Medical Professionals
Protections for Health Care Professionals
Pursuant to the Washington State Medical Use of Cannabis Act rcw69.51A
The following acts do not constitute crimes under state law or unprofessional conduct under chapter 18.130 RCW, and a health care professional may not be arrested, searched, prosecuted, disciplined, or subject to other criminal sanctions or civil consequences or liability under state law, or have real or personal property searched, seized, or forfeited pursuant to state law:
(a) Advising a patient about the risks and benefits of medical use of cannabis or that the patient may benefit from the medical use of cannabis; or
(b) Providing a patient meeting the criteria established under RCW 69.51A.010 with valid documentation, based upon the health care professional’s assessment of the patient’s medical history and current medical condition, where such use is within a professional standard of care or in the individual health care professional’s medical judgment.
SB5073 – Effective July 22, 2011
A health care professional may only provide a patient with valid documentation authorizing the medical use of cannabis if he or she has a newly initiated or existing documented relationship with the patient, as a primary care provider or a specialist, relating to the diagnosis and ongoing treatment or monitoring of the patient’s terminal or debilitating medical condition, and only after:
- Completing a physical examination of the patient as appropriate, based on the patient’s condition and age;
- Documenting the terminal or debilitating medical condition of the patient in the patient’s medical record and that the patient may benefit from treatment of this condition or its symptoms with medical use of cannabis;
- Informing the patient of other options for treating the terminal or debilitating medical condition; and
- Documenting other measures attempted to treat the terminal or debilitating medical condition that do not involve the medical use of cannabis.
A health care professional shall not:
- Accept, solicit, or offer any form of pecuniary remuneration from or to a licensed dispenser, licensed producer, or licensed processor of cannabis products;
- Examine or offer to examine a patient for purposes of diagnosing a terminal or debilitating medical condition at a location where cannabis is produced, processed, or dispensed;
- Have a business or practice which consists solely of authorizing the medical use of cannabis;
- Include any statement or reference, visual or otherwise, on the medical use of cannabis in any advertisement for his or her business or practice;
- Hold an economic interest in an enterprise that produces, processes, or dispenses cannabis if the health care professional authorizes the medical use of cannabis
Nothing in this chapter establishes the medical necessity or medical appropriateness of cannabis for treating terminal or debilitating medical conditions nor requires any health care professional to authorize the medical use of cannabis for a patient.
Nothing in this chapter establishes a right of care as a covered benefit or requires any health carrier or health plan to be liable for any claim for reimbursement for the medical use of cannabis. Such entities may enact coverage or noncoverage criteria or related policies for payment or nonpayment of medical cannabis in their sole discretion.
