Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 724.000 - Implementation Of M.g.l. C. 94d; The Controlled Substances Therapeutic Research Act
Section 724.004 - Certification of Patients for Eligibility in the Therapeutic Research Program

Universal Citation: 105 MA Code of Regs 105.724

Current through Register 1531, September 27, 2024

(A) A physician may certify the following types of patients for eligibility to participate in the program:

(1) patients who experience the nausea and ill-effects of cancer chemotherapy and radiation therapy;

(2) glaucoma patients who require the decreasing of intraocular pressure; and

(3) patients with asthma who require the decreasing of airway resistance.

(B) Prior to the participation of a patient in the program, a physician must certify that a patient is eligible for the program by providing the Department with the following information:

(1) that the patient is threatened by loss of life or sight; or, for patients with asthma, that the patient experiences severe respiratory problems or discomfort;

(2) that the patient is not responding to or has incurred severe side effects from the administration of conventional controlled substances;

(3) that the administration of marijuana may have beneficial therapeutic effects upon the patient; and,

(4) that the patient has given in writing his or her informed consent based upon information about the nature, duration, and purpose of the research, the method and means by which it is to be conducted, the inconveniences and hazards reasonably to be expected, and the effects upon the patient's health or person which may reasonably be expected to come from his or her participation.

(C) A physician who intends to certify a patient for eligibility to participate in the program shall obtain the written informed consent of said patient on a form provided by the Department.

(D) A physician who certifies a patient for eligibility to participate in the program shall submit the criteria for such patient's eligibility to the Department on the certification form provided by the Department.

(E) The Department may request additional information from a physician who certifies a patient for eligibility to participate in the program if it deems it necessary.

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