Certifying Physician’s/APRN’s Rights

As a certifying physician/APRN, am I protected from arrest or prosecution, penalization in any manner, or be denied any right or privilege for providing written certification for the Medical Use of Marijuana to a qualifying patient? Under Hawaii law (Section 329-126, HRS), no physician/APRN shall be subject to arrest or prosecution, penalized in any manner, or denied any right or privilege for providing written certification for the medical use of marijuana for a qualifying patient provided that:

  1. The physician/APRN has diagnosed the patient as having a debilitating medical condition as defined in section 329-121;
  2. The physician/APRN has explained the potential risks and benefits of the medical use of marijuana, as required under section 329-122;
  3. The physician’s/APRN’s written certification is based upon the physician’s/APRN’s professional opinion after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a bona fide physician/APRN-patient relationship; and
  4. The physician/APRN has complied with all registration requirements of section 329-123.

 

DOH will not comment on federal law applicability or enforcement and recommends physicians/APRNs consult with their own legal counsel and/or legal counsel for any health care facility with which the physicians/APRNs may be affiliated.