Ariz. Admin. Code § R9-17-106 - Adding a Debilitating Medical Condition
A. An entity may request the addition of a
medical condition to the list of debilitating medical conditions in
R9-17-201 by submitting to the
Department, at the times specified in subsection (C), the following in writing:
1. The entity's name;
2. The entity's mailing address, name of
contact individual, telephone number, and, if applicable, e-mail
address;
3. The name of the medical
condition the entity is requesting be added;
4. A description of the symptoms and other
physiological effects experienced by an individual suffering from the medical
condition or a treatment of the medical condition that may impair the ability
of the individual to accomplish activities of daily living;
5. The availability of conventional medical
treatments to provide therapeutic or palliative benefit for the medical
condition or a treatment of the medical condition;
6. A summary of the evidence that the use of
marijuana will provide therapeutic or palliative benefit for the medical
condition or a treatment of the medical condition; and
7. Articles, published in peer-reviewed
scientific journals, reporting the results of research on the effects of
marijuana on the medical condition or a treatment of the medical condition
supporting why the medical condition should be added.
B. The Department shall:
1. Acknowledge in writing the Department's
receipt of a request for the addition of a medical condition to the list of
debilitating medical conditions listed in
R9-17-201 within 30 calendar days
after receiving the request;
2.
Review the request to determine if the requester has provided evidence that:
a. The specified medical condition or
treatment of the medical condition impairs the ability of the individual to
accomplish activities of daily living, and
b. Marijuana usage provides a therapeutic or
palliative benefit to an individual suffering from the medical condition or
treatment of the medical condition;
3. Within 90 calendar days after receiving
the request, notify the requester that the Department has determined that the
information provided by the requester:
a.
Meets the requirements in subsection (B)(2) and the date the Department will
conduct a public hearing to discuss the request; or
b. Does not meet the requirements in
subsection (B)(2), the specific reason for the determination, and the process
for requesting judicial review of the Department's determination pursuant to
A.R.S. Title 12, Chapter 7, Article 6;
4. If applicable:
a. Schedule a public hearing to discuss the
request;
b. Provide public notice
of the public hearing by submitting a Notice of Public Information to the
Office of the Secretary of State, for publication in the Arizona Administrative
Register at least 30 calendar days before the date of the public
hearing;
c. Post a copy of the
request on the Department's web site for public comment at least 30 calendar
days before the date of the public hearing; and
d. Hold the public hearing no more than 150
calendar days after receiving the request; and
5. Within 180 calendar days after receiving
the request:
a. Add the medical condition to
the list of debilitating medical conditions, or
b. Provide written notice to the requester of
the Department's decision to deny the request that includes:
i. The specific reasons for the Department's
decision; and
ii. The process for
requesting judicial review of the Department's decision pursuant to A.R.S.
Title 12, Chapter 7, Article 6.
C. The Department shall accept requests for
the addition of a medical condition to the list of debilitating medical
conditions in
R9-17-201 in January and July of
each calendar year starting in January 2012.
Notes
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