Current through Register Vol. 35, No. 18, September 24, 2024
A.
Statutorily-approved
conditions: As of the date of promulgation of this rule, specific
qualifying debilitating medical conditions, diseases, and treatments
("qualifying conditions") identified in the Lynn and Erin Compassionate Use
Act, Subsection B of Section
26-2B-3
NMSA 1978, include:
(1) cancer;
(2) glaucoma;
(3) multiple sclerosis;
(4) damage to the nervous tissue of the
spinal cord, with objective neurological indication of intractable
spasticity;
(5) seizure disorder,
including epilepsy;
(6) positive
status for human immunodeficiency virus or acquired immune deficiency
syndrome;
(7) admission into
hospice care in accordance with rules promulgated by the department.
(8) amyotrophic lateral sclerosis (Lou
Gehrig's disease);
(9) Crohn's
disease;
(10) hepatitis C
infection;
(11) Huntington's
disease;
(12) inclusion body
myositis;
(13) inflammatory
autoimmune-mediated arthritis: each individual applying to the program for
enrollment shall submit medical records that confirm the diagnosis of
inflammatory autoimmune-mediated arthritis;
(14) intractable nausea/vomiting;
(15) obstructive sleep apnea;
(16) painful peripheral neuropathy:
application to the medical cannabis program shall be accompanied by medical
records that confirm the objective presence of painful peripheral
neuropathy;
(17) Parkinson's
disease;
(18) post-traumatic stress
disorder (PTSD): each individual applying to the program for enrollment shall
submit medical records that confirm a diagnosis of PTSD meeting the diagnostic
criteria of the current diagnostic and statistical manual of mental
disorders;
(19) severe
chronic pain:
(a) objective proof of the
etiology of the severe chronic pain shall be included in the application;
and
(b) a practitioner familiar
with the patient's chronic pain shall provide written certification that the
patient has an unremitting severe chronic pain condition;
(20) severe anorexia/cachexia;
(21) spasmodic torticollis (cervical
dystonia); and
(22) ulcerative
colitis.
B.
Department-approved conditions: The department finds that the
following additional qualifying conditions result in pain, suffering, or
debility for which there is credible evidence that the medical use of cannabis
could be of benefit, through the alleviation of symptoms, and the department
accordingly approves these conditions as qualifying debilitating medical
conditions for the participation of a qualified patient or primary caregiver in
the medical cannabis program. The department-approved conditions include:
(1) autism spectrum disorder;
(2) Friedreich's ataxia;
(3) Lewy body disease;
(4) spinal muscular atrophy;
(5) Alzheimer's disease;
(6) opioid use disorder;
(7) such other conditions as the secretary
may approve.
C.
Additional application requirements: A patient shall submit with
the patient's application a written certification from the patient's
practitioner which shall attest:
(1) to the
diagnosis of the medical condition;
(2) that the condition is debilitating;
and
(3) that potential risks and
benefits of the use of medical cannabis for the condition have been discussed
with the patient, in accordance with this rule; a patient who applies on the
basis of having a department-approved condition may also be required to satisfy
additional eligibility criteria, as specified in this rule.
D.
Annual written
certification requirement: Pursuant to the Lynn and Erin Compassionate
Use Act, Section
26-2B-7.1
NMSA 1978, in order to remain eligible for participation in the medical
cannabis program, a qualified patient shall submit annually to the department,
and at least 30 calendar days prior to the annual certification date printed on
their card, a statement from a practitioner on a department approved form. The
annual written certification shall be attested by the certifying practitioner
no more than 90 days prior to submission of the certification to the
department. The certification shall indicate the following:
(1) the practitioner has examined the
qualified patient during the preceding 12 months;
(2) the qualified patient continues to have a
debilitating medical condition; and
(3) the practitioner believes that the
potential health benefits of the medical use of cannabis would likely outweigh
the health risks for the qualified patient.
E.
Modification or removal of
department-approved conditions: The secretary may remove or modify a
department-approved condition only if the secretary determines, on the basis of
substantial credible medical and scientific evidence, and after an opportunity
for review of the proposed removal or modification by the medical advisory
board, that the use of cannabis by patients who have the approved condition
would more likely than not result in substantial harm to the patients'
health.
