Signed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that expands the Texas Compassionate Use Program, a medical marijuana program.

Highlights:

• Classifies "institutional review board" as a compassionate-use institutional review board (Sec. 1-487.251-2).

• Requires the executive commissioner of the Health and Human Services Commission to adopt all necessary rules to implement this law, including rules designating the medical conditions for which a patient may be treated with low-THC cannabis as part of an approved research program (Sec. 1-487.252.a).

• Authorizes the creation of one or more compassionate-use institutional review boards to do the following (Sec. 1-487.253.a):

• Evaluate and approve proposed research programs to study the medical use of low-THC cannabis in treating a medical condition designated by rule of the executive commissioner; and

• Oversee patient treatment undertaken as part of an approved research program, including the certification of treating physicians.

• Requires an institutional review board to be affiliated with a dispensing organization and meet one of the following conditions (Sec. 1-487.253.b):

• Be affiliated with a medical school;

• Be affiliated with a hospital licensed under Chapter 241 that has at least 150 beds;

• Be accredited by the Association for the Accreditation of Human Research Protection Programs;

• Be registered by the United States Department of Health and Human Services, Office for Human Research Protections; or

• Be accredited by a national accreditation organization acceptable to the Texas Medical Board.

• Establishes patient treatment provided as part of an approved research program under this law may only be administered if a physician certified by an institutional review board participates in the program (Sec. 1-487.255.a).

• Specifies if the patient is a minor or lacks the mental capacity to provide informed consent, a parent, guardian, or conservator may provide informed consent on the patient’s behalf (Sec. 1-487.256.b).

• Establishes a physician is qualified to prescribe low-THC cannabis for the treatment of a patient with a medical condition approved by rule of the executive commissioner of the Health and Human Services Commission for treatment in an approved research program if the physician is (Sec. 3.c):

• Licensed under this subtitle; and

• Certified by a compassionate-use institutional review board that oversees patient treatment undertaken as part of that approved research program.

• Authorizes a patient to be prescribed low-THC cannabis by a physician if the physician determines the risk of the medical use of low-THC cannabis by the patient is reasonable in light of the potential benefit for the patient and the physician certifies that the patient is diagnosed with the following (Sec. 4):

• Post-traumatic stress disorder; or

• A medical condition that is approved for a research program and for which the patient is receiving treatment under that program.

Full Bill Text