16-12-502. Definitions. As used in this part, the following definitions apply:
(1) "Referral physician" means an individual who:
(a) is licensed under Title 37, chapter 3; and
(b) is the physician to whom a patient's treating physician has referred the patient for physical examination and medical assessment.
(2) "Standard of care" means, at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:
(a) obtaining the patient's medical history;
(b) performing a relevant and necessary physical examination;
(c) reviewing prior treatment and treatment response for the debilitating medical condition;
(d) obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;
(e) discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;
(f) monitoring the response to treatment and possible adverse effects; and
(g) creating and maintaining patient records that remain with the physician.
(3) "Telemedicine" has the meaning provided in 37-3-102.
(4) "Treating physician" means an individual who:
(a) is licensed under Title 37, chapter 3; and
(b) has a bona fide professional relationship with the individual applying to be a registered cardholder.
(5) "Written certification" means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care.
History: En. Sec. 10, Ch. 576, L. 2021.
Structure Montana Code Annotated
Title 16. Alcohol, Tobacco, and Marijuana
Chapter 12. Marijuana Regulation and Taxation
16-12-504. through 16-12-507 reserved
16-12-508. Individuals with debilitating medical conditions -- requirements -- minors -- limitations
16-12-509. Written certification -- accompanying statements
16-12-510. through 16-12-512 reserved
16-12-513. Registry identification card to be exhibited on demand -- photo identification required
16-12-514. Health care facility procedures for patients with marijuana for use
16-12-515. Legal protections -- allowable amounts
16-12-516. through 16-12-519 reserved
16-12-520. Prohibitions on physician affiliation with licensees -- sanctions
16-12-521. and 16-12-522 reserved
16-12-523. Unlawful conduct by cardholders -- penalties
16-12-524. Fraudulent representation -- penalties
16-12-525. Confidentiality of registry information -- penalty
16-12-526. Law enforcement authority
16-12-527. through 16-12-531 reserved