Rep. Hart proposes the following Amendment No. to S. 1011 (COUNCIL\DG\1011C003.NBD.DG22):

Reference is to Printer's Date 4/27/22-H.

Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:

/SECTION __. A. Chapter 130, Title 44 of the 1976 Code is amended by adding:

"Section 44-130-75. ( A) A hospital, by and through a healthcare provider employed by the hospital, may distribute medical marijuana or medical cannabis to:

(1) a person at risk of experiencing a debilitating medical condition; or

(2) a caregiver of a person at risk of experiencing a debilitating medical condition.

(B) A hospital that distributes medical marijuana or medical cannabis in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability. A healthcare provider employed by a hospital that distributes medical marijuana or medical cannabis for the hospital in accordance with the provisions of this section is not, as a result of an act or omission, subject to civil or criminal liability or subject to disciplinary action by the healthcare provider's licensing board.

(C) For purposes of this section, 'debilitating medical condition' means:

(1) a diagnosis of one or more of the following that also results in a debilitating condition to the individual patient:

(a) cancer;

(b) multiple sclerosis;

(c) a neurological disease or disorder, including epilepsy;

(d) post-traumatic stress disorder, subject, however, to evidentiary requirements that confirm the applicant has experienced one or more traumatic events;

(e) Crohn's disease;

(f) sickle cell anemia;

(g) ulcerative colitis;

(h) cachexia or wasting syndrome;

(i) autism;

(j) severe or persistent nausea in a person who is not pregnant that is related to end-of-life or hospice care, or who is bedridden or homebound because of a condition;

(k) a chronic medical condition causing severe and persistent muscle spasms; or

(l) any chronic or debilitating disease or medical condition for which an opioid is currently or could be prescribed by a physician based on generally accepted standards of care, subject, however, to a physician's attestation regarding objective proof of the etiology of the patient's pain or regarding the patient having been diagnosed with a specific medical condition or disease that causes the patient severe pain; or

(2) a terminal illness with a life expectancy of less than one year in the opinion of the person' s treating physician.

B.This SECTION takes effect upon approval by the Governor. /