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An Act To Allow a Qualifying Patient To Use Medical Marijuana in a Hospital
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §2422, sub-§8-A, as amended by PL 2013, c. 396, §1, is further amended to read:
 
8-A. Primary caregiver.   "Primary caregiver" means a person or an employee of that person, a hospice provider licensed under chapter 1681 or, a nursing facility licensed under chapter 405 or a hospital licensed under chapter 405 that provides care for a qualifying patient in accordance with section 2423-A, subsection 2. A person who is a primary caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense.
Sec. 2. 22 MRSA §2423-A, sub-§1, ¶E, as amended by PL 2011, c. 407, Pt. B, §16, is further amended to read:
 
E.  Designate one person, hospice provider or, nursing facility or hospital as a primary caregiver to assist with the qualifying patient's medical use of marijuana in a standardized written document, developed by the department, signed and dated by the qualifying patient, including a one-year expiration and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver. A 2nd person or, hospice provider or, nursing facility or hospital may be designated as a 2nd primary caregiver if the patient is under 18 years of age. The primary caregivers for a patient are determined solely by the patient's preference except that a parent, guardian or person having legal custody shall serve as a primary caregiver for a minor child;
Sec. 3. 22 MRSA §2423-A, sub-§1, ¶F, as amended by PL 2013, c. 396, §2, is further amended to read:
 
F. Designate one primary caregiver or a registered dispensary to cultivate marijuana for the medical use of the patient, except that a hospice provider or, a nursing facility or a hospital that is designated as a primary caregiver by a patient and the staff of the provider or, facility or hospital may not be designated to cultivate marijuana for the patient. The qualifying patient must designate the primary caregiver or registered dispensary to cultivate for the patient in a standardized written document, developed by the department, signed and dated by the qualifying patient, which must include a one-year expiration, the total number of mature plants the primary caregiver is designated to cultivate and the signed acknowledgment of the primary caregiver that the primary caregiver may be contacted to confirm the designation of the primary caregiver to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient or the signed acknowledgment of a person on behalf of the registered dispensary that the registered dispensary may be contacted to confirm the designation of the dispensary to cultivate for the patient and the number of mature plants to be cultivated and being cultivated for the patient;
Sec. 4. 22 MRSA §2423-A, sub-§4, as enacted by PL 2009, c. 631, §21 and affected by §51, is amended to read:
 
4. Hospice provider, nursing facility or hospital.   A registered patient may name a hospice provider licensed under chapter 1681 or, a nursing facility licensed under chapter 405 or a hospital licensed under chapter 405 to serve as a registered primary caregiver. If a hospice provider or, nursing facility or hospital is named as a primary caregiver, the provider or, facility or hospital shall complete the registration process with the department and obtain a primary caregiver registration card and the staff of the provider or, facility or hospital shall obtain registry identification cards. To be issued a registry identification card, a staff person of a hospice provider or, nursing facility or hospital that has been named as a primary caregiver must be at least 21 years of age and may not have been convicted of a disqualifying drug offense. The hospice provider or, nursing facility or hospital and the staff of the provider or, facility or hospital may not cultivate marijuana for the patient.
Sec. 5. 22 MRSA §2423-A, sub-§4-A, as enacted by PL 2013, c. 520, §1, is amended to read:
 
4-A. Use and storage in inpatient hospice provider, nursing facility or hospital permitted.   A qualifying patient who is a resident of a hospice provider facility licensed under chapter 1681 or a nursing facility licensed under chapter 405 or who is an admitted patient of a hospital licensed under chapter 405, while in the hospice provider facility or, nursing facility or hospital, may use forms of prepared marijuana that are not smoked, including, but not limited to, vaporized marijuana, edible marijuana and tinctures and salves of marijuana. A qualifying patient who uses a form of prepared marijuana pursuant to this subsection may store the prepared marijuana in the qualifying patient's room and is not required to obtain a registry identification card or to designate the hospice provider or, nursing facility or hospital as a primary caregiver under subsection 4. A hospice provider or, nursing facility or hospital is not required to be named as a primary caregiver by a qualifying patient who uses prepared marijuana pursuant to this subsection. This subsection does not limit the ability of a hospice provider or nursing facility to prohibit or restrict the use or storage of prepared marijuana by a qualifying patient.
Sec. 6. 22 MRSA §2424, sub-§3, as amended by PL 2013, c. 394, §1, is further amended to read:
 
3. Registry identification cards.   The department shall adopt rules governing the manner in which it considers applications for and renewals of registry identification cards for registered patients, registered primary caregivers, principal officers, board members and employees of dispensaries and staff of hospice providers and, nursing facilities and hospitals designated as primary caregivers. The department's rules must require the submission of an application, must require replacement of a registry identification card that has been lost, destroyed or stolen or that contains information that is no longer accurate and must establish application and renewal fees that generate revenues sufficient to offset all expenses of implementing and administering this chapter and that are consistent with the provisions of section 2425, subsection 12. The department may establish a sliding scale of application and renewal fees based upon a registered patient's family income and status as a veteran of the Armed Forces of the United States. The department may accept donations from private sources in order to reduce the application and renewal fees.[PL 2013, c. 394, § 1 (AMD).]
Sec. 7. 22 MRSA §2425, sub-§5, as amended by PL 2013, c. 396, §11, is further amended to read:
 
5. Registry identification card issuance.   The department shall issue registry identification cards to registered patients, to registered primary caregivers, to employees of registered caregivers and to staff of hospice providers and, nursing facilities and hospitals designated by registered patients as primary caregivers within 5 days of approving an application or renewal under this section. Registry identification cards expire one year after the date of issuance except that the date of issuance and expiration date of a registered primary caregiver's registry identification card must be the same as the issuance and expiration dates on the patient's registry identification card. Registry identification cards must contain:
 
A. The name of the cardholder;
 
C. The date of issuance and expiration date of the registry identification card;
 
D. A random identification number that is unique to the cardholder; and
 
F. A clear designation showing whether the cardholder is allowed under this chapter to cultivate marijuana.
Sec. 8. 22 MRSA §2425, sub-§8, ¶K, as amended by PL 2013, c. 516, §13, is further amended to read:
 
K. Except as otherwise provided in this subsection, a person who knowingly violates the confidentiality of information protected under this chapter commits a civil violation for which a fine of up to $1,000 may be imposed. This paragraph does not apply to a medical provider or staff of a hospice provider or, nursing facility or hospital named as a primary caregiver or any other person directly associated with a medical provider or a hospice provider or, nursing facility or hospital that provides services to a registered patient.
 
SUMMARY
This bill adds hospitals to the list of eligible primary caregivers for qualifying patients, adds hospitals to the universe of medical facilities where qualifying patients may use and store forms of smokeless, prepared marijuana and eliminates the ability of these medical facilities to prohibit or restrict the use or storage of smokeless, prepared marijuana by a qualifying patient.