 

notifies the department in writing that the patient has ceased to


 

suffer from a debilitating medical condition, the card shall become

 

null and void upon notification by the department to the patient.

 

     (g) Possession of, or application for, a registry

 

identification card shall not constitute probable cause or

 

reasonable suspicion, nor shall it be used to support the search of

 

the person or property of the person possessing or applying for the

 

registry identification card, or otherwise subject the person or

 

property of the person to inspection by any local, county or state

 

governmental agency.

 

     (h) The following confidentiality rules shall apply:

 

     (1) Applications Subject to subdivisions (3) and (4),

 

applications and supporting information submitted by qualifying

 

patients, including information regarding their primary caregivers

 

and physicians, are confidential.

 

     (2) The department shall maintain a confidential list of the

 

persons to whom the department has issued registry identification

 

cards. Individual Except as provided in subdivisions (3) and (4),

 

individual names and other identifying information on the list is

 

confidential and is exempt from disclosure under the freedom of

 

information act, 1976 PA 442, MCL 15.231 to 15.246.

 

     (3) The department shall verify to law enforcement personnel

 

whether a registry identification card is valid, without disclosing

 

more information than is reasonably necessary to verify the

 

authenticity of the registry identification card.

 

     (3) The department shall not allow any person access to any

 

information about patients in the department's confidential list of

 

persons to whom the department has issued registry identification


 

cards or from whom the department has received an application or to

 

information otherwise maintained by the department concerning

 

physicians who provide written certification and primary

 

caregivers, except for the following:

 

     (A) Authorized employees of the department or of a

 

subcontractor under subsection (j) in the course of their official

 

duties.

 

     (B) State or local law enforcement officers or officials, but

 

only if either of the following applies:

 

     (i) The officer or official provides a registry identification

 

number, the officer or official is acting in the course of his or

 

her official duties, and the department does not allow access to

 

more information than is reasonably necessary to verify the

 

authenticity of the registry identification card.

 

     (ii) The officer or official provides a name and a date of

 

birth for an individual or an address; the officer or official has

 

probable cause to believe a violation of law that involves the

 

possession, use, transfer, or transportation of marihuana has

 

occurred; and the department does not allow access to more

 

information than is reasonably necessary to verify that the

 

individual or an individual at the specified address has a valid

 

registry identification card. The department shall allow access to

 

information under this sub-subparagraph through the law enforcement

 

information network. This sub-subparagraph does not require the

 

officer or official to obtain a search warrant to obtain access to

 

the registry information.

 

     (4) A person, including an employee, contractor, or official


 

of the department or another state agency or local unit of

 

government, who discloses confidential information in violation of

 

this act accesses, uses, or discloses nonpublic information

 

governed under this act for personal use or gain or in a manner

 

that is not authorized by law is guilty of a misdemeanor,

 

punishable by imprisonment for not more than 6 months, or a fine of

 

not more than $1, 000.00, or both. Notwithstanding this provision,

 

department employees may notify law enforcement about falsified or

 

fraudulent information submitted to the department.

 

     (i) The department shall submit to the legislature an annual

 

report that does not disclose any identifying information about

 

qualifying patients, primary caregivers, or physicians, but does

 

contain, at a minimum, all of the following information:

 

     (1) The number of applications filed for registry

 

identification cards.

 

     (2) The number of qualifying patients and primary caregivers

 

approved in each county.

 

     (3) The nature of the debilitating medical conditions of the

 

qualifying patients.

 

     (4) The number of registry identification cards revoked.

 

     (5) The number of physicians providing written certifications

 

for qualifying patients.

 

     (j) Not later than 1 year after the effective date of the

 

amendatory act that added this subsection, the department shall

 

enter into a contract with a private contractor to assist the

 

department in performing its duties under this section. The

 

contract may provide for assistance in processing and issuing


 

registry identification cards, but the department shall retain the

 

authority to make the final determination as to issuing the

 

registry identification card. The contract shall include a

 

provision requiring the contractor to preserve the confidentiality

 

of information in conformity with subsection (h).

 

     (k) Not later than 6 months after the effective date of the

 

amendatory act that added this subsection, the department shall

 

appoint a panel of not more than 15 members to review petitions to

 

approve medical conditions or treatments for addition to the list

 

of debilitating medical conditions under the administrative rules.

 

     (1) A majority of the panel members shall be licensed

 

physicians, and the panel shall provide recommendations to the

 

department regarding whether the petitions should be approved or

 

denied.

 

     (2) Members of the review panel shall include, but not be

 

limited to, the Michigan chief medical executive and 7 appointed

 

members of the advisory committee on pain and symptom management as

 

described in section 16204a of the public health code, 1978 PA 368,

 

MCL 333.16204a. The 7 review panel members from the advisory

 

committee on pain and symptom management shall include 4 licensed

 

physicians and 3 nonphysicians.

 

     (3) The department shall provide staff support to the review

 

panel to assist with scheduling meetings, conference calls, and

 

disseminating petition-related materials and to perform other

 

administrative duties related to the performance of the panel's

 

review.

 

     (4) A quorum of the review panel shall concur with the


 

recommendation in order to be considered an official recommendation

 

of the panel. For the purpose of this subdivision, a majority of

 

the members appointed to and serving on the review panel constitute

 

a quorum.

 

     (5) The department shall accept a written petition from any

 

person requesting that a particular medical condition or treatment

 

be included in the list of debilitating medical conditions under

 

the administrative rules.

 

     (6) The department shall submit the written petition to the

 

review panel. Within 60 days of receipt of the petition, the panel

 

shall make a recommendation to the department regarding approval or

 

denial of the petition.

 

     (7) Upon receipt of a recommendation from the review panel,

 

the department shall do all of the following:

 

     (A) Post the panel's recommendations on the department's

 

website for public comment for a period of 60 days.

 

     (B) Hold a public hearing within the 60-day time period that

 

the recommendation from the panel is posted on the department's

 

website.

 

     (C) Give notice of the public hearing not less than 10 days

 

before the date of the hearing.

 

     (8) After the public hearing, the department shall forward

 

comments made during the hearing to the panel for review. If, based

 

on a review of the comments, the panel determines that substantive

 

changes should be made to its initial recommendation, the petition

 

shall be denied, the department shall provide the petitioner with a

 

copy of the initial recommendation and an explanation of the


 

substantive changes, and the petitioner may resubmit the petition

 

to the department at any time. If no changes are made to the

 

initial recommendation or the changes are minor and do not affect

 

the general content of the recommendation, the department shall

 

forward the recommendation to the department director for a final

 

determination on the petition.

 

     (9) Within 180 days after the date the petition is filed with

 

the department, the department director shall make a final

 

determination on the petition. The approval or denial of the

 

petition is a final department action subject to judicial review.

 

     (10) If the petition is approved, the department shall create

 

a document verifying the addition of the new medical condition or

 

treatment to the list of debilitating medical conditions identified

 

under the administrative rules. The department shall develop a

 

policy that, until this act is amended to officially recognize the

 

medical condition as a qualifying debilitating medical condition

 

under section 3, allows the new medical condition to be used to

 

qualify an individual for a registry identification card.

 

     (l) As used in this section, "state or local law enforcement

 

officer or official" means any of the following:

 

     (1) A sheriff or deputy sheriff of a county of this state.

 

     (2) An officer of the police department of a city, village, or

 

township of this state.

 

     (3) A marshal of a city, village, or township of this state.

 

     (4) A constable of any local unit of government of this state.

 

     (5) An officer of the Michigan state police.

 

     (6) A security employee employed by this state and granted


 

limited arrest authority under section 6c of 1935 PA 59, MCL 28.6c.

 

     (7) A motor carrier officer appointed under section 6d of 1935

 

PA 59, MCL 28.6d.

 

     (8) A police officer or public safety officer of a community

 

college, college, or university in this state who is authorized by

 

the governing board of that community college, college, or

 

university to enforce state law and the rules and ordinances of

 

that community college, college, or university.

 

     (9) A park and recreation officer commissioned under section

 

1606 of the natural resources and environmental protection act,

 

1994 PA 451, MCL 324.1606.

 

     (10) A state forest officer commissioned under section 83107

 

of the natural resources and environmental protection act, 1994 PA

 

451, MCL 324.83107.

 

     (11) A judge of the district court, circuit court, or probate

 

court of this state.

 

     (12) A parole or probation officer of this state.