Saturday, March 4, 2017

Medical Cannabis Advisory Board Hearing - April 2017

New Mexico Department of Health
Medical Cannabis Advisory Board Hearing And Petition Requirements


The Department of Health Medical Cannabis Program Medical Cannabis Advisory Board Hearing: Friday, April 7th 2017 from 10:00 AM - 1:00 PM at Harold Runnels Building-1190 S. St. Francis Drive, Santa Fe, NM 87505
The meeting will be on the first floor in the auditorium (Room A-1006). Petitions must be received at least 30 days before the hearing to be included on the agenda. Copies of the agenda can be obtained 72 hours prior to the meeting.

A petitioner must file the following information with the Medical Cannabis Program:
1. The name, address and telephone number of the petitioner and the medical condition, medical treatment or disease sought to be added to the existing debilitating medical conditions;
2. An introductory narrative requesting the inclusion of a new medical condition, medical treatment or disease;
3. A summary or summaries of the proposed benefits from the medical use of cannabis specific to the medical condition, medical treatment or disease sought to be added to the existing medical conditions approved for participation in the program, including any credible published studies known to the petitioner;
4. Medical records from the petitioner which are relevant to the condition, treatment or disease sought to be added to the list of eligible conditions for enrollment;
5. A copy of the petitioner’s New Mexico driver’s license or comparable New Mexico state or federal issued photo identification card verifying New Mexico residence.

The petition may be presented to the Medical Advisory Board by either the petitioner or their representative.
Statement of intent to present technical evidence:
If the petitioner wishes to present technical evidence at the hearing, the petition shall include a statement of intent. The statement of intent to present technical evidence shall include:
(a) The name of the person filing the statement;
(b) The name of each witness;
(c) An estimate of the length of the direct testimony of each witness;
(d) A list of exhibits, if any, to be offered into evidence at the hearing; and;
(e) A summary or outline of the anticipated direct testimony of each witness.

Please submit two copies of the petition as the information will be redacted to protect the identity of the petitioner. Only the Medical Cannabis Program staff will know the identity of the petitioner, unless the petitioner wishes to meet with the Medical Advisory Board at the actual hearing. The Board is not available for individual meetings prior to the hearing.
All petitions should be either hand delivered or mailed to:
Medical Cannabis Program
New Mexico Dept. of Health
1190 St. Francis Dr, S3400
Santa Fe, NM 87505
( https://nmhealth.org/publication/view/regulation/129/ )


7.34.2.9                 PETITION REQUIREMENTS:
               A.            Petition requirements. The advisory board may accept and review petitions from any individual or association of individuals requesting the addition of a new medical condition, medical treatment or disease for the purpose of participating in the medical cannabis program and all lawful privileges under the act. Except as otherwise provided, a petitioner filing a petition shall file the petition and a copy with the medical cannabis program staff by either personal delivery or certified mail. In order for a petition to be processed and forwarded to the advisory board the following information shall be submitted to the medical cannabis program staff.
                               (1)           Petition format: Unless otherwise provided by this part or by order of the hearing officer, all documents, except exhibits, shall be prepared on 8 1/2 x 11-inch white paper, printed double-sided, if possible, and where appropriate, the first page of every document shall contain a heading and caption. The petitioner shall include in the petition documents a narrative address to the advisory board, which includes:
                                               (a)           petition caption stating the name, address and telephone number of the petitioner and the medical condition, medical treatment or disease sought to be added to the existing debilitating medical conditions;
                                               (b)           an index of the contents of the petition, an introductory narrative of the individual or association of individuals requesting the inclusion of a new medical condition, medical treatment or disease to include the individual or association of individuals’ relationship or interest for the request whether that interest is professional or as a concerned citizen;
                                               (c)           the proposed benefits from the medical use of cannabis specific to the medical condition, medical treatment or disease sought to be added to the existing debilitating medical conditions listed under the act; and
                                               (d)           any additional supporting medical, testimonial, or scientific documentation.
                               (2)           Statement of intent to present technical evidence: If the petitioner wishes to present technical evidence at the hearing, the petition shall include a statement of intent. The statement of intent to present technical evidence shall include:
                                               (a)           the name of the person filing the statement;
                                               (b)           the name of each witness;
                                               (c)           an estimate of the length of the direct testimony of each witness;
                                               (d)           a list of exhibits, if any, to be offered into evidence at the hearing; and
                                               (e)           a summary or outline of the anticipated direct testimony of each witness.
               B.            Qualified patient applicant petitioner: If the petitioner is submitting their requests as a potential qualified patient applicant the petitioner shall attach an original medical practitioner’s certification for patient eligibility form provided by the medical cannabis program manager or designee which includes the following information:
                               (1)           the name, address, telephone number and clinical licensure of the petitioner’s practitioner;
                               (2)           the medical justification for practitioner’s certification of the petitioner’s debilitating medical condition;
                               (3)           the practitioner’s signature and date of signature;
                               (4)           the name, address and date of birth of the petitioner;
                               (5)           the name, address and telephone number of the petitioner’s practitioner;
                               (6)           a reasonable xerographic copy of the petitioner’s New Mexico driver’s license or comparable New Mexico state or federal issued photo identification card verifying New Mexico residence;
                               (7)           documented parental consent if applicable to the petitioner;
                               (8)           if applicable, the petitioner’s potential debilitating medical condition;
                               (9)           the length of time the petitioner has been under the care of the practitioner providing the medical provider certification for patient eligibility;
                               (10)         the petitioner’s signature and date; and
                               (11)         a signed consent for release of medical information form provided by the medical cannabis program.
               C.            Petitioner confidentiality: The department shall maintain a confidential file containing the names and addresses of the persons who have either applied for or received a public hearing petition request. Individual names on the list shall be confidential and not subject to disclosure, except:
                               (1)           to authorized employees or agents of the department as necessary to perform the duties of the department pursuant to the provisions of the act or this part;
                               (2)           as provided in the federal Health Insurance Portability and Accountability Act of 1996.
               D.            Department notification: The medical cannabis program manager or designee shall review each petition request and within reasonable time after receipt issue notice of docketing upon the petitioner, each advisory board member, and the advisory board legal counsel. The notice of docketing shall contain the petition caption and docket number, the date upon which the petition was received and scheduling date of the advisory board public hearing. A copy of this rule shall be included with a notice of docketing sent to the petitioner.
               E.            Examination allowed: Subject to the provisions of law restricting the public disclosure of confidential information, any person may, during normal business hours, inspect and copy any document filed in any public hearing proceeding. Inspection shall be permitted in accordance with the Inspection of Public Records Act, Sections 14-2-1 et seq., NMSA 1978, but may be limited by the Health Insurance Portability and Accountability Act of 1996. Documents subject to inspection shall be made available by the medical cannabis program manager, or designee as appropriate. Unless waived by the department, the cost of duplicating documents or audio filed in any public hearing proceeding shall be borne by the person seeking the copies.
               F.            Notice of withdrawal: A petitioner may withdraw a petition at any time prior to a decision by the advisory board by filing a notice of withdrawal with the medical cannabis program manager or designee.
[7.34.2.9 NMAC - Rp, 7.34.2.9 NMAC, 2/27/2015]
( https://nmhealth.org/resource/view/223/ )

Forms & Documents

This section is a comprehensive reference to all of the forms, documents, publications and resources that are currently available for the Medical Cannabis Program (MCP).


Applications

Forms

General Information

Frequently Asked Questions

  • Medical Cannabis Patient Frequently Asked Questions
  • Medical Cannabis Provider Frequently Asked Questions


Rules & Regulations

  • NMAC 7.34.2 - Medical cannabis advisory board responsibilities and duties.
  • NMAC 7.34.3 - Medical cannabis registry identification cards.
  • NMAC 7.34.4 - Medical cannabis licensing requirements for producers, couriers, manufacturers and laboratories.

7.34.2.10               ADVISORY BOARD PUBLIC HEARING PROCEDURES:
               A.            Public hearing requirement: The advisory board shall convene by public hearing at least twice per year to accept and review petitions requesting the inclusion of medical conditions, medical treatments or diseases to the list of debilitating medical conditions. Any meeting consisting of a quorum of the advisory board members held for the purpose of evaluating, discussing or otherwise formulating specific opinions concerning the recommendation of a petition filed pursuant to this rule, shall be declared a public hearing open to the public at all times, unless a portion of the hearing is closed to protect information made confidential by applicable state or federal laws.  A petitioner or his or her representative may request to close a portion of the hearing to protect the disclosure of confidential information by submitting their request in writing and having that request delivered to medical cannabis program staff at least 48 hours prior to the hearing.
               B.            Location of the public hearing: Unless otherwise ordered by the advisory board, the public hearing shall be in held in New Mexico at a location sufficient to accommodate the anticipated audience.
               C.            Public hearing notice: The medical cannabis program manager or designee shall, upon direction from the advisory board chairperson, prepare a notice of public hearing setting forth the date, time and location of the hearing, a brief description of the petitions received, and information on the requirements for public comment or statement of intent to present technical evidence, and no later than 30 days prior to the hearing date, send copies, with requests for publication, to at least one newspaper of general circulation.  The program manager or designee may further issue notice of the hearing by any other means the department determines to be acceptable to provide notice to the public.
               D.            Public hearing agenda: The department shall make available an agenda containing a list of specific items to be discussed or information on how the public may obtain a copy of such agenda.
               E.            Postponement of hearing: Request for postponement of a public hearing will be granted, by the advisory board for good cause shown.
               F.            Statement of intent to present technical evidence: Any individual or association of individuals who wish to present technical evidence at the hearing shall, no later than 15 days prior to the date of the hearing, file a statement of intent. The statement of intent to present technical evidence shall include:
                               (1)           the name of the person filing the statement;
                               (2)           indication of whether the person filing the statement supports or opposes the petition at issue;
                               (3)           the name of each witness;
                               (4)           an estimate of the length of the direct testimony of each witness;
                               (5)           a list of exhibits, if any, to be offered into evidence at the hearing; and
                               (6)           a summary or outline of the anticipated direct testimony of each witness.
               G.            Ex parte discussions: At no time after the initiation and before the conclusion of the petition process under this part, shall the department, or any other party, interested participant or their representatives discuss ex parte the merits of the petitions with any advisory board member.
               H.            Public hearing process: The advisory board chairperson shall conduct the public hearing so as to provide a reasonable opportunity for all interested persons to be heard without making the hearing unreasonably lengthy or cumbersome or burdening the record with unnecessary repetition.
                               (1)           A quorum of the advisory board shall consist of three voting members.
                               (2)           The advisory board chairperson or alternate shall convene each public hearing by:
                                               (a)           introduction of the advisory board members;
                                               (b)           statutory authority of the board;
                                               (c)           statement of the public hearing agenda; and
                                               (d)           recognition of the petitioner.
                               (3)           Petitioner comment period. The petitioner or by representative may present evidence to the advisory board. The advisory board shall only consider findings of fact or scientific conclusions of medical evidence presented by the petitioner or by representative to the advisory board prior to or contemporaneously with the public hearing.
                               (4)           Public comment period: The advisory board may provide for a public comment period. Public comment may be by written comment, verbal or both.
                                               (a)           Written comment: Any individual or association of individuals may submit written comment to the advisory board either in opposition or support of the inclusion of a medical conditions, medical treatments or diseases to the existing list of debilitating medical conditions contained under the act. All written comment shall adhere to the requirements of Subsection F of this section.
                                               (b)           Public comment: Any member of the general public may testify at the public hearing.  No prior notification is required to present general non-technical statements in support of or in opposition to the petition.  Any such member may also offer exhibits in connection with his testimony, so long as the exhibit is non-technical in nature and not unduly repetitious of the testimony.
               I.             Recording the hearing: Unless the advisory board orders otherwise, the hearing will be audio recorded. Any person, other than the advisory board, desiring a copy of the audio tapes must arrange copying with the medical cannabis program or designee at their own expense.
[7.34.2.10 NMAC - Rp, 7.34.2.10 NMAC, 2/27/2015]
7.34.2.11               ADVISORY BOARD RECOMMENDATION TO THE DEPARTMENT:
               A.            Advisory board recommendation: Upon final determination the advisory board shall provide to the secretary a written report of finding, which recommends either the approval or denial of the petitioner’s request.  The written report of findings shall include a medical justification for the recommendation based upon the individual or collective expertise of the advisory board membership. The medical justification shall delineate between the findings of fact made by the advisory board and scientific conclusions of credible medical evidence.
               B.            Department final determination: The department shall notify the petitioner within 10 days of the secretary’s determination. A denial by the secretary regarding the inclusion of a medical conditions, medical treatments or diseases to the existing list of debilitating medical conditions contained under the act shall not represent a permanent denial by the department. Any individual or association of individuals may upon good cause re-petition the advisory board. All requests shall present new supporting findings of fact, or scientific conclusions of credible medical evidence not previously examined by the advisory board.
[7.34.2.11 NMAC - Rp, 7.34.2.11 NMAC, 2/27/2015]

Contact Information

Physical Address
1474 Rodeo Rd., Suite 200
Santa Fe, NM 87505
505-827-2321 (Phone)
505-476-3025 (Fax)
Mailing Address
Department of Health
Medical Cannabis Program
PO Box 26110
Santa Fe, NM, 87502-6110
Email Address
medical.cannabis@state.nm.us




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