Bill Summary for H 1220 (2013-2014)

Summary date: 

May 27 2014

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 1220 (Public) Filed Tuesday, May 27, 2014
A BILL TO BE ENTITLED AN ACT TO CREATE AN INTRACTABLE EPILEPSY ALTERNATIVE TREATMENT PILOT STUDY PROGRAM AND REGISTRY FOR THE SCIENTIFIC INVESTIGATION OF THE SAFETY AND EFFICACY OF HEMP EXTRACT TREATMENT FOR INTRACTABLE EPILEPSY.
Intro. by McElraft, Avila, Carney, Fulghum.

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Bill summary

Enacts new GS 90-94.1 to allow an individual to possess or use hemp extract (as defined in the act) free from criminal penalty if the individual (1) possess or uses the extract only to treat intractable epilepsy; (2) possesses, in close proximity to the extract, a certificate of analysis indicating the hemp extract's ingredients; and (3) has a current hemp extract registration card issued by the Department of Health and Human Services (DHHS). Allows an individual lawfully possessing hemp extract to administer the extract to another person under the individual's care without criminal penalty if (1) the individual is the person's caregiver and (2) the individual is registered with DHHS to administer the extract. Effective October 1, 2014.

Enacts new Article 5G, Compassionate Use Registration Act, in GS Chapter 90, to require DHHS, in coordination with recommendations from the Department of Public Safety, toestablish the form and content of compassionate use registration cards (registration card) to be issued to qualified individuals. Requires issuance of a registration card, valid for one year, to an individual who meets the five specified criteria, including providing a statement from a neurologist that says the patient meets specified criteria related to epilepsy, and the individual pays a fee (not to exceed $50). Provides the conditions under which a registration card may be renewed. Requires DHHS to create a registry for the registration of neurologists, caregivers, and patients that is accessible to law enforcement agencies. Requires that the registry prevent an active registration of a patient by multiple neurologists and sets minimum information that must be included in the database. Requires DHHS to contact the county department of health where the patient resides and provide (1) the registrant's name and address and (2) identifying information contained on the registration card. Allows neurologists, on a case-by-case basis, to approve of dispensation to a registrant hemp oil acquired from another jurisdiction. Provides immunity from arrest or prosecution for a neurologist for approving or recommending the use of hemp oil or providing a written statement or health records to DHHS for the use of hemp oil. Requires a neurologist signing a statement (as needed to obtain a registration card) to (1) keep a record of the evaluation and observation of a patient under the neurologist's care and (2) transmit the record to DHHS upon request. Provides that all medical records received or maintained by DHHS under this Article are confidential. Requires DHHS to adopt rules to implement the Article. Requires DHHS to establish and adopt rules to implement the act by October 1, 2014. 

Encourages UNC-Chapel Hill, Duke, and Wake Forest University to research hemp oil development, production, and use for the treatment of seizure disorders and to participate in any ongoing or future clinical studies or trials.

Unless otherwise noted, the act becomes effective June 30, 2014.

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