Montana § 16-12-502 Definitions

Montana Statutes

§ 16-12-502 — Definitions

Montana·Title 16 ALCOHOL, TOBACCO, AND MARIJUANA·Ch. 12 MARIJUANA REGULATION AND TAXATION·Part 5 Medical Marijuana

16-12-502 . Definitions. As used in this part, the following definitions apply:

(1)"Referral physician" means an individual who:

(a)is licensed under Title 37, chapter 3; and

(b)is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment.

(2)"Standard of care" means, at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:

(a)obtaining the patient's medical history;

(b)performing a relevant and necessary physical examination;

(c)reviewing prior treatment and treatment response for the

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16-12-502 . Definitions. As used in this part, the following definitions apply:
(1) "Referral physician" means an individual who:
(a) is licensed under Title 37, chapter 3; and
(b) is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment.
(2) "Standard of care" means, at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:
(a) obtaining the patient's medical history;
(b) performing a relevant and necessary physical examination;
(c) reviewing prior treatment and treatment response for the debilitating medical condition;
(d) obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;
(e) discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;
(f) monitoring the response to treatment and possible adverse effects; and
(g) creating and maintaining patient records that remain with the physician.
(3) "Telemedicine" has the meaning provided in 37-3-102 .
(4) "Treating physician" means an individual who:
(a) is licensed under Title 37, chapter 3; and
(b) has a bona fide professional relationship with the individual applying to be a registered cardholder.
(5) "Written certification" means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care.

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