Adoption of this amendment will MAINTAIN a 2/3s majority vote requirement for final passage of AB130 (§§ 1, 2, 8).
ASSEMBLY ACTION Initial and Date |SENATE ACTION Initial and Date
Adopted Lost | Adopted Lost
Concurred In Not
|Concurred In Not
Receded Not | Receded Not
Amend the bill as a whole by deleting sections 2 and 3 and renumbering sec. 4 as sec. 2.
Amend the bill as a whole by deleting sections 5 and 6, renumbering sec. 7 as sec. 10 and adding new sections designated sections 3 through 9, following sec. 4, to read as follows:
“Sec. 3. NRS 453A.030 is hereby amended to read as follows:
453A.030 “Attending physician” means a physician who:
1. Is licensed to practice [medicine] :
(a) Medicine pursuant to the provisions of chapter 630 of NRS; or
(b) Osteopathic medicine pursuant to the provisions of chapter 633 of NRS; and
2. Has [primary] responsibility for the care and treatment of a person diagnosed with a chronic or debilitating medical condition.
Sec. 4. NRS 453A.160 is hereby amended to read as follows:
453A.160 1. “Usable marijuana” means [the] :
(a) The dried leaves and flowers of a plant of the genus Cannabis, and any mixture or preparation thereof, that are appropriate for the medical use of marijuana[.] ; and
(b) The seeds of a plant of the genus Cannabis.
2. The term does not include the [seeds,] stalks and roots of the plant.
Sec. 5. NRS 453A.210 is hereby amended to read as follows:
453A.210 1. The Department shall establish and maintain a program for the issuance of registry identification cards to persons who meet the requirements of this section.
2. Except as otherwise provided in subsections 3 and 5, the Department or its designee shall issue a registry identification card to a person who is a resident of this state and who submits an application on a form prescribed by the Department accompanied by the following:
(a) Valid, written documentation from the person’s attending physician stating that:
(1) The person has been diagnosed with a chronic or debilitating medical condition;
(2) The medical use of marijuana may mitigate the symptoms or effects of that condition; and
(3) The attending physician has explained the possible risks and benefits of the medical use of marijuana;
(b) The name, address, telephone number, social security number and date of birth of the person;
(c) Proof satisfactory to the Department that the person is a resident of this state;
(d) The name, address and telephone number of the person’s attending physician; and
[(d)] (e) If the person elects to designate a primary caregiver at the time of application:
(1) The name, address, telephone number and social security number of the designated primary caregiver; and
(2) A written, signed statement from his attending physician in which the attending physician approves of the designation of the primary caregiver.
3. The Department or its designee shall issue a registry identification card to a person who is under 18 years of age if:
(a) The person submits the materials required pursuant to subsection 2; and
(b) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age signs a written statement setting forth that:
(1) The attending physician of the person under 18 years of age has explained to that person and to the custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age the possible risks and benefits of the medical use of marijuana;
(2) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age consents to the use of marijuana by the person under 18 years of age for medical purposes;
(3) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to serve as the designated primary caregiver for the person under 18 years of age; and
(4) The custodial parent or legal guardian with responsibility for health care decisions for the person under 18 years of age agrees to control the acquisition of marijuana and the dosage and frequency of use by the person under 18 years of age.
4. The form prescribed by the Department to be used by a person applying for a registry identification card pursuant to this section must be a form that is in quintuplicate. Upon receipt of an application that is completed and submitted pursuant to this section, the Department shall:
(a) Record on the application the date on which it was received;
(b) Retain one copy of the application for the records of the Department; and
(c) Distribute the other four copies of the application in the following manner:
(1) One copy to the person who submitted the application;
(2) One copy to the applicant’s designated primary caregiver, if any;
(3) One copy to the Central Repository for Nevada Records of Criminal History; and
(4) One copy to :
(I) If the attending physician of the applicant is licensed to practice medicine pursuant to the provisions of chapter 630 of NRS, the Board of Medical Examiners [.] ; or
(II) If the attending physician of the applicant is licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS, the State Board of Osteopathic Medicine.
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The Central Repository for Nevada Records of Criminal History
shall report to the Department its findings as to the criminal history, if any,
of an applicant within 15 days after receiving a copy of an application
pursuant to subparagraph (3) of paragraph (c). The Board of Medical Examiners or the State Board of Osteopathic
Medicine, as applicable, shall report to the Department its
findings as to the licensure and standing of the applicant’s attending
physician within 15 days after receiving a copy of an application pursuant to
subparagraph (4) of paragraph (c).
5. The Department shall verify the information contained in an application submitted pursuant to this section and shall approve or deny an application within 30 days after receiving the application. The Department may contact an applicant, his attending physician and designated primary caregiver, if any, by telephone to determine that the information provided on or accompanying the application is accurate. The Department may deny an application only on the following grounds:
(a) The applicant failed to provide the information required pursuant to subsections 2 and 3 to:
(1) Establish his chronic or debilitating medical condition; or
(2) Document his consultation with an attending physician regarding the medical use of marijuana in connection with that condition;
(b) The applicant failed to comply with regulations adopted by the Department, including, without limitation, the regulations adopted by the Director pursuant to NRS 453A.740;
(c) The Department determines that the information provided by the applicant was falsified;
(d) The Department determines that the attending physician of the applicant is not licensed to practice medicine or osteopathic medicine in this state or is not in good standing, as reported by the Board of Medical Examiners [;]or the State Board of Osteopathic Medicine, as applicable;
(e) The Department determines that the applicant, or his designated primary caregiver, if applicable, has been convicted of knowingly or intentionally selling a controlled substance;
(f) The Department has prohibited the applicant from obtaining or using a registry identification card pursuant to subsection 2 of NRS 453A.300; or
(g) In the case of a person under 18 years of age, the custodial parent or legal guardian with responsibility for health care decisions for the person has not signed the written statement required pursuant to paragraph (b) of subsection 3.
6. The decision of the Department to deny an application for a registry identification card is a final decision for the purposes of judicial review. Only the person whose application has been denied or, in the case of a person under 18 years of age whose application has been denied, the person’s parent or legal guardian, has standing to contest the determination of the Department. A judicial review authorized pursuant to this subsection must be limited to a determination of whether the denial was arbitrary, capricious or otherwise characterized by an abuse of discretion and must be conducted in accordance with the procedures set forth in chapter 233B of NRS for reviewing a final decision of an agency.
7. A person whose application has been denied may not reapply for 6 months after the date of the denial, unless the Department or a court of competent jurisdiction authorizes reapplication in a shorter time.
8. Except as otherwise provided in this subsection, if a person has applied for a registry identification card pursuant to this section and the Department has not yet approved or denied the application, the person, and his designated primary caregiver, if any, shall be deemed to hold a registry identification card upon the presentation to a law enforcement officer of the copy of the application provided to him pursuant to subsection 4. A person may not be deemed to hold a registry identification card for a period of more than 30 days after the date on which the Department received the application.
9. As used in this section, “resident” has the meaning ascribed to it in NRS 483.141.
Sec. 6. NRS 453A.250 is hereby amended to read as follows:
453A.250 1. If a person who applies to the Department for a registry identification card or to whom the Department or its designee has issued a registry identification card pursuant to paragraph (a) of subsection 1 of NRS 453A.220 desires to designate a primary caregiver, the person must:
(a) To designate a primary caregiver at the time of application, submit to the Department the information required pursuant to paragraph [(d)] (e) of subsection 2 of NRS 453A.210; or
(b) To designate a primary caregiver after the Department or its designee has issued a registry identification card to him, submit to the Department the information required pursuant to subparagraph (2) of paragraph (b) of subsection 1 of NRS 453A.230.
2. A person may have only one designated primary caregiver at any one time.
3. If a person designates a primary caregiver after the time that he initially applies for a registry identification card, the Department or its designee shall, except as otherwise provided in subsection 5 of NRS 453A.210, issue a registry identification card to the designated primary caregiver as soon as practicable after receiving the information submitted pursuant to paragraph (b) of subsection 1.
Sec. 7. NRS 453A.500 is hereby amended to read as follows:
453A.500 The Board of Medical Examiners or the State Board of Osteopathic Medicine, as applicable, shall not take any disciplinary action against an attending physician on the basis that the attending physician:
1. Advised a person whom the attending physician has diagnosed as having a chronic or debilitating medical condition, or a person whom the attending physician knows has been so diagnosed by another physician licensed to practice medicine pursuant to the provisions of chapter 630 of NRS [:]or licensed to practice osteopathic medicine pursuant to the provisions of chapter 633 of NRS:
(a) About the possible risks and benefits of the medical use of marijuana; or
(b) That the medical use of marijuana may mitigate the symptoms or effects of the person’s chronic or debilitating medical condition,
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if the advice is based on the attending physician’s personal
assessment of the person’s medical history and current medical condition.
2. Provided the written documentation required pursuant to paragraph (a) of subsection 2 of NRS 453A.210 for the issuance of a registry identification card or pursuant to subparagraph (1) of paragraph (b) of subsection 1 of NRS 453A.230 for the renewal of a registry identification card, if:
(a) Such documentation is based on the attending physician’s personal assessment of the person’s medical history and current medical condition; and
(b) The physician has advised the person about the possible risks and benefits of the medical use of marijuana.
Sec. 8. NRS 453A.740 is hereby amended to read as follows:
453A.740 The Director of the Department shall adopt such regulations as the Director determines are necessary to carry out the provisions of this chapter. The regulations must set forth, without limitation:
1. Procedures pursuant to which the State Department of Agriculture will, in cooperation with the Department of Motor Vehicles, cause a registry identification card to be prepared and issued to a qualified person as a type of identification card described in NRS 483.810 to 483.890, inclusive. The procedures described in this subsection must provide that the State Department of Agriculture will:
(a) Issue a registry identification card to a qualified person after the card has been prepared by the Department of Motor Vehicles; or
(b) Designate the Department of Motor Vehicles to issue a registry identification card to a person if:
(1) The person presents to the Department of Motor Vehicles valid documentation issued by the State Department of Agriculture indicating that the State Department of Agriculture has approved the issuance of a registry identification card to the person; and
(2) The Department of Motor Vehicles, before issuing the registry identification card, confirms by telephone or other reliable means that the State Department of Agriculture has approved the issuance of a registry identification card to the person.
2. Criteria for determining whether a marijuana plant is a mature marijuana plant or an immature marijuana plant.
3. Fees for:
(a) Providing to an applicant an application for a registry identification card, which fee must not exceed $50; and
(b) Processing and issuing a registry identification card, which fee must not exceed $150.
Sec. 9. NRS 633.521 is hereby amended to read as follows:
633.521 An osteopathic physician is not subject to disciplinary action solely for [prescribing] :
1. Prescribing or administering to a patient under his care:
[1.] (a) Amygdalin (laetrile), if the patient has consented to the use of the substance.
[2.] (b) Procaine hydrochloride with preservatives and stabilizers (Gerovital H3).
[3.] (c) A controlled substance which is listed in schedule II, III, IV or V by the State Board of Pharmacy pursuant to NRS 453.146, if the controlled substance is lawfully prescribed or administered for the treatment of intractable pain in accordance with accepted standards for the practice of osteopathic medicine.
2. Engaging in any activity in accordance with the provisions of chapter 453A of NRS.”.
Amend the title of the bill to read as follows:
“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.”.