PURPOSE: Under Article XIV, Section 1 of the Missouri Constitution, patients with qualifying medical conditions have the right to discuss freely with their physicians the possible benefits of medical marijuana use, and physicians have the right to provide professional advice concerning the same. This rule explains how the department will implement provisions of Article XIV, Section 1 related to Physicians.

1. (1) Physician Certification. Physicians will submit certifications electronically through a department-provided, web-based system. In the event of system unavailability, the department will arrange to accept physician certifications in an alternative, department-provided format and will notify the public of those arrangements through its website at http://medicalmarijuana.mo.gov.

   1. (A) Physician certifications must be issued no earlier than thirty (30) days before the date the patient will apply for a patient identification card or renewal of a patient identification card.

   2. (B) Physician certifications must include at least the following information:

      1. 1. The physician’s name, as it appears in

the records of the Missouri Division of Professional Registration;

1. 2. The physician’s licensee number;
2. 3. Whether the physician is licensed to

practice medicine or osteopathy;

1. 4. The physician’s business address,

telephone number, and email address;

1. 5. The qualifying patient’s name, date of

birth, and Social Security number;

1. 6. The qualifying patient’s qualifying

condition;

1. 7. The physician’s recommendation for

the amount of medical marijuana the qualifying patient should be allowed to purchase in a thirty- (30-) day period if the recommended amount is more than four (4) ounces of dried, unprocessed marijuana or its equivalent;

1. 8. Statements confirming the following:

   1. A. In the case of a non-emancipated

qualifying patient under the age of eighteen (18), before certifying the qualifying patient for use of medical marijuana, the physician received the written consent of a parent or legal guardian who asserts he or she will serve as a primary caregiver for the qualifying patient; 19 CSR 30-95

1. B. The physician met with and exam-

ined the qualifying patient, reviewed the qualifying patient’s medical records or medical history, reviewed the qualifying patient’s current medications and allergies to medications, discussed the qualifying patient’s current symptoms, and created a medical record for the qualifying patient regarding the meeting;

1. C. In the opinion of the physician, the

qualifying patient suffers from the qualifying condition; and

1. D. The physician discussed with the

qualifying patient risks associated with medical marijuana, including known contraindications applicable to the patient, risks of medical marijuana use to fetuses, and risks of medical marijuana use to breastfeeding infants; and

1. 9. The signature of the physician and

date on which the physician signed.

1. (2) The department may request to interview any physician who chooses to certify individuals as qualifying patients. If such a request is made, the physician shall arrange for the interview to occur as soon as possible but no later than thirty (30) days after the department makes the request.

AUTHORITY: sections 1.3.(1)(b) and 1.3.(2) of Article XIV, Mo. Const. Emergency rule filed May 24, 2019, effective June 3, 2019, expired Feb. 27, 2020. Original rule filed May 24, 2019, effective Jan. 30, 2020.