PORTLAND, Oredina (KTVZ) - A new law that went into effect in January allows a number of healthcare professionals with primary responsibility for the care and treatment of a person diagnosed with a debilitating health condition to recommend medical marijuana to a patient.
In May 2021, the Oregon Legislature adopted HB 3369, which expanded the definition of service provider in accordance with the rules of the Oregon Medical Marijuana Program (OMMP). After the new year, providers allowed to recommend medical marijuana now include:
- Doctor of Medicine (MD) or Doctor of Osteopathy (DO), licensed under ORS Chapter 677.
- Assistant physician licensed under ORS 677,505 to 677,525.
- Nurse licensed under ORS 678.375 to 678.390.
- Specialist clinical nurse licensed under ORS 678.370 and 678.372.
- Certified Registered Nurse Anesthesiologist as defined in ORS 678.245.
- Naturopathic physician licensed under ORS Chapter 685.
Having “primary responsibility” means that the service provider has one of the following roles:
- Provides primary health care to the patient.
- Provides special medical care and treatment to the patient.
- Whether the consultant from whom the patient’s primary care physician is licensed under ORS Chapter 677, the patient physician’s assistant licensed under ORS Chapter 677, or the patient nurse licensed under ORS Chapter 678 requested to examine and treat the patient.
The service provider must also review the patient’s medical records at the patient’s request and perform a detailed physical examination of the patient; subsequent care provided or planned; and documented these activities in the patient’s medical record.
To recommend medical marijuana in Oregon, a health care professional must assess a patient’s medical history, perform a physical examination, and determine that marijuana use may alleviate the patient’s symptoms or health effects. Qualification requirements include:
- Cancer, glaucoma, degenerative or pervasive neurological condition, positive status for human immunodeficiency virus or acquired immunodeficiency syndrome, or side effects related to the treatment of these health conditions.
- A medical condition or treatment of a medical condition that causes, for a particular patient, one or more of the following:
- Cachexia.
- How painful.
- Severe nausea.
- Seizures, including but not limited to epileptic seizures.
- Persistent muscle cramps, including but not limited to cramps caused by multiple sclerosis.
- Post traumatic stress disorder.
The Physician’s Statement Form (APS) must be signed by a physician confirming that the patient has been diagnosed with a debilitating health condition and that medical use of marijuana may alleviate the symptoms or effects of the individual’s health condition. Alternatively, the treating physician may provide the patient with relevant portions of the patient’s medical records containing the same information about APS.
The patient is responsible for submitting the APS, or relevant medical documentation, with other required application documents, to the OMMP. APS or relevant medical documents must be submitted within 90 days of the physician’s signature when the patient first reports. When a patient is renewed with an OMMP, the application material must be submitted within 90 days of the expiration date of their registration card and the APS must be signed within that 90-day period.
In order for OMMP to accept APS from any of the above providers other than physicians and physicians, APS or relevant medical records must be dated January 1, 2022, or later. An updated APS form for attending service providers is available on the OMMP form page.
For more information, visit the OMMP website at healthoregon.org/ommp. Information specific to attending providers can be found under the link Providers attending.
Join the OMMP listserv to get program updates by clicking this link.