Mich. Admin. Code R. 333.133 - Petition to add qualifying diseases or medical conditions; review panel; recommendations

Rule 33.

(1) The department shall accept a written petition on a form prescribed by the department from any person requesting that a particular medical condition or treatment be included in the list of debilitating medical conditions under section 3(b) of the act, MCL 333.26423. The petition must include current medical, empirical, and evidence-based data, including both of the following:

(a) A summary of the evidence that the use of marihuana will provide palliative or therapeutic benefit for the medical condition or a treatment of the medical condition.

(b) Articles published in peer-reviewed scientific journals reporting the results of research on the effects of marihuana on the medical condition or treatment of the medical condition and supporting why the medical condition should be added to the list of debilitating medical conditions under section 3(b) of the act, MCL 333.26423(b).

(2) If the petition does not contain current medical, empirical, and evidence-based data as described in subrule (1) of this rule that is specific to the proposed medical condition or treatment, the department shall return the petition to the petitioner as incomplete.

(3) Upon receipt of a petition that meets the requirements in subrule (1) of this rule, the department shall do all of the following:

(a) Transmit the petition to the panel for review.

(b) Give notice of a public hearing not less than 10 days before the date of the hearing.

(c) Accept comments on the petition for a period of 5 business days beginning on the date of the public hearing.

(4) After a public hearing, the department shall forward the petition and any public comments that were received during and after the hearing to the panel for discussion and to vote on a recommendation to the department director.

(5) Within 180 days of the date the petition is filed with the department, the department director shall make a final determination on the petition. The approval or denial of the petition is a final department action subject to judicial review under the act.

(6) If the petition is approved, the department shall create a document verifying the addition of the new medical condition or treatment to the list of debilitating medical conditions identified under section 3(b) of the act, MCL 333.26423. Until these rules are amended to officially recognize the medical condition as a qualifying debilitating medical condition, the department shall develop a policy that allows the new medical condition to be used as a qualifier for a registry identification card.

Notes

Mich. Admin. Code R. 333.133

2009 AACS; 2015 AACS; 2019 MR 20, Eff. 10/25/2019