Clearpol's Opinion of this Guidance as of 01/26/2022
AFL 22-04 Chaptering of SB 311 – Compassionate Access to Medical Cannabis Act
CDPH has released guidance to SNFs, General Acute Care Hospitals, Congregate Living Health Facilities, Hospice Facilities and Special Hospitals permitting the use of medicinal cannabis by terminally ill patients, those with a medical condition resulting in a prognosis of life of one year or less if the disease follows its natural course.
Facilities are not required to provide medicinal cannabis or a recommendation to use medicinal cannabis and it does not have to be included in a discharge plan. Facilities may not prohibit patient use of medicinal cannabis due solely to the fact that cannabis is a Schedule I drug in the federal Uniform Controlled Substances Act, or other federal constraints on the use of medicinal cannabis. Compliance with the Act is not a condition for obtaining, retaining, or renewing a license.
Facilities must allow the patient, or someone on the patient's behalf, to bring in medicinal cannabis for their exclusive use and it is their personal property. They are also required to provide a copy of their valid medical marijuana identification card or written documentation that the use of medicinal cannabis is recommended by a physician. Facilities must record the use of medicinal cannabis in the medical record. They must also develop and disseminate written guidelines for the use of medicinal cannabis within the facility to ensure the safety of others, compliance with other state laws, and safe operations.
Facilities must reasonably restrict how a patient uses their medicinal cannabis, prohibiting smoking or vaping, and stores it, requiring it to be kept in a secure and locked container. They may suspend patient use of medicinal cannabis if a federal regulatory agency, the US DOJ or CMS, initiates or takes formal enforcement actions against it for complying with the Act, or issues a rule or otherwise provides notification to that expressly prohibits the use of medicinal cannabis in health care facilities, or prohibits compliance with a state-regulated medical marijuana program.
Clearpol Inc. does not make any guarantees regarding the accuracy of the opinions provided on our platform. Please use your own judgement.
Clearpol's Summary of this Guidance
The California Department of Health has issued an All Facilities Letter (AFL) notifying healthcare facilities of the Compassionate Access to Medical Cannabis Act (SB 311), which permits the use of medicinal cannabis by terminally ill patients. Effective January 1, 2022, general acute care hospitals, special hospitals, skilled nursing facilities, congregate living health facilities, and hospice facilities must allow terminally ill patients to use medicinal cannabis on their premises. Patients must provide a medical marijuana card or written documentation from a physician, and healthcare facilities must record the use of medicinal cannabis in the patient's medical record. Facilities must also comply with drug and medication requirements applicable to Schedule II, III, and IV drugs, develop and disseminate written guidelines for the use of medicinal cannabis, and reasonably restrict how patients use and store the medicinal cannabis. Healthcare facilities are not required to provide medicinal cannabis to patients, recommend its use, or include it in discharge plans. Facilities may suspend patient use of medicinal cannabis if federal regulatory agencies take enforcement actions or issue prohibitions against its use.
Clearpol Inc. does not make any guarantees regarding the accuracy of the opinions or summaries provided on our platform. Please use your own judgement.
You have 0 new tasks available
Below are AI generated tasks related to this document. Accept or deny a task.
No suggested tasks available at the moment!
AI generated tasks related to this document are shown here. Tasks may be coming soon or you may have accepted/denied all the available tasks for this document.
The document is ready to print
Click below to print the document in a new window. When finished, you can return to this tab to continue.
Copy Document Link
Please enter a Name.
Please enter a valid email address.
Please enter a first name.
Please enter a last name.
Please enter a valid email address.