Bill Text: NC H766 | 2015-2016 | Regular Session | Amended
Bill Title: Amend CBD Oil Statute
Spectrum: Slight Partisan Bill (Democrat 9-5)
Status: (Passed) 2015-07-16 - Ch. SL 2015-154 [H766 Detail]
Download: North_Carolina-2015-H766-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2015
H 4
HOUSE BILL 766
Committee Substitute Favorable 4/22/15
Senate Health Care
Committee Substitute Adopted 6/11/15
Fourth Edition Engrossed 7/1/15
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Short Title: Amend CBD Oil Statute. |
(Public) |
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Sponsors: |
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Referred to: |
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April 15, 2015
A BILL TO BE ENTITLED
AN ACT amending the exemption for use or possession of hemp extract and permitting the use of hemp extract as an alternative treatment for intractable epilepsy without participating in a pilot study and repealing the epilepsy alternative treatment act in 2021.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑94.1 reads as rewritten:
"§ 90‑94.1. Exemption for use or possession of hemp extract.
(a) As used in this section, "hemp extract" means an extract from a cannabis plant, or a mixture or preparation containing cannabis plant material, that has all of the following characteristics:
(1) Is composed of less than three‑tenths nine‑tenths
of one percent (0.3%) (0.9%) tetrahydrocannabinol by weight.
(2) Is composed of at least ten five percent
(10%) (5%) cannabidiol by weight.
(3) Contains no other psychoactive substance.
(b) Notwithstanding any other provision of this Chapter, an individual may possess or use hemp extract, and is not subject to the penalties described in this Chapter, if the individual satisfies all of the following criteria:
(1) Possesses or uses the hemp extract only to treat intractable epilepsy, as defined in G.S. 90‑113.101.
(2) Possesses, in close proximity to the hemp extract, a certificate of analysis that indicates the hemp extract's ingredients, including its percentages of tetrahydrocannabinol and cannabidiol by weight.
(3) Has a current hemp extract registration card
issued by the Department of Health and Human Services under Article 5G of Chapter
90 of the General Statutes.Is a caregiver, as defined in G.S. 90‑113.101.
(c) Notwithstanding any other provision of this
Chapter, an individual who possesses hemp extract lawfully under this section
may administer hemp extract to another person under the individual's care and
is not subject to the penalties described in this Chapter for administering the
hemp extract to the person if both of the following conditions are
satisfied:
(1) The the individual is the
person's caregiver, as defined in G.S. 90‑113.101.
(2) The individual is registered with the
Department of Health and Human Services to administer hemp extract under G.S. 90‑113.103."
SECTION 2. G.S. 90‑113.100 reads as rewritten:
"§ 90‑113.100. Short title.
(a) This act may be cited as the "North Carolina Epilepsy Alternative Treatment Act."
(b) The purpose of this act is to permit medical
professionals to conduct limited‑scope, evidence‑based studies
exploring the safety and efficacy of treating intractable epilepsy using hemp
extract.the use of hemp extract as an alternative treatment for
intractable epilepsy.
(c) The General Assembly finds the following:
(1) There that there are children
in this State suffering from intractable epilepsy for which currently available
treatment options have been ineffective. Hemp extract shows promise in treating
children with intractable epilepsy.
(2) Additional study of the use of hemp
extract for the treatment of intractable epilepsy should be undertaken, and the
medical research universities of the State of North Carolina are well‑suited
for this type of clinical exploration."
SECTION 3. G.S. 90‑113.101 reads as rewritten:
"§ 90‑113.101. Definitions.
(a) Caregiver. – An individual that is at least 18
years of age and a resident of North Carolina who is a parent, legal
guardian, or custodian of a person diagnosed with intractable epilepsy.patient
and is registered with the Department of Health and Human and Services under
G.S. 90‑113.102 who possesses a written statement dated and signed
by a neurologist that states all of the following:
(1) The patient has been examined and is under the care of the neurologist.
(2) The patient suffers from intractable epilepsy.
(3) The patient may benefit from treatment with hemp extract.
(b) Caregiver Registration Card. – A registration
card issued by the Department of Health and Human Services under this Article
to a caregiver.
(c) Database. – The Intractable Epilepsy Alternative
Treatment Pilot Study database, established by the Department of Health
and Human Services pursuant to this Article, to register caregivers,
patients, and recommending neurologists.Article.
…
(g) Neurologist. – An individual who is licensed under
Article 1 of Chapter 90 of the General Statutes, who is board certified in
neurology, and is affiliated with the neurology department at one or more of
the following universities:hospitals licensed in this State.
(1) The University of North Carolina at
Chapel Hill.
(2) East Carolina University.
(3) Duke University.
(4) Wake Forest University.
(h) Patient. – A person who has been diagnosed by a neurologist with intractable epilepsy.
(i) Pilot Study. – An evidence‑based
investigation of the safety and efficacy of treating intractable epilepsy using
hemp extract conducted by one or more neurologists registered pursuant to this
Article."
SECTION 4. G.S. 90‑113.102 reads as rewritten:
"§ 90‑113.102.
Intractable Epilepsy Alternative Treatment Pilot Study database;
departmental duties.
(a) The Department shall create a secure,
electronic, and online secure and electronic Intractable Epilepsy
Alternative Treatment Pilot Study database registry for the registration
of pilot studies, neurologists, caregivers, and patients as provided by
this Article. All caregivers shall be required to register with the
Department. Law enforcement agencies are authorized to contact the Department to
confirm a caregiver's registration. The registry must be accessible to
law enforcement agencies in order to verify registration of caregivers. The
registry must prevent an active registration of a patient by multiple
neurologists. At a minimum, theThe database shall consist of the following:following
information to be provided by the caregivers at the time of registration:
(1) The name and address of each registered caregiver
and the name of the pilot study the caregiver is associated with.the caregiver.
(2) The name and address of each registered patient
and the name of the pilot study the patient is associated with.the
caregiver's patient.
(3) The name, address, and qualifying
institutional affiliation of neurologists conducting pilot studies pursuant to
this Article.
(4) The name, institutional affiliation, affiliated
registered neurologists, and parameters of pilot studies.address, and
hospital affiliation of the neurologist recommending hemp extract as an
alternative treatment for intractable epilepsy for the patient.
(b) The Department shall contact the county
department of health where the patient resides and provide the following
information:
(1) The name and address of the registered
caregiver.
(2) Identifying information contained on the
caregiver registration card.
(c) If at any time following registration, the name, address, or hospital affiliation of the patient's neurologist changes, the caregiver shall notify the Department and provide the Department with the patient's new neurologist's name, address, and hospital affiliation."
SECTION 5. G.S. 90‑113.103 is repealed.
SECTION 6. G.S. 90‑113.104 is repealed.
SECTION 7. G.S. 90‑113.105 reads as rewritten:
"§ 90‑113.105.
Immunity for neurologists; medical records.confidentiality.
(a) On a case‑by‑case basis, neurologists conducting
a registered pilot study may approve of dispensation to a registered
caregiver, as approved by this Article, hemp extract acquired from another
jurisdiction.
(b) A neurologist shall not be subject to arrest or
prosecution, penalized or disciplined in any manner, or denied any right or
privilege for approving or recommending the use of hemp extract or providing a
written statement or health records to the Department for the use of
hemp extract pursuant to this Article.
(c) A neurologist conducting a registered
pilot study who signs a statement as described in G.S. 90‑113.104(b)(3)
shall do the following:
(1) Keep a record of the evaluation and
observation of a patient under the neurologist's care, including the patient's
response to hemp extract treatment.
(2) Transmit the record described in
subdivision (1) of this subsection to the Department upon request.
(d) All medical records received or maintained by
the Department pursuant to this Article are The identities of the
caregivers, patients, and neurologists reported to the Department pursuant to
this Article are confidential and may not be disclosed to the public are
not matters of public record. However, this information may be provided to law
enforcement agencies pursuant to G.S. 9‑113.102.Nothing in
this Article is intended to alter the provisions of G.S. 8‑53 or
G.S. 8‑53.1."
SECTION 7.2. The University of North Carolina at Chapel Hill and East Carolina University may and are encouraged to, and Duke University and Wake Forest University are encouraged to, conduct research on hemp extract development, production, and use for the treatment of seizure disorders and to participate in any ongoing or future clinical studies or trials, including those exploring the safety and efficacy of treating intractable epilepsy with hemp extract.
SECTION 8. Section 5 of S.L. 2014‑53 reads as rewritten:
"SECTION 5. Section 3 of this act becomes
effective upon adoption of rules pursuant to Section 4 of this act. The
remainder of this This act is effective when it becomes law."
SECTION 8.5.(a) Article 5G of Chapter 90 of the General Statutes is repealed.
SECTION 8.5.(b) This section becomes effective July 1, 2021.
SECTION 9. Section 1 becomes effective August 1, 2015, and applies to offenses committed on or after that date. Except as otherwise provided in this act, the remainder of the act is effective when it becomes law.
