PRINTER'S NO. 1153
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
982
Session of
2023
INTRODUCED BY RABB, MADDEN, SANCHEZ AND DELLOSO, MAY 5, 2023
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, MAY 5, 2023
AN ACT
Amending the act of April 17, 2016 (P.L.84, No.16), entitled "An
act establishing a medical marijuana program; providing for
patient and caregiver certification and for medical marijuana
organization registration; imposing duties on' the Department
of Health; providing for a tax on medical marijuana
organization gross receipts; establishing the Medical
Marijuana Program Fund; establishing the Medical Marijuana
Advisory Board; establishing a medical marijuana research
program; imposing duties on the Department of Corrections,
the Department of Education and the Department of Human
Services; and providing for academic clinical research
centers and for penalties and enforcement," in preliminary
provisions, further providing for definitions; and, in
program, further providing for program established.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "practitioner" in section 103
of the act of April 17, 2016 (P.L.84, No.16), known as the
Medical Marijuana Act, is amended and the section is amended by
adding definitions to read:
Section 103. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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"Academic clinical research center." As defined in section
2001.
* * *
"Chiropractor." A chiropractor acting within the scope of
practice contained in the act of December 16, 1986 (P.L.1646,
No.188), known as the Chiropractic Practice Act.
"Clinical registrant." As defined in section 2001.
* * *
"Doctor of osteopathy" or "osteopathic doctor." An
individual licensed to practice osteopathic medicine and surgery
by the State Board of Osteopathic Medical Examiners.
* * *
"Pharmacist." As defined in section 2(10) of the act of
September 27, 1961 (P.L.1700, No.699), known as the Pharmacy
Act.
"Physician." A medical doctor or doctor of ost eopathy who is
registered with the department under section 401.
* * *
"Podiatrist." An individual licensed under the act of March
2, 1956 (1955 P.L.1206, No.375), known as the Podiatry Practice
Act, to practice podiatry.
"Practitioner." A physician, physician assistant,
pharmacist, certified registered nurse practitioner, podiatrist,
chiropractor, doctor of osteopathy or osteopathic doctor
involved in the certified medical use of cannabis as part of the
treatment of a patient's serious medical condition. This
includes a physician who is registered with the department under
section 401.
* * *
Section 2. Section 301(a)(6) of the act is amended and
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subsection (a) is amended by adding paragraphs to read:
Section 301. Program established.
(a) Establishment.--A medical marijuana program for patients
suffering from serious medical conditions is established. The
program shall be implemented and administered by the department.
The department shall:
* * *
(6) Develop a four-hour annual training course for
physicians, pharmacists, podiatrists, certified registered
nurse practitioners [and], chiropractors, physician
assistants and doctors of osteopathy regarding the latest
scientific research on medical marijuana, including the risks
and benefits of medical marijuana, and other information
deemed necessary by the department. Successful completion of
the course shall be approved as continuing education credits
as determined by:
(i) The State Board of Medicine and the State Board
of Osteopathic Medicine.
(ii) The State Board of Pharmacy.
(iii) The State Board of Nursing.
(iv) The State Board of Chiropractic.
(v) The State Board of Podiatry.
(vi) The State Board of Pharmacy.
(6.1) A board shall require that a medical cannabis
practitioner complete at least four hours of continuing
education in the treatment and symptom management of serious
medical conditions using medical cannabis as a portion of the
total continuing education required for license renewal. The
following apply:
(i) Not later than 18 months after the effective
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date of this subparagraph, a board shall adopt,
promulgate and enforce rules and regulations consistent
with the provisions of this act establishing requirements
of continuing education to be met by medical cannabis
practitioners as a condition of annual license renewal.
The regulations shall include any fees necessary for a
board to carry out its responsibilities under this
section.
(ii) Beginning with the first annual license renewal
period following promulgation of regulations, medical
cannabis practitioners shall be required to attend and
complete four hours of mandatory continuing education
during each annual license period. At least one credit
hour shall be in ethics, one credit hour shall be in
patient safety, and one credit hour shall provide the
latest advances in the medical cannabis field. Once the
continuing education requirement has been completed, the
medical cannabis practitioner shall attest that they have
a basic understanding of the endocannabinoid system.
(iii) An individual applying for the first time for
licensure in this Commonwealth shall be exempted from the
continuing education requirement for the renewal period
in which licensure is obtained.
(iv) A board shall, by regulation, provide for the
waiver of continuing education requirements in case of
illness, hardship and armed services duties. A request
for a waiver shall be evaluated on a case-by-case basis.
(v) A medical cannabis practitioner seeking to
reinstate an inactive or lapsed license shall show proof
of compliance with the continuing education requirement
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for the preceding year.
(vi) All courses, locations, instructors and
providers shall be devised by the department, academic
clinical research centers and clinical registrants and be
approved by a board. No credit shall be given for any
course in office management or practice building.
(vii) The department shall subsidize any costs
associated with completing continuing education
requirements for practitioners who serve unserved,
underserved or otherwise marginalized communities within
this Commonwealth.
* * *
(15) Ensure that there is a sufficient number of
practitioners who will serve patients in unserved,
underserved or otherwise marginalized communities within this
Commonwealth.
* * *
Section 3. This act shall take effect immediately.
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