Passed by the MMS House of Delegates, December 1, 2012
Resolved:
1.
That given the approval of the binding ballot initiative entitled “An
Act for the Humanitarian Medical Use of Marijuana,” in order for the MMS
to participate in necessary clarifications, definitions, and review of
regulations development, the following directive adopted at the 2012
Annual Meeting be rescinded:
That until such time
as marijuana is approved for use by the Food and Drug Administration and
is no longer classified in schedule I by the Drug Enforcement
Administration, the MMS cannot support legislation intended to involve
physicians in certifying, authorizing, or otherwise directing persons in
the area of medicinal marijuana outside of scientific clinical trials.
2.
That the MMS work with the MA Board of Registration in Medicine (BORIM)
to define the nature of the relevant physician-patient relationship
required under “An Act for the Humanitarian Medical Use of Marijuana”
including an appropriate reassessment interval and required parent or
guardian permission for individuals less than 18 years old.
3.
That the MMS advocate for the development of appropriate standards for
marijuana certifications by physicians, including that physicians must
have an active license from the Massachusetts Board of Registration in
Medicine, a Massachusetts Department of Public Health Controlled
Substances registration, and a federal Drug Enforcement Agency
registration.
4. That the MMS advocate that written certifications for marijuana registration cards are based on:
a) The patient’s diagnosis; and
b)
The physician’s assessment that the patient’s symptoms of spasticity,
neuropathic pain or other symptoms determined by the Department of
Public Health are not optimally controlled with conventional medical
therapy; and, be it further
5. That the MMS advocate
that the regulations take into consideration the implications of medical
use of marijuana on occupational health and safety.
6. That the
MMS advocate to the BORIM and the Department of Public Health that
relevant regulations include the following recommendations of the
American Society on Addiction Medicine adopted April 12, 2010, that
physicians who choose to provide certifications:
- ...Adhere to the established professional tenets of proper patient care, including
- Development of a treatment plan with objectives;
- Provision of informed consent, including discussion of side effects;
- Periodic review of the treatment’s efficacy;
- Consultation, as necessary; and
- Proper record keeping that supports the decision to recommend the use of cannabis
- …should have a pre-existing and ongoing relationship with the patient as a treating physician
- Ensure that the issuance of “recommendations” is not a disproportionately large (or even exclusive) aspect of their practice
- Have adequate training in identifying substance abuse and addiction.
7.
That the MMS advocate with the MA Department of Public Health and the
MA Legislature that marijuana dispensing be integrated with, and
therefore be part of, the existing DPH Prescription Monitoring Program.
8.
That the MMS work with the BORIM to clarify that the mandated peer
reporting requirements do not apply to physicians who choose to provide
certifications under the Medical Use of Marijuana law.