Bill Text: NC S452 | 2017-2018 | Regular Session | Amended
Bill Title: Expand Allowable Medical Uses of CBD Oil
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Introduced - Dead) 2017-04-25 - Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate [S452 Detail]
Download: North_Carolina-2017-S452-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
S 1
SENATE BILL 452
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Short Title: Expand Allowable Medical Uses of CBD Oil. |
(Public) |
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Sponsors: |
Senators McKissick, Tucker (Primary Sponsors); Bryant, Smith-Ingram, and Van Duyn. |
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Referred to: |
Rules and Operations of the Senate |
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March 29, 2017
A BILL TO BE ENTITLED
AN ACT amending the exemption for use or POSSESSION of CANNABIDIOL and expanding the permissible use of CANNABIDIOL as an alternative treatment to CHRONIC CONDITIONS.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 90‑94.1(b) reads as rewritten:
"(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.G.S. 90‑113.101,
autism, multiple sclerosis, Crohn's disease, or Mitochondrial disease.
(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) Is a caregiver, as defined in G.S. 90‑113.101."
SECTION 2. Article 5G of Chapter 90 of the General Statutes reads as rewritten:
"Article 5G.
"Epilepsy Alternative
Treatment Act.
"§ 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 the use of hemp extract as an alternative treatment for intractable
epilepsy.intractable epilepsy, autism, multiple sclerosis, Crohn's
disease, and Mitochondrial disease.
(c) The General Assembly
finds that there are children individuals in this State suffering
from intractable epilepsy epilepsy, autism, multiple sclerosis, Crohn's
disease, and Mitochondrial disease for which currently available treatment
options have been ineffective. Hemp extract shows promise in treating children
with intractable epilepsy.these chronic conditions.
"§ 90‑113.101. Definitions.
The following definitions apply in this Article:
(1) Caregiver. – An
individual that is at least 18 years of age and a resident of North Carolina
who is a parent, legal guardian, or custodiancustodian, nurse
employed by a home health agency licensed under Part 3 of Article 6 of Chapter
131E of the General Statutes, or other caregiver of a 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:
a. The patient has been
examined and is under the care of the neurologist.neurologist or has
been examined and is under the care of a physician who has consulted with the
neurologist about the patient's condition.
b. The patient suffers from
intractable epilepsy.epilepsy, autism, multiple sclerosis, Crohn's
disease, or Mitochondrial disease.
c. The patient may benefit from treatment with hemp extract.
d. The patient's condition has not responded to three or more treatment options overseen by the neurologist or by a physician with whom the neurologist has consulted about the patient's condition.
(2) Repealed by Session Laws 2015‑154, s. 3, effective July 16, 2015.
(3) Database. – The Intractable
Epilepsy Alternative Treatment database, established by the Department of
Health and Human Services pursuant to this Article.
(4) Department. – The Department of Health and Human Services.
(5) Hemp Extract. – An extract from a cannabis plant, as defined in G.S. 90‑94.1(a).
(6) Intractable Epilepsy. – A seizure disorder that,
as determined by a neurologist, does not respond to three or more treatment
options overseen by the neurologist.
(7) 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 hospitals licensed in this State.
(8) Patient. – A person who
has been diagnosed by a neurologist with intractable epilepsy.epilepsy,
autism, multiple sclerosis, Crohn's disease, or Mitochondrial disease by a
neurologist or by a physician with whom the neurologist has consulted about the
patient's condition.
(8a) Physician. – An individual who is licensed under Article 1 of Chapter 90 of the General Statutes who is board certified and is affiliated with one or more hospitals licensed in this State.
(9) Repealed by Session Laws 2015‑154, s. 3, effective July 16, 2015.
"§ 90‑113.102. Intractable Epilepsy Alternative
Treatment database; departmental duties.
(a) The Department shall
create a secure and electronic Intractable Epilepsy Alternative
Treatment database registry for the registration of 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 database
shall consist of the following information to be provided by the caregivers at
the time of registration:
(1) The name and address of the caregiver.
(2) The name and address of the caregiver's patient.
(3) Repealed by Session Laws 2015‑154, s. 4, effective July 16, 2015.
(4) The name, address, and
hospital affiliation of the neurologist recommending hemp extract as an
alternative treatment for intractable epilepsy for the patient.patient,
and the name, address, and hospital affiliation of any physician with whom the
neurologist consults about the patient's condition in making the recommendation.
(b) Repealed by Session Laws 2015‑154, s. 4, effective July 16, 2015.
(c) If at any time following registration, the name, address, or hospital affiliation of the patient's neurologist or physician changes, the caregiver shall notify the Department and provide the Department with the patient's new neurologist's or physician's name, address, and hospital affiliation.
…."
SECTION 3. This act becomes effective December 1, 2017.
