Recommendation – Establish Presumptive Eligibility For All Program Applicants.
The Department of Health could provide an immediate temporary document for all applications submitted in person with a completed application check-list, and another solution would be to have presumptive eligibility in form of a letter from the physician saying that an application into the MCP has been practitioner certified and submitted. This process would be the same as a person who see’s a practitioner and is then prescribed medicine to get a Walgreens.
A. Statutorily-approved conditions: As of the date of promulgation of this rule, specific qualifying debilitating medical conditions, diseases, and treatments (“qualifying conditions”) identified in the Lynn and Erin Compassionate Use Act, Section 26-2B-3(B) NMSA 1978, include:
(3) multiple sclerosis;
(4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity;
(6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome; and
(7) admission into hospice care in accordance with rules promulgated by the department.
B. Department-approved conditions: The department finds that the following additional qualifying conditions result in pain, suffering, or debility for which there is credible evidence that the medical use of cannabis could be of benefit, through the alleviation of symptoms, and the department accordingly approves these conditions as qualifying debilitating medical conditions for the participation of a qualified patient or primary caregiver in the medical cannabis program. The department-approved conditions include:
(1) severe chronic pain:
(a) objective proof of the etiology of the severe chronic pain shall be included in the application; and
(b) a practitioner familiar with the patient’s chronic pain shall provide written certification that the patient has an unremitting severe chronic pain condition;
(2) painful peripheral neuropathy: application to the medical cannabis program shall be accompanied by medical records that confirm the objective presence of painful peripheral neuropathy;
(3) intractable nausea/vomiting;
(4) severe anorexia/cachexia;
(5) hepatitis C infection currently receiving antiviral treatment: the written certification shall attest:
(a) that the hepatitis C infection is currently being treated with antiviral drugs; and
(b) to the anticipated duration of the hepatitis C antiviral treatment.
(6) Crohn’s disease;
(7) post-traumatic stress disorder (PTSD): each individual applying to the program for enrollment shall submit medical records that confirm a diagnosis of PTSD meeting the diagnostic criteria of the current diagnostic and statistical manual of mental disorders;
(8) inflammatory autoimmune-mediated arthritis: each individual applying to the program for enrollment shall submit medical records that confirm the diagnosis of inflammatory autoimmune-mediated arthritis;
(9) amyotrophic lateral sclerosis (Lou Gehrig’s disease);
(10) inclusion body myositis;
(11) spasmodic torticollis (cervical dystonia);
(12) Parkinson’s disease;
(13) Huntington’s disease;
(14) ulcerative colitis; and
(15) such other conditions as the secretary may approve.
C. Additional application requirements: A patient shall submit written certification from the patient’s practitioner which shall attest:
(1) to the diagnosis of the medical condition;
(2) that the condition is debilitating; and
(3) that potential risks and benefits of the use of medical cannabis for the condition have been discussed with the patient, in accordance with this rule; a patient who applies on the basis of having a department-approved condition may also be required to satisfy additional eligibility criteria, as specified in this rule.
A chronic disease is one lasting 3 months or more, by the definition of the U.S. National Center for Health Statistics. Chronic diseases generally cannot be prevented by vaccines or cured by medication, nor do they just disappear.
Something that’s debilitating seriously affects someone or something’s strength or ability to carry on with regular activities, like a debilitating illness. Debilitating comes from the Latin word debilis, meaning “weak.” That’s why you’ll often see the adjective used to describe illness, despite the negative reference.
“Debilitating medical condition” means: (1) cancer; (2) glaucoma; (3) multiple sclerosis; (4) damage to the nervous tissue of the spinal cord, with objective neurological indication of intractable spasticity; (5) epilepsy; (6) positive status for human immunodeficiency virus or acquired immune deficiency syndrome; (7) admission into hospice care in accordance with rules promulgated by the department; or (8) any other medical condition, medical treatment, or disease as approved by the department which results in pain, suffering, or debility for which there is credible evidence that medical use cannabis could be of benefit.