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1(j) “Qualifying patient” has the meaning given in s. 961.01 (20hm).
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(k) “Registrant” means a person to whom a registry identification card is issued
3under sub. (3).
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(L) “Registry identification card” means a document issued by the commission
5under sub. (3) that identifies a person as a qualifying patient or primary caregiver.
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6(2) Recommendations; requirements and limitations. (a) A physician,
7physician assistant, or certified advanced practice nurse prescriber who is certified
8under sub. (3) (c) 2. may recommend the use of medical marijuana to treat a patient
9if all of the following apply:
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1. The patient has been diagnosed with a qualifying medical condition and the
11physician, physician assistant, or certified advanced practice nurse prescriber
12advises the use of medical marijuana to treat that condition or the symptoms of that
13condition.
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2. A health care provider-patient relationship has been established between
15the physician, physician assistant, or certified advanced practice nurse prescriber
16and the patient through all of the following:
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a. An in-person physical examination of the patient by the physician, physician
18assistant, or certified advanced practice nurse prescriber.
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b. A review of the patient's medical history by the physician, physician
20assistant, or certified advanced practice nurse prescriber.
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c. An expectation of the physician, physician assistant, or certified advanced
22practice nurse prescriber providing care, and the patient receiving care from the
23physician, physician assistant, or certified advanced practice nurse prescriber, on an
24ongoing basis.
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13. If the patient is a minor, the physician, physician assistant, or certified
2advanced practice nurse prescriber has obtained the consent of the patient's parent,
3guardian, or legal custodian.
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(b) The physician, physician assistant, or certified advanced practice nurse
5prescriber may not recommend the use of medical marijuana under this subsection
6for himself or herself or to any member of his or her immediate family or household.
7The physician, physician assistant, or certified advanced practice nurse prescriber
8may not have any financial interest in a medical marijuana producer, processor, or
9dispensary.
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(c) When recommending the use of medical marijuana, a physician, physician
11assistant, or certified advanced practice nurse prescriber shall include on the
12recommendation the patient's name and the name of the recommending physician,
13physician assistant, or certified advanced practice nurse prescriber and a
14recommended usage and shall specify any other information required in rules
15promulgated by the commission, in consultation with the medical examining board.
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16(3) Application; registry; identification card. (a) An applicant who is a
17qualifying patient may apply for a registry identification card by submitting to the
18commission a signed application form containing or accompanied by all of the
19following:
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1. His or her name, address, and date of birth.
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2. A written recommendation provided under sub. (2) that is no more than 30
22days old as of the date the application is filed.
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3. The name, address, and telephone number of the physician, physician
24assistant, or certified advanced practice nurse prescriber who provided the
25recommendation included with the application.
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14. A registration fee in an amount determined by the commission.
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(b) 1. A registrant or an applicant who is a qualifying patient may jointly apply
3to the commission with another person for a registry identification card for the other
4person, designating the other person as a primary caregiver for the registrant or
5applicant, if the other person is at least 21 years of age and, notwithstanding ss.
6111.321, 111.322, and 111.335, has never been convicted of a criminal violation of the
7federal Controlled Substances Act under
21 USC 801 to
971, the Uniform Controlled
8Substances Act under ch. 961, or any controlled substances law of another state. The
9department of justice shall provide information to the commission necessary to
10determine whether this requirement is met. Both persons who jointly apply for a
11registry identification card under this subdivision shall sign the application form,
12which shall contain the name, address, and date of birth of the individual applying
13to be registered as a primary caregiver.
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2. Except as provided under par. (c), a registrant or an applicant who is a
15qualifying patient may designate only one primary caregiver under subd. 1. unless
16the commission grants an exception to allow for an additional designation.
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3. A primary caregiver designated by a person under subd. 1. may not be
18designated as a primary caregiver for more than one qualifying patient or applicant
19unless the patients or applicants live in the same residence or unless the commission
20otherwise allows.
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(c) 1. The commission shall promulgate rules specifying how a parent,
22guardian, or legal custodian of a minor may apply for a registry identification card
23for himself or herself and for the minor and the circumstances under which the
24commission may approve or deny the application. The commission shall require a
25minor who is a qualifying patient or an applicant to have the minor's parent,
1guardian, or legal custodian designated as a primary caregiver under par. (b).
2Notwithstanding par. (b) 2., a minor may designate both parents as primary
3caregivers.
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2. The commission shall establish procedures for physicians, physician
5assistants, and certified advanced practice nurse prescribers to apply for
6certification and to be certified to recommend the use of medical marijuana under
7this section. An applicant for certification under this subdivision shall provide the
8applicant's name, office address, contact information, and medical license number.
9The applicant shall also provide written documentation that the applicant is
10authorized to dispense controlled substances under
21 USC 821 to
832 and provide
11on the application the applicant's registration number issued by the federal
12department of justice drug enforcement administration. In addition, the applicant
13shall provide written documentation that the applicant has completed at least 4
14hours of continuing education to assist in diagnosing qualifying medical conditions
15and treating such conditions with medical marijuana. A person certified in
16accordance with this subdivision shall keep complete and accurate records of the
17recommendations made and the qualifying patients for whom the recommendations
18are made under this section and shall report to the commission, at the commission's
19request, the number of recommendations made and for whom.
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(d) A registry identification card issued under this subsection expires after one
21year.
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(e) A registrant, whether a qualifying patient or primary caregiver, may not
23plant, grow, cultivate, or harvest marijuana without a valid producer license under
24s. 73.17.
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1(f) An applicant who is a qualifying patient must have resided in the state, in
2accordance with the qualifications set forth in s. 6.10, for at least 10 consecutive days
3before submitting an application to the commission under this subsection.
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(g) A person may not register as a qualifying patient or primary caregiver or
5hold a registry identification card while serving a term of imprisonment or on parole
6or probation.
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(h) The commission shall maintain a list of all registrants.
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(i) Notwithstanding s. 19.35 and except as provided in par. (j), the commission
9may not disclose information from an application submitted or a registry
10identification card issued under this subsection.
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(j) The commission may disclose to state or local law enforcement agencies
12information from an application submitted by, or from a registry identification card
13issued to, a specific person under this subsection for the purpose of verifying that the
14person possesses a valid registry identification card.