30 Miss. Code. R. 2901-12.2 - Definitions for Part 2901, Chapter 12
For the purposes of Part 2901, Chapter 12 the following terms have the meanings indicated:
A.
"Bona-fide practitioner-patient relationship" means:
1) A certifying 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 certifying
practitioner has consulted in person with the patient with respect to the
patient's debilitating medical condition; and
3) The certifying 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.
"Certifying practitioner" means any Optometrist who is
licensed to prescribe under the licensing requirements set forth in the
Administrative Code and the laws of this state, who maintains a current and
unrestricted Mississippi optometry license, has satisfied all continuing
education requirements, and who has registered with both the Mississippi Board
of Optometry and the Mississippi State Department of Health to certify patients
as qualifying patients.
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 the act which shall be rational to the State Board of Optometry
practice.
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 in this chapter in
R.12.2(E).
H.
"Qualifying Patient" means a person who has been
diagnosed by a certifying practitioner as having a debilitating medical
condition and has been issued a written certification, or who is eligible to
receive such certification, under the Act.
I. "Scope of
Practice" means the defined parameters of various duties, services
or activities that may be provided or performed by a certifying practitioner
under state law Miss. Code Ann. §
73-19-1 and the rules and
regulations adopted by the Board.
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, and that includes 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 number; and
4) The practitioner's signature.
Notes
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