Assembly Bill No. 130–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of the Department of Agriculture)

 

February 14, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Makes various changes relating to State Department of Agriculture. (BDR 50‑569)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: No.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to the State Department of Agriculture; authorizing the Director of the State Department of Agriculture and the Department to impose and collect certain fees; making various changes to the program of medical marijuana administered by the Department; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1  Section 1. NRS 561.153 is hereby amended to read as follows:

1-2  561.153  The Director may by regulation [adopt] :

1-3  1.  Prescribe, in addition to any other fees prescribed by the

1-4  Director pursuant to titles 49, 50 and 51 of NRS, a fee to cover the

1-5  costs incurred by the Department for any service, product or

1-6  publication provided by the Department pursuant to titles 49, 50

1-7  and 51 of NRS or the regulations adopted pursuant thereto; and

1-8  2.  Adopt such procedures as he may deem appropriate for the

1-9  billing or collection of such fees . [for any service or any

1-10  publication or other product provided by the Department under

1-11  Titles 49, 50 and 51 of NRS for which fees are collectible.]

 

2-1  Sec. 2.  NRS 564.080 is hereby amended to read as follows:

2-2  564.080  Except as otherwise provided in NRS 564.010 to

2-3  564.150, inclusive, the Department may establish and collect

2-4  reasonable fees for:

2-5  1.  The recording of brands or brands and marks;

2-6  2.  The rerecording of brands or brands and marks;

2-7  3.  The recording of instruments transferring ownership of

2-8  brands or brands and marks; [or]

2-9  4.  Certificates of recordation or rerecordation of brands or

2-10  brands and marks[.] ; or

2-11      5.  The processing and continuing administration of a security

2-12  agreement, provisional assignment or legal lien relating to a brand

2-13  or brand and mark or marks of record for purposes of

2-14  NRS 564.110.

2-15      Sec. 3.  NRS 453A.030 is hereby amended to read as follows:

2-16      453A.030  “Attending physician” means a physician who:

2-17      1.  Is licensed to practice [medicine] :

2-18      (a) Medicine pursuant to the provisions of chapter 630 of NRS;

2-19  or

2-20      (b) Osteopathic medicine pursuant to the provisions of chapter

2-21  633 of NRS; and

2-22      2.  Has [primary] responsibility for the care and treatment of a

2-23  person diagnosed with a chronic or debilitating medical condition.

2-24      Sec. 4.  NRS 453A.160 is hereby amended to read as follows:

2-25      453A.160  1.  “Usable marijuana” means [the] :

2-26      (a) The dried leaves and flowers of a plant of the genus

2-27  Cannabis, and any mixture or preparation thereof, that are

2-28  appropriate for the medical use of marijuana[.] ; and

2-29      (b) The seeds of a plant of the genus Cannabis.

2-30      2.  The term does not include the [seeds,] stalks and roots of the

2-31  plant.

2-32      Sec. 5.  NRS 453A.210 is hereby amended to read as follows:

2-33      453A.210  1.  The Department shall establish and maintain a

2-34  program for the issuance of registry identification cards to persons

2-35  who meet the requirements of this section.

2-36      2.  Except as otherwise provided in subsections 3 and 5, the

2-37  Department or its designee shall issue a registry identification card

2-38  to a person who is a resident of this state and who submits an

2-39  application on a form prescribed by the Department accompanied by

2-40  the following:

2-41      (a) Valid, written documentation from the person’s attending

2-42  physician stating that:

2-43          (1) The person has been diagnosed with a chronic or

2-44  debilitating medical condition;

3-1       (2) The medical use of marijuana may mitigate the symptoms

3-2  or effects of that condition; and

3-3       (3) The attending physician has explained the possible risks

3-4  and benefits of the medical use of marijuana;

3-5  (b) The name, address, telephone number, social security

3-6  number and date of birth of the person;

3-7  (c) Proof satisfactory to the Department that the person is a

3-8  resident of this state;

3-9  (d) The name, address and telephone number of the person’s

3-10  attending physician; and

3-11      [(d)] (e) If the person elects to designate a primary caregiver at

3-12  the time of application:

3-13          (1) The name, address, telephone number and social security

3-14  number of the designated primary caregiver; and

3-15          (2) A written, signed statement from his attending physician

3-16  in which the attending physician approves of the designation of the

3-17  primary caregiver.

3-18      3.  The Department or its designee shall issue a registry

3-19  identification card to a person who is under 18 years of age if:

3-20      (a) The person submits the materials required pursuant to

3-21  subsection 2; and

3-22      (b) The custodial parent or legal guardian with responsibility for

3-23  health care decisions for the person under 18 years of age signs a

3-24  written statement setting forth that:

3-25          (1) The attending physician of the person under 18 years of

3-26  age has explained to that person and to the custodial parent or legal

3-27  guardian with responsibility for health care decisions for the person

3-28  under 18 years of age the possible risks and benefits of the medical

3-29  use of marijuana;

3-30          (2) The custodial parent or legal guardian with responsibility

3-31  for health care decisions for the person under 18 years of age

3-32  consents to the use of marijuana by the person under 18 years of age

3-33  for medical purposes;

3-34          (3) The custodial parent or legal guardian with responsibility

3-35  for health care decisions for the person under 18 years of age agrees

3-36  to serve as the designated primary caregiver for the person under 18

3-37  years of age; and

3-38          (4) The custodial parent or legal guardian with responsibility

3-39  for health care decisions for the person under 18 years of age agrees

3-40  to control the acquisition of marijuana and the dosage and frequency

3-41  of use by the person under 18 years of age.

3-42      4.  The form prescribed by the Department to be used by a

3-43  person applying for a registry identification card pursuant to this

3-44  section must be a form that is in quintuplicate. Upon receipt of an

4-1  application that is completed and submitted pursuant to this section,

4-2  the Department shall:

4-3  (a) Record on the application the date on which it was received;

4-4  (b) Retain one copy of the application for the records of the

4-5  Department; and

4-6  (c) Distribute the other four copies of the application in the

4-7  following manner:

4-8       (1) One copy to the person who submitted the application;

4-9       (2) One copy to the applicant’s designated primary caregiver,

4-10  if any;

4-11          (3) One copy to the Central Repository for Nevada Records

4-12  of Criminal History; and

4-13          (4) One copy to :

4-14             (I) If the attending physician of the applicant is licensed

4-15  to practice medicine pursuant to the provisions of chapter 630 of

4-16  NRS, the Board of Medical Examiners [.] ; or

4-17             (II) If the attending physician of the applicant is

4-18  licensed to practice osteopathic medicine pursuant to the

4-19  provisions of chapter 633 of NRS, the State Board of Osteopathic

4-20  Medicine.

4-21  The Central Repository for Nevada Records of Criminal History

4-22  shall report to the Department its findings as to the criminal history,

4-23  if any, of an applicant within 15 days after receiving a copy of an

4-24  application pursuant to subparagraph (3) of paragraph (c). The

4-25  Board of Medical Examiners or the State Board of Osteopathic

4-26  Medicine, as applicable, shall report to the Department its findings

4-27  as to the licensure and standing of the applicant’s attending

4-28  physician within 15 days after receiving a copy of an application

4-29  pursuant to subparagraph (4) of paragraph (c).

4-30      5.  The Department shall verify the information contained in an

4-31  application submitted pursuant to this section and shall approve or

4-32  deny an application within 30 days after receiving the application.

4-33  The Department may contact an applicant, his attending physician

4-34  and designated primary caregiver, if any, by telephone to determine

4-35  that the information provided on or accompanying the application is

4-36  accurate. The Department may deny an application only on the

4-37  following grounds:

4-38      (a) The applicant failed to provide the information required

4-39  pursuant to subsections 2 and 3 to:

4-40          (1) Establish his chronic or debilitating medical condition; or

4-41          (2) Document his consultation with an attending physician

4-42  regarding the medical use of marijuana in connection with that

4-43  condition;

5-1  (b) The applicant failed to comply with regulations adopted by

5-2  the Department, including, without limitation, the regulations

5-3  adopted by the Director pursuant to NRS 453A.740;

5-4  (c) The Department determines that the information provided by

5-5  the applicant was falsified;

5-6  (d) The Department determines that the attending physician of

5-7  the applicant is not licensed to practice medicine or osteopathic

5-8  medicine in this state or is not in good standing, as reported by the

5-9  Board of Medical Examiners [;]or the State Board of Osteopathic

5-10  Medicine, as applicable;

5-11      (e) The Department determines that the applicant, or his

5-12  designated primary caregiver, if applicable, has been convicted of

5-13  knowingly or intentionally selling a controlled substance;

5-14      (f) The Department has prohibited the applicant from obtaining

5-15  or using a registry identification card pursuant to subsection 2 of

5-16  NRS 453A.300; or

5-17      (g) In the case of a person under 18 years of age, the custodial

5-18  parent or legal guardian with responsibility for health care decisions

5-19  for the person has not signed the written statement required pursuant

5-20  to paragraph (b) of subsection 3.

5-21      6.  The decision of the Department to deny an application for a

5-22  registry identification card is a final decision for the purposes of

5-23  judicial review. Only the person whose application has been denied

5-24  or, in the case of a person under 18 years of age whose application

5-25  has been denied, the person’s parent or legal guardian, has standing

5-26  to contest the determination of the Department. A judicial review

5-27  authorized pursuant to this subsection must be limited to a

5-28  determination of whether the denial was arbitrary, capricious or

5-29  otherwise characterized by an abuse of discretion and must be

5-30  conducted in accordance with the procedures set forth in chapter

5-31  233B of NRS for reviewing a final decision of an agency.

5-32      7.  A person whose application has been denied may not

5-33  reapply for 6 months after the date of the denial, unless the

5-34  Department or a court of competent jurisdiction authorizes

5-35  reapplication in a shorter time.

5-36      8.  Except as otherwise provided in this subsection, if a person

5-37  has applied for a registry identification card pursuant to this section

5-38  and the Department has not yet approved or denied the application,

5-39  the person, and his designated primary caregiver, if any, shall be

5-40  deemed to hold a registry identification card upon the presentation

5-41  to a law enforcement officer of the copy of the application provided

5-42  to him pursuant to subsection 4. A person may not be deemed to

5-43  hold a registry identification card for a period of more than 30 days

5-44  after the date on which the Department received the application.

6-1  9.  As used in this section, “resident” has the meaning

6-2  ascribed to it in NRS 483.141.

6-3  Sec. 6.  NRS 453A.250 is hereby amended to read as follows:

6-4  453A.250  1.  If a person who applies to the Department for a

6-5  registry identification card or to whom the Department or its

6-6  designee has issued a registry identification card pursuant to

6-7  paragraph (a) of subsection 1 of NRS 453A.220 desires to designate

6-8  a primary caregiver, the person must:

6-9  (a) To designate a primary caregiver at the time of application,

6-10  submit to the Department the information required pursuant to

6-11  paragraph [(d)] (e) of subsection 2 of NRS 453A.210; or

6-12      (b) To designate a primary caregiver after the Department or its

6-13  designee has issued a registry identification card to him, submit to

6-14  the Department the information required pursuant to subparagraph

6-15  (2) of paragraph (b) of subsection 1 of NRS 453A.230.

6-16      2.  A person may have only one designated primary caregiver at

6-17  any one time.

6-18      3.  If a person designates a primary caregiver after the time that

6-19  he initially applies for a registry identification card, the Department

6-20  or its designee shall, except as otherwise provided in subsection 5 of

6-21  NRS 453A.210, issue a registry identification card to the designated

6-22  primary caregiver as soon as practicable after receiving the

6-23  information submitted pursuant to paragraph (b) of subsection 1.

6-24      Sec. 7.  NRS 453A.500 is hereby amended to read as follows:

6-25      453A.500  The Board of Medical Examiners or the State Board

6-26  of Osteopathic Medicine, as applicable, shall not take any

6-27  disciplinary action against an attending physician on the basis that

6-28  the attending physician:

6-29      1.  Advised a person whom the attending physician has

6-30  diagnosed as having a chronic or debilitating medical condition, or a

6-31  person whom the attending physician knows has been so diagnosed

6-32  by another physician licensed to practice medicine pursuant to the

6-33  provisions of chapter 630 of NRS [:]or licensed to practice

6-34  osteopathic medicine pursuant to the provisions of chapter 633 of

6-35  NRS:

6-36      (a) About the possible risks and benefits of the medical use of

6-37  marijuana; or

6-38      (b) That the medical use of marijuana may mitigate the

6-39  symptoms or effects of the person’s chronic or debilitating medical

6-40  condition,

6-41  if the advice is based on the attending physician’s personal

6-42  assessment of the person’s medical history and current medical

6-43  condition.

6-44      2.  Provided the written documentation required pursuant to

6-45  paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a

7-1  registry identification card or pursuant to subparagraph (1) of

7-2  paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a

7-3  registry identification card, if:

7-4  (a) Such documentation is based on the attending physician’s

7-5  personal assessment of the person’s medical history and current

7-6  medical condition; and

7-7  (b) The physician has advised the person about the possible risks

7-8  and benefits of the medical use of marijuana.

7-9  Sec. 8.  NRS 453A.740 is hereby amended to read as follows:

7-10      453A.740  The Director of the Department shall adopt such

7-11  regulations as the Director determines are necessary to carry out the

7-12  provisions of this chapter. The regulations must set forth, without

7-13  limitation:

7-14      1.  Procedures pursuant to which the State Department of

7-15  Agriculture will, in cooperation with the Department of Motor

7-16  Vehicles, cause a registry identification card to be prepared and

7-17  issued to a qualified person as a type of identification card described

7-18  in NRS 483.810 to 483.890, inclusive. The procedures described in

7-19  this subsection must provide that the State Department of

7-20  Agriculture will:

7-21      (a) Issue a registry identification card to a qualified person after

7-22  the card has been prepared by the Department of Motor Vehicles; or

7-23      (b) Designate the Department of Motor Vehicles to issue a

7-24  registry identification card to a person if:

7-25          (1) The person presents to the Department of Motor Vehicles

7-26  valid documentation issued by the State Department of Agriculture

7-27  indicating that the State Department of Agriculture has approved the

7-28  issuance of a registry identification card to the person; and

7-29          (2) The Department of Motor Vehicles, before issuing the

7-30  registry identification card, confirms by telephone or other reliable

7-31  means that the State Department of Agriculture has approved the

7-32  issuance of a registry identification card to the person.

7-33      2.  Criteria for determining whether a marijuana plant is a

7-34  mature marijuana plant or an immature marijuana plant.

7-35      3.  Fees for:

7-36      (a) Providing to an applicant an application for a registry

7-37  identification card, which fee must not exceed $50; and

7-38      (b) Processing and issuing a registry identification card, which

7-39  fee must not exceed $150.

7-40      Sec. 9.  NRS 633.521 is hereby amended to read as follows:

7-41      633.521  An osteopathic physician is not subject to disciplinary

7-42  action solely for [prescribing] :

7-43      1.  Prescribing or administering to a patient under his care:

7-44      [1.] (a) Amygdalin (laetrile), if the patient has consented to the

7-45  use of the substance.

8-1  [2.] (b) Procaine hydrochloride with preservatives and

8-2  stabilizers (Gerovital H3).

8-3  [3.] (c) A controlled substance which is listed in schedule II, III,

8-4  IV or V by the State Board of Pharmacy pursuant to NRS 453.146,

8-5  if the controlled substance is lawfully prescribed or administered for

8-6  the treatment of intractable pain in accordance with accepted

8-7  standards for the practice of osteopathic medicine.

8-8  2.  Engaging in any activity in accordance with the provisions

8-9  of chapter 453A of NRS.

8-10      Sec. 10.  This act becomes effective on July 1, 2003.

 

8-11  H