7 AAC 34.200 - Petitions for addition of debilitating conditions

(a) The department will accept and consider physician or patient initiated petitions to add other debilitating medical conditions to those permitted under AS 17.37.070 using the procedure provided in this section.

(b) A petition submitted under this section must provide at least the following information:

(1) the petitioner's name, address, and telephone number;

(2) a medical description of the condition proposed to be added as a debilitating medical condition;

(3) a description of relevant medical indicators, including references to or copies of available medical studies and reports, that show that

(A) the condition identified is debilitating;

(B) the medicinal use of marijuana is likely to benefit a patient with the condition; and

(C) the condition can be accurately diagnosed by a physician.

(c) If a petition does not meet the requirements of (b) of this section, the department will deny the petition within 30 days after receipt.

(d) After receipt of a petition that meets the requirements of (b) of this section, the department will schedule the matter for public hearing and will provide notice to the public that the department is considering adoption of a regulation that would add a new debilitating medical condition to those permitted under AS 17.37.070. The department will consider a proposal received under AS 17.37.060 in accordance with the procedures set out at AS 44.62.190-44.62.230 and this section.

(e) The department will, in its discretion, convene a group of qualified individuals to evaluate and make recommendations on the petition to the department. The group must include at least two physicians, a representative from the Department of Public Safety, and a representative from the Department of Law.

(f) When considering a petition, the department will, and any group convened by the department under (e) of this section shall, evaluate whether

(1) medical indicators establish that

(A) the condition listed in the petition is debilitating;

(B) the medicinal use of marijuana is likely to benefit a patient with that condition; and

(C) the condition can be accurately diagnosed by a physician; and

(2) in the discretion of the department, other factors provide medical support for evaluating the petition.

(g) The department will approve or deny a petition submitted under (b) of this section within 180 days after its receipt. If a petition is denied, the department will issue a written notice of denial to the petitioner within 10 days of the department's decision and state in the notice the reason for the denial. The department's decision to deny a petition is a final agency decision that may be appealed to the superior court in accordance with the Alaska Rules of Appellate Procedure.

Notes

7 AAC 34.200

Eff. 6/1/99, Register 150

Authority:AS 17.37.010

AS 17.37.060

AS 18.05.040