Section 22-C1402. PETITION REQUIREMENTS

 

1402.1 On a biannual basis, notice of which shall be published in the D.C. Register, the Committee may accept and review petitions from any individual or association of individuals requesting the addition of a new qualifying medical condition or qualifying medical treatment for the purpose of participating in the medical marijuana program and all lawful privileges under the act.

 

1402.2 Except as otherwise provided, a petitioner filing a petition shall file the originals and seven (7) copies with the Director pursuant to the filing instructions set forth in the Notice, by either personal delivery, express or first class mail and in a manner to ensure receipt of delivery. In order for a petition to be processed and forwarded to the Committee the following information shall be included in the petition:

 

(a)  All documents, except exhibits, shall be submitted on a form provided by the Department of Health (“Department”).  The petitioner shall include in the petition documents a narrative address to the advisory board, which includes:
 

(1) The 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;

 

(2) 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;

 

(3) 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

 

(4) Any additional supporting medical, testimonial, or scientific documentation.

 

(b) 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:

 

(1) The name of the person filing the statement;

 

(2) The name and curriculum vitae for each witness;

 

(3) An estimate of the length of the direct testimony of each witness;

 

(4) A list of exhibits, if any, to be offered into evidence at the hearing; and

 

(5) A summary or outline of the anticipated direct testimony of each witness.

 

(c)  If the petitioner is submitting their requests as a potential qualified patient applicant, the petitioner shall include a signed, written statement from the patient’s District of Columbia licensed physician, which includes the following information:

 

(1) The name, address, telephone number and DC license number of the physician;

 

(2) The petitioner's name, address, and debilitating medical condition;
 

(3) The medical justification for practitioner's statement that would benefit from the medical use of cannabis;

 

(4) The length of time the petitioner has been under the care of the practitioner providing the medical provider certification for patient eligibility;

 

(5)The practitioner's notarized and dated signature;

 

(d) The petitioner's signature and date; and

 

(e)A signed consent for release of medical information to the Committee, if applicable.

 

1402.3The Department shall maintain a confidential file containing the names and addresses of the persons who have submitted a petition.  Individual names and contact information on the list shall be confidential and not subject to disclosure, except:

 

(a) To authorized employees or agents of the Department and members of the Committee as necessary to perform the duties of the Department pursuant to the provisions of the act or this part;

 

(b) As provided in the federal Health Insurance Portability and Accountability Act of 1996.

 

1402.4 A petitioner may withdraw a petition at any time prior to a decision by the Committee by filing a notice of withdrawal with the Director.

 

authority

Section 14 of the Legalization of Marijuana for Medical Treatment Amendment Act of 2010 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et seq.), and Mayor’s Order 2011-71, dated April 13, 2011.

source

Final Rulemaking published at 60 DCR 10061 (July 12, 2013).