§ 21a-408c — Physician, physician assistant or advanced practice registered nurse issuance of written certification. Requirements. Not subject to arrest, prosecution or certain other penalties. Telehealth services.

(a) A physician, physician assistant or advanced practice registered nurse may issue a written certification to a qualifying patient that authorizes the palliative use of marijuana by the qualifying patient. Such written certification shall be in the form prescribed by the Department of Consumer Protection and shall include a statement signed and dated by the qualifying patient's physician, physician assistant or advanced practice registered nurse stating that, in such physician's, physician assistant's or advanced practice registered nurse's professional opinion, the qualifying patient has a debilitating medical condition and the potential benefits of the palliative use of marijuana would likely outweigh the health risks of such use to the qualifying patient. (b) Any written certification for the palliative use of marijuana issued by a physician, physician assistant or advanced practice registered nurse under subsection (a) of this section shall be valid for a period not to exceed one year from the date such written certification is signed and dated by the physician, physician assistant or advanced practice registered nurse. Not later than ten calendar days after the expiration of such period, or at any time before the expiration of such period should the qualifying patient no longer wish to possess marijuana for palliative use, the qualifying patient or the caregiver shall destroy all usable marijuana possessed by the qualifying patient and the caregiver for palliative use. (c) A physician, physician assistant or advanced practice registered nurse shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by the Connecticut Medical Examining Board, the Connecticut State Board of Examiners for Nursing or other professional licensing board, for providing a written certification for the palliative use of marijuana under subdivision (1) of subsection (a) of section 21a-408a if: (1) The physician, physician assistant or advanced practice registered nurse has diagnosed the qualifying patient as having a debilitating medical condition; (2) The physician, physician assistant or advanced practice registered nurse has explained the potential risks and benefits of the palliative use of marijuana to the qualifying patient and, if the qualifying patient lacks legal capacity, to a parent, guardian or person having legal custody of the qualifying patient; (3) The written certification issued by the physician, physician assistant or advanced practice registered nurse is based upon the physician's, physician assistant's or advanced practice registered nurse's professional opinion after having completed a medically reasonable assessment of the qualifying patient's medical history and current medical condition made in the course of a bona fide health care professional-patient relationship; and (4) The physician, physician assistant or advanced practice registered nurse has no financial interest in a cannabis establishment, except for retailers and delivery services, as such terms are defined in section 21a-420 . (d) A physician assistant or nurse shall not be subject to arrest or prosecution, penalized in any manner, including, but not limited to, being subject to any civil penalty, or denied any right or privilege, including, but not limited to, being subject to any disciplinary action by the Connecticut Medical Examining Board, Board of Examiners for Nursing or other professional licensing board, for administering marijuana to a qualifying patient or research program subject in a hospital or health care facility licensed by the Department of Public Health. (e) Notwithstanding the provisions of this section, sections 21a-408 to 21a-408b , inclusive, and sections 21a-408d to 21a-408o , inclusive, a physician assistant or an advanced practice registered nurse shall not issue a written certification to a qualifying patient when the qualifying patient's debilitating medical condition is glaucoma. (f) Notwithstanding any provision of the general statutes or any regulation of Connecticut state agencies concerning the certification of qualifying patients through telehealth services, a physician, physician assistant or advanced practice registered nurse may issue a written certification to a qualifying patient and provide any follow-up care utilizing telehealth services, provided all other requirements for issuing such written certification to the qualifying patient, including, but not limited to, all recordkeeping requirements, are satisfied.

Legislative History

(P.A. 12-55, S. 4; P.A. 16-23, S. 4; 16-39, S. 49; June Sp. Sess. P.A. 21-1, S. 69; P.A. 22-103, S. 13; P.A. 23-52, S. 13.) History: P.A. 16-23 added Subsec. (d) re nurse not subject to arrest, prosecution or other penalties for administering marijuana to qualifying patient or research program subject in a licensed hospital or health care facility; P.A. 16-39 added references to advanced practice registered nurse, amended Subsec. (c) by adding reference to Connecticut State Board of Examiners for Nursing and replacing “physician-patient relationship” with “health care professional-patient relationship” in Subdiv. (3), and added provision, codified by the Revisors as Subsec. (e), prohibiting advanced practice registered nurse from issuing certification when qualifying patient's debilitating medical condition is glaucoma, effective January 1, 2017; June Sp. Sess. P.A. 21-1 amended Subsec. (b) by replacing references to primary caregiver with caregiver and amended Subsec. (c)(4) by replacing a reference to licensed dispensaries and licensed producers with cannabis establishment and adding an exception for retailers and delivery services, effective July 1, 2021; P.A. 22-103 amended Subsecs. (a) to (e) by adding references to physician assistants, amended Subsec. (d) to add reference to Connecticut Medical Examining Board, and made technical and conforming changes, effective July 1, 2022; P.A. 23-52 added Subsec. (f) re written certification and provision of follow-up care by physicians, physician assistants and advanced practice registered nurses through telehealth, effective June 13, 2023.