The Vermont Statutes Online
Subchapter 002 : Cannabis for Medical Symptom Use by Persons with Severe Illness(Cite as: 18 V.S.A. § 4473)
[Section 4473 repealed effective March 1, 2022]
§ 4473. Registered patients; qualification standards and procedures
(a) To become a registered patient, a person must be diagnosed with a debilitating medical condition by a health care professional in the course of a bona fide health care professional-patient relationship.
(b) The Department of Public Safety shall review applications to become a registered patient using the following procedures:
(1) A patient with a debilitating medical condition shall submit a signed application for registration to the Department. If the patient is under 18 years of age, the application must be signed by both the patient and a parent or guardian. The application shall require identification and contact information for the patient and the patient's registered caregiver applying for authorization under section 4474 of this title, if any, and the patient's designated dispensary under section 4474e of this title, if any. The applicant shall attach to the application a medical verification form developed by the Department pursuant to subdivision (2) of this subsection.
(2) The Department of Public Safety shall develop a medical verification form to be completed by a health care professional and submitted by a patient applying for registration in the program. The form shall include:
(A) A cover sheet that includes the following:
(i) A statement of the penalties for providing false information.
(ii) Definitions of the following statutory terms:
(I) "Bona fide health care professional-patient relationship" as defined in section 4472 of this title.
(II) "Debilitating medical condition" as defined in section 4472 of this title.
(III) "Health care professional" as defined in section 4472 of this title.
(iii) A statement that the medical verification form is not considered a prescription and that the only purpose of the medical verification form is to confirm that the applicant patient has a debilitating medical condition.
(B) A verification sheet that includes the following:
(i) A statement that a bona fide health care professional-patient relationship exists under section 4472 of this title or that, under subdivision (3)(A) of this subsection (b), the debilitating medical condition is of recent or sudden onset.
(iii) A statement that the patient has a debilitating medical condition as defined in section 4472 of this title, including the specific disease or condition that the patient has and whether the patient meets the criteria under section 4472.
(iv) A signature line that provides in substantial part: "I certify that I meet the definition of "health care professional' under 18 V.S.A. § 4472, that I am a health care professional in good standing in the State of
............................. , and that the facts stated above are accurate to the best of my knowledge and belief."
(v) The health care professional's contact information, license number, category of his or her health care profession as defined in subdivision 4472(6) of this title, and contact information for the out-of-state licensing agency, if applicable. The Department shall adopt rules for verifying the goodstanding of out-of-state health care professionals.
(vi) A statement that the medical verification form is not considered a prescription and that the only purpose of the medical verification form is to confirm that the applicant patient has a debilitating medical condition.
(3)(A) The Department shall transmit the completed medical verification form to the health care professional and contact him or her for purposes of confirming the accuracy of the information contained in the form.
(B) If the health care professional is licensed in another state as provided in section 4472 of this title, the Department shall verify that the health care professional is in good standing in that state.
(4) The Department shall approve or deny the application for registration in writing within 30 days from receipt of a completed registration application. If the application is approved, the Department shall issue the applicant a registration card, which shall include the registered patient's name and photograph, the registered patient's designated dispensary, if any, and a unique identifier for law enforcement verification purposes under section 4474d of this title.
(5)(A) A Review Board is established. The Review Board shall comprise three members:
(i) a physician appointed by the Medical Practice Board;
(ii) a naturopathic physician appointed by the Office of Professional Regulation; and
(iii) an advanced practice registered nurse appointed by the Office of Professional Regulation.
(B) The Board shall meet periodically to review studies, data, and any other information relevant to the use of cannabis for symptom relief. The Board may make recommendations to the General Assembly for adjustments and changes to this chapter.
(C) Members of the Board shall serve for three-year terms, beginning February 1 of the year in which the appointment is made, except that the first members appointed shall serve as follows: one for a term of two years, one for a term of three years, and one for a term of four years. Members shall be entitled to per diem compensation authorized under 32 V.S.A. § 1010. Vacancies shall be filled in the same manner as the original appointment for the unexpired portion of the term vacated.
(D) If an application under subdivision (1) of this subsection (b) is denied, within seven days the patient may appeal the denial to the Board. Review shall be limited to information submitted by the patient under subdivision (1) of this subsection, and consultation with the patient's treating health care professional. All records relating to the appeal shall be kept confidential. An appeal shall be decided by majority vote of the members of the Board. (Added 2003, No. 135 (Adj. Sess.), § 1; amended 2007, No. 58, § 1; 2011, No. 65, § 1, eff. June 2, 2011; 2013, No. 155 (Adj. Sess.), § 3; 2015, No. 168 (Adj. Sess.), § 2; 2017, No. 65, § 2; repealed on March 1, 2022 by 2019, No. 164 (Adj. Sess.), § 11.)