Ohio Revised Code
Chapter 4731 | Physicians; Limited Practitioners
Section 4731.30 | Certificate to Recommend Medical Use of Marijuana.

Effective: March 23, 2022
Latest Legislation: House Bill 122 - 134th General Assembly
(A) As used in this section and sections 4731.301 and 4731.302 of the Revised Code, "medical marijuana," "drug database," "physician," and "qualifying medical condition" have the same meanings as in section 3796.01 of the Revised Code.
(B)(1) Except as provided in division (B)(4) of this section, a physician seeking to recommend treatment with medical marijuana shall apply to the state medical board for a certificate to recommend. An application shall be submitted in the manner established in rules adopted under section 4731.301 of the Revised Code.
(2) The board shall grant a certificate to recommend if both of the following conditions are met:
(a) The application is complete and meets the requirements established in rules.
(b) The applicant demonstrates that the applicant does not have an ownership or investment interest in or compensation arrangement with an entity licensed under Chapter 3796. of the Revised Code or an applicant for licensure.
(3) A certificate to recommend expires according to the renewal schedule established in rules adopted under section 4731.301 of the Revised Code and may be renewed in accordance with the procedures established in those rules.
(4) This section does not apply to a physician who recommends treatment with marijuana or a drug derived from marijuana under any of the following that is approved by an investigational review board or equivalent entity, the United States food and drug administration, or the national institutes of health or one of its cooperative groups or centers under the United States department of health and human services:
(a) A research protocol;
(b) A clinical trial;
(c) An investigational new drug application;
(d) An expanded access submission.
(C)(1) A physician who holds a certificate to recommend may recommend that a patient be treated with medical marijuana if all of the following conditions are met:
(a) The patient has been diagnosed with a qualifying medical condition;
(b) A bona fide physician-patient relationship has been established through all of the following:
(i) An examination of the patient by the physician either in person or through the use of telehealth services in accordance with section 4743.09 of the Revised Code;
(ii) A review of the patient's medical history by the physician;
(iii) An expectation of providing care and receiving care on an ongoing basis.
(c) The physician has requested, or a physician delegate approved by the state board of pharmacy has requested, from the drug database a report of information related to the patient that covers at least the twelve months immediately preceding the date of the report, and the physician has reviewed the report.
(2) In the case of a patient who is a minor, the physician may recommend treatment with medical marijuana only after obtaining the consent of the patient's parent or other person responsible for providing consent to treatment.
(D)(1) When issuing a written recommendation to a patient, the physician shall specify any information required in rules adopted by the board under section 4731.301 of the Revised Code.
(2) A written recommendation issued to a patient under this section is valid for a period of not more than ninety days. The physician may renew the recommendation for not more than three additional periods of not more than ninety days each. Thereafter, the physician may issue another recommendation to the patient only upon an examination of the patient as described in division (C)(1)(b)(i) of this section.
(E) Annually, the physician shall submit to the state medical board a report that describes the physician's observations regarding the effectiveness of medical marijuana in treating the physician's patients during the year covered by the report. When submitting reports, a physician shall not include any information that identifies or would tend to identify any specific patient.
(F) Each physician who holds a certificate to recommend shall complete annually at least two hours of continuing medical education in medical marijuana approved by the state medical board.
(G) A physician shall not do any of the following:
(1) Personally furnish or otherwise dispense medical marijuana;
(2) Issue a recommendation for a family member or the physician's self.
(H) A physician is immune from civil liability, is not subject to professional disciplinary action by the state medical board or state board of pharmacy, and is not subject to criminal prosecution for any of the following actions:
(1) Advising a patient, patient representative, or caregiver about the benefits and risks of medical marijuana to treat a qualifying medical condition;
(2) Recommending that a patient use medical marijuana to treat or alleviate the condition;
(3) Monitoring a patient's treatment with medical marijuana.
Last updated January 20, 2022 at 3:22 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 47 | Occupations-Professions

Chapter 4731 | Physicians; Limited Practitioners

Section 4731.01 | State Medical Board.

Section 4731.02 | Organization of Board.

Section 4731.03 | Compensation and Expenses of Board.

Section 4731.04 | Definitions.

Section 4731.05 | Administrative Rules.

Section 4731.051 | Administrative Rules for Universal Blood and Body Fluid Precautions.

Section 4731.052 | Administrative Rules for Management of Chronic Pain With Controlled Substances.

Section 4731.053 | Administrative Rules for Physician's Delegation of Medical Task.

Section 4731.054 | Operation of Pain Management Clinics; Supervision and Control of Employees, Volunteers and Contractors.

Section 4731.055 | Conditions for Prescribing Opioid Analgesics or Benzodiazepine Drugs; Adoption of Rules Regarding Review Drug Database.

Section 4731.056 | Rules for Physicians Regarding Use of Controlled Substances in Schedule Iii, Iv, or V for Medication-Assisted Treatment.

Section 4731.057 | Rules Regarding Prescriptions for Drugs That May Be Administered by Pharmacist.

Section 4731.06 | Board Meetings.

Section 4731.07 | Records.

Section 4731.071 | Internet Directory of Certificates and Licenses Issued by Board.

Section 4731.08 | License Applicant to Comply With Rc Chapter 4776.

Section 4731.09 | Qualifications for License to Practice Medicine and Surgery or Osteopathic Medicine and Surgery.

Section 4731.091 | Qualified Graduate of Fifth Pathway Training Program.

Section 4731.10 | Verification of Certification or Licensure for Licensure in Another State.

Section 4731.11 | Interstate Medical Licensure Compact.

Section 4731.111 | Commissioners to the Interstate Medical Licensure Compact Commission.

Section 4731.112 | Criminal Background Checks Under the Compact.

Section 4731.14 | Review of Applications; Issuance of License.

Section 4731.142 | English Language Proficiency.

Section 4731.143 | Notice of Lack of Coverage of Medical Malpractice Insurance.

Section 4731.15 | Regulating Massage Therapy.

Section 4731.151 | Legacied Naprapaths and Mechanotherapists.

Section 4731.152 | Massage Therapy Advisory Council.

Section 4731.155 | Rules Regarding Continuing Education.

Section 4731.16 | Determination of Standards; Examinations.

Section 4731.17 | Issuance of License.

Section 4731.171 | License Applicant to Comply With Rc Chapter 4776.

Section 4731.19 | License to Practice a Limited Branch of Medicine.

Section 4731.20 | State Medical Board - Powers and Duties.

Section 4731.21 | Limitations Prescribed.

Section 4731.22 | Disciplinary Actions.

Section 4731.221 | Suspending License or Certificate of Mentally Ill or Mentally Incompetent Practitioner.

Section 4731.222 | Determining Applicant's Fitness to Resume Practice.

Section 4731.223 | Reporting Convictions.

Section 4731.224 | Reporting Misconduct.

Section 4731.225 | Civil Penalty.

Section 4731.226 | Offering Services Through Authorized Business Entity.

Section 4731.227 | Using Alternative Medical Treatments.

Section 4731.228 | Termination of Physician's Employment With a Health Care Entity; Notice to Patients.

Section 4731.229 | Effect of Disciplinary Action on Certificate to Recommend.

Section 4731.23 | Designating Attorney Hearing Examiner.

Section 4731.24 | State Medical Board Operating Fund - Receipts of State Medical Board.

Section 4731.241 | Solicitation and Acceptance of Funds for Programs Related to Patient Safety and Education, Supply and Demand of Health Care Professionals, and Information Sharing.

Section 4731.25 | Administrative Rules for Treatment Providers for Impaired Practitioners.

Section 4731.251 | One-Bite Program.

Section 4731.252 | Practitioner Eligibility.

Section 4731.253 | Applicant Eligibility.

Section 4731.254 | [Former r.c. 4731.253, Renumbered by h.b. 122 of the 134th General Assembly, Effective 3/23/2022] Liability.

Section 4731.26 | Duplicate Certificates.

Section 4731.27 | Standard Care Arrangements.

Section 4731.281 | License Renewal.

Section 4731.282 | Continuing Education - Domestic Violence and Its Relationship to Child Abuse.

Section 4731.291 | Application for Training Certificate.

Section 4731.293 | Clinical Research Faculty Certificate.

Section 4731.294 | Special Activity Certificate.

Section 4731.295 | Volunteer's Certificate.

Section 4731.297 | Certificate of Conceded Eminence.

Section 4731.298 | Visiting Clinical Professional Development Certificate.

Section 4731.299 | Expedited License to Practice Medicine and Surgery or Osteopathic Medicine and Surgery by Endorsement.

Section 4731.30 | Certificate to Recommend Medical Use of Marijuana.

Section 4731.301 | Adoption of Rules Regarding Certificate to Recommend.

Section 4731.302 | Requests for Disease or Condition to Be Added as Qualifying Medical Condition for Medical Marijuana Treatment.

Section 4731.31 | Rural Hospital May Employ a Physician.

Section 4731.33 | Use of Light-Based Medical Devices for Hair Removal.

Section 4731.34 | Unauthorized Practice.

Section 4731.341 | Injunctions.

Section 4731.35 | Exemption of Nurse Anesthetist and Anesthesiologist Assistant.

Section 4731.36 | Exceptions.

Section 4731.38 | Approval of Vouchers.

Section 4731.39 | Enforcement.

Section 4731.391 | Use of Information Gathered and Disseminated Through Ohio Law Enforcement Gateway.

Section 4731.40 | Distributing Fines.

Section 4731.41 | Practicing Medicine Without License or Certificate.

Section 4731.43 | Practicing Osteopathy Without License; Exception.

Section 4731.44 | Copy of Prescription to Be Given to Patient.

Section 4731.46 | Issuing False Medical Diploma.

Section 4731.47 | Selling False Medical Diploma.

Section 4731.48 | Physician Giving False Certificate of Disability.

Section 4731.481 | Enabling Person to Retain Handicapped Parking Privileges.

Section 4731.49 | Physician Making an Unlawful Prescription for Intoxicating Liquor.

Section 4731.50 | Further Punishment of Physician So Convicted.

Section 4731.51 | Defining Practice of Podiatric Medicine and Surgery.

Section 4731.511 | Hyperbaric Oxygen Therapy.

Section 4731.512 | Authority to Administer Vaccinations.

Section 4731.52 | Filing Application to Practice Podiatric Medicine and Surgery.

Section 4731.531 | Certificate Applicant to Comply With Rc Chapter 4776.

Section 4731.56 | Issuing License to Practice Podiatric Medicine.

Section 4731.572 | Visiting Podiatric Faculty Certificate.

Section 4731.573 | Training Certificate.

Section 4731.60 | Prohibited Acts; Exceptions.

Section 4731.61 | Disciplinary Actions.

Section 4731.62 | Patients Suspected of Drug Overdose; Referral to Mental Health Professional.

Section 4731.65 | Conflict of Interest Limitations on Patient Referrals Definitions.

Section 4731.66 | Prohibiting Referrals and Cross-Referrals for Designated Health Service.

Section 4731.67 | Referrals - Exceptions to Prohibited Acts.

Section 4731.68 | Ownership of Investment Securities.

Section 4731.69 | Timely Refunds.

Section 4731.70 | Administrative Rules.

Section 4731.71 | Detecting and Reporting Violations.

Section 4731.72 | Physician's Bill for Anatomical Pathology Services.

Section 4731.73 | Adherence to Napbc Standards.

Section 4731.74 | Adoption of Rules Governing Prescriptions Given to Persons Without Examination.

Section 4731.741 | Telehealth Services.

Section 4731.75 | Fees in Excess of Statutory Amounts.

Section 4731.76 | Effect of Child Support Default on License or Certificate.

Section 4731.81 | Witness to Administration of General Anesthetic.

Section 4731.82 | Woman Appearing Before Physician Regarding Fetal Death.

Section 4731.83 | Medication-Assisted Treatment; Compliance With Laws and Regulations.

Section 4731.85 | Recognition for Volunteer Medical Services.

Section 4731.90 | Protocol for Pharmacist to Dispense Nicotine Replacement Therapy.

Section 4731.91 | No Requirement for Abortions.

Section 4731.911 | Physician Responsibilities in a Non-Hospital Setting.

Section 4731.92 | Furnishing or Prescribing Glucagon, Immunity.

Section 4731.93 | Authority to Prescribe or Furnish Drugs to Sexual Partner of a Patient Diagnosed With Chlamydia, Gonorrhea, or Trichomoniasis.

Section 4731.94 | Authority to Supply Overdose Reversal Drugs.

Section 4731.941 | Authority to Personally Furnish Supply of Overdose Reversal Drugs.

Section 4731.942 | Authorization for Pharmacist to Dispense Overdose Reversal Drugs.

Section 4731.943 | Authority for Service Entity Employee, Volunteer, or Contractor to Administer Overdose Reversal Drugs.

Section 4731.95 | Compliance With Law Regarding Sanctions for Human Trafficking.

Section 4731.96 | Epinephrine Autoinjectors.

Section 4731.961 | Authority to Dispense Epinephrine Without a Prescription.

Section 4731.97 | Eligible Patients.

Section 4731.98 | State Medical Board - Immunity.

Section 4731.99 | Penalty.