2228.5. (a) A physician and surgeon shall not automatically deny treatment or medication to a qualified patient based solely on a positive drug screen for tetrahydrocannabinol (THC) or report of medical cannabis use without first completing a case-by-case evaluation of the patient that includes, but is not limited to, a determination that the qualified patient’s use of medical cannabis is medically significant to the treatment or medication.
(b) The use of medical cannabis that has been recommended by a licensed physician and surgeon shall not constitute the use of an illicit substance in the evaluation described in subdivision (a).
(c) No physician and surgeon shall be punished, or denied any right or privilege, for having administered treatment or medication to a qualified patient within the requirements of this section and consistent with the standard of care.
(d) For purposes of this section, the following terms have the following meanings:
(1) “Medically significant” means that a physician and surgeon has made a clinical determination that may include, but is not limited to, any of the following:
(A) The treatment or medication is contraindicated or is likely, or expected, to cause an adverse reaction or physical or mental harm to the qualified patient if administered or used in conjunction with THC or medical cannabis, based on the known clinical characteristics of the patient and the known characteristics and history of the patient’s treatment or medication regimen.
(B) The treatment or medication is expected to be ineffective based on the known clinical characteristics of the qualified patient and the known characteristics and history of the patient’s treatment or medication regimen.
(C) The treatment or medication, when administered or used in conjunction with THC or medical cannabis, is not clinically appropriate for the qualified patient because the treatment or medication is expected to do any of the following, as determined by a physician and surgeon:
(i) Worsen a comorbid condition.
(ii) Decrease the capacity to maintain a reasonable functional ability in performing daily activities.
(iii) Pose a significant barrier to adherence to, or compliance with, the qualified patient’s drug regimen or plan of care.
(D) Any other clinically or medically relevant determination.
(2) “Qualified patient” has the same meaning as defined in Section 11362.7 of the Health and Safety Code.
(Added by Stats. 2022, Ch. 232, Sec. 1. (AB 1954) Effective January 1, 2023.)
Structure California Code