30 Miss. Code. R. 2840-2.2 - Definitions for Part 2840, Chapter 2
For purposes of Part 2840, Chapter 2, the following terms have the meanings indicated:
A.
"Bona-fide practitioner-patient relationship" means:
1) A practitioner and patient have a
treatment or consulting relationship, during the course of which the certifying
practitioner, within his or her scope of practice, has completed an in-person
assessment of the patient's medical history and current mental health and
medical condition and has documented their certification in the patient's
medical records;
2) The
practitioner has consulted in person with the patient with respect to the
patient's debilitating medical condition; and
3) The practitioner is available to or offers
to provide follow-up care and treatment to the patient.
B. "Cannabis" means all parts of the plant of
the genus cannabis, the flower, the seeds thereof, the resin extracted from any
part of the plant and every compound, manufacture, salt, derivative, mixture or
preparation of the plant, its seeds or its resin, including whole plant
extracts. Such term shall not mean cannabis-derived drug products approved by
the federal Food and Drug Administration under Section 505 of the Federal Food,
Drug, and Cosmetic Act.
C. For the
purposes of this Chapter, "Practitioner" means a nurse practitioner who is
licensed to prescribe medicine under the licensing requirements of the Boards
and the laws of this state. In relation to a nonresident cardholder, the term
means a nurse practitioner who is licensed to prescribe medicine under the
licensing requirements of their respective occupational boards and under the
laws of the state or territory in which the nonresident patient resides. For
registered qualifying patients who are minors, "practitioner" shall mean a
nurse practitioner who is licensed to prescribe medicine under the licensing
requirements of the Board and the laws of this state.
D. "Chronic pain" means a pain state in which
the cause of the pain cannot be removed or otherwise treated, and which in the
generally accepted course of medical practice, no relief or cure of the cause
of the pain is possible, or none has been found after reasonable efforts by the
certifying practitioner.
E.
"Debilitating medical condition" means:
1)
Cancer, Parkinson's disease, Huntington's disease, muscular dystrophy,
glaucoma, spastic quadriplegia, positive status for human immunodeficiency
virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis, amyotrophic
lateral sclerosis (ALS), Crohn's disease, ulcerative colitis, sickle-cell
anemia, Alzheimer's disease, agitation of dementia, post-traumatic stress
disorder (PTSD), autism, pain refractory to appropriate opioid management,
diabetic/peripheral neuropathy, spinal cord disease or severe injury, or the
treatment of these conditions;
2) A
chronic, terminal or debilitating disease or medical diagnosis, or its
treatment, that produces one or more of the following: cachexia or wasting
syndrome, chronic pain, severe or intractable nausea, seizures, or severe and
persistent muscle spasms, including, but not limited to, those characteristics
of multiple sclerosis; or
3) Any
other serious medical condition or its treatment added by the Mississippi
Department of Health, as provided for in Section
41-137-17.
F. "Medical use" includes the acquisition,
administration, cultivation, processing, delivery, harvest, possession,
preparation, transfer, transportation, or use of medical cannabis or equipment
relating to the administration of medical cannabis to treat or alleviate a
registered qualifying patient's debilitating medical condition or symptoms
associated with the patient's debilitating medical condition. The term "medical
use" does not include:
1) The cultivation of
cannabis unless the cultivation is done by a cannabis cultivation facility;
or
2) the extraction of resin from
cannabis by mechanical or chemical extraction unless the extraction is done by
a cannabis processing facility.
G. "Qualifying Condition" means any condition
as described and defined in Section
41-137-3(r) and
in R.1.2
(E) of this Chapter.
H. "Qualifying Patient" means a person who
has been diagnosed by a practitioner as having a debilitating medical condition
and has been as described and defined in Section
41-137-3(r)(1)
and has been issued a written certification, or who is eligible to receive such
certification, under Section
41-137-5.
I. "Scope of Practice" means the defined
parameters of various duties, services or activities that may be provided or
performed by a practitioner as authorized under state law and the rules and
regulations adopted by the Board for those practitioners.
J. "Written Certification" means a form
approved by the Mississippi State Department of Health, signed and dated by a
certifying practitioner, certifying that a person has a debilitating medical
condition. A written certification shall include the following:
1) The date of issue and the effective date
of the recommendation;
2) The
patient's name, date of birth and address;
3) The practitioner's name, address, and
federal Drug Enforcement Agency [DEA] number; and
4) The practitioner's signature.
Notes
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No prior version found.