Hawaii Administrative Rules
Title 11 - DEPARTMENT OF HEALTH
Subtitle 1 - GENERAL DEPARTMENTAL PROVISIONS
Chapter 160 - MEDICAL USE OF CANNABIS
Subchapter 2 - DEBILITATING MEDICAL CONDITIONS
Section 11-160-7 - Department-approved conditions; petition process
Current through February, 2024
(a) Any physician, advanced practice registered nurse, or potentially qualifying patient seeking to add a medical condition to the list of debilitating medical conditions shall file a written petition with the department on forms and in a manner prescribed by the department. For purposes of this section, "potentially qualifying patient" means a person who has been diagnosed with the medical condition for which the petition is being made.
(b) The petition shall, at a minimum, contain:
(c) If a medical condition in a petition has been previously considered and denied by the department, or is determined by the department to be substantially similar to a denied condition, the department may deny the petition without further review unless new scientific research supporting the request is included in the petition.
(d) The department may make a final determination that a petition is frivolous and deny the petition without further review.
(e) If the petition does not meet the requirements of this section or is denied under subsection (c) or (d), the department shall notify the petitioner that the petition does not meet the requirements of this section and give the specific reason for the determination.
(f) If the petition meets the requirements of this section, the department shall notify the petitioner that the department will conduct a public hearing to discuss the petition.
(g) At least once per calendar year, if there are pending petitions, the department shall conduct a public hearing to receive public oral or written testimony on those petitions; provided that the department shall have the discretion to establish time deadlines for the inclusion of petitions in the public hearings.
(h) At least thirty calendar days before a public hearing, the department shall publish on its website the date, time, and location of the hearing, a list of the medical conditions that the department will be considering at the public hearing, and the procedure for submitting public comments. The department shall also maintain a list of names and mailing or electronic mail addresses of persons who request notification of public hearings to consider petitions and shall transmit a copy of the notice to those persons at their last known addresses at least fifteen calendar days before a public hearing.
(i) The department in its discretion may conduct an investigation, to the extent the department deems necessary, which may include:
(j) The director shall approve, deny, or defer a petition within ninety calendar days following the public hearing at which a petition was considered. In reaching a decision on a petition, the director may consider the following;
(k) The director shall:
(l) The director's written decision shall include the factors supporting the decision and shall be sent to the petitioner and posted on the department's website, subject to redaction of any information protected under chapter 92F, HRS.
(m) A decision by the department to deny a petition pursuant to subsection {c) or (d) or a decision of the director issued pursuant to subsection (j) is a final agency action.