GA - GAC
Rules and Regulations of the State of Georgia
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Chapter 360-36 LOW THC OIL

Rule 360-36-.01 Definitions

As used in these rules, the following shall mean:

(1) 'Board' means the Georgia Composite Medical Board.
(2) 'Department' means the Department of Public Health.
(3) 'Low THC oil' means an oil that contains not more than 5 percent by weight of tetrahydrocannabinol and an amount of cannabinol equal to or greater than the amount of tetrahydrocannabinol.
(4) 'Physician' means an individual licensed to practice medicine pursuant to Article 2 of Chapter 34 of Title 43.
(5) 'Registry' means the Low THC Oil Patient Registry.
(6) 'Doctor-patient relationship' means the physician must be the patient's primary care or specialist physician treating the patient for the specific condition requiring treatment by Low THC oil, and must be maintaining patient records supporting the diagnosis and treatment of the patient.
(7) 'Caregiver' means the parent, guardian, or legal custodian of an individual who is less than 18 years of age or the legal guardian of an adult.
(8) 'Condition' means for the purpose of those conditions listed in O.C.G.A. 31-2A-18(a)(3).

Rule 360-36-.02 Physician Certification

(1) In order to register a patient with the Department, the physician must:
(a) Hold an active license to practice medicine in the State of Georgia;
(b) Have a doctor-patient relationship with the patient;
(c) Have determined that the patient has a condition that qualifies for Low THC oil under the law;
(d) Be treating the patient for the condition; and
(e) Have provided the patient with a Board-approved waiver form and the patient must have signed the form.
(2) The physician must provide the following information to the Department:
(a) The name and address of a patient and, if appropriate, the name and address of the patient's caregiver;
(b) The medical condition of the patient and how long the patient has been diagnosed with the condition;
(c) Whether the patient qualifies for the use of low THC oil under the law;
(d) The length of time the physician has been treating the patient;
(e) What other treatments has the patient had for the condition; and
(f) Certification that the physician has a doctor-patient relationship with the patient.
(3) The physician must keep a copy of the physician certification in the patient's medical record.

Rule 360-36-.03 Waiver Forms

The physician shall provide to the patient a copy of the waiver form approved by the Board advising that the use of cannabinoids and THC-containing products have not been approved by the FDA and the clinical benefits are unknown and may cause harm. A signed copy of this form shall be maintained in the patient record and shall be submitted to the Department of Public Health along with the certification form for registration. The approved Board form may be found at http://dph.georgia.gov/low-thc-oil-registry.

Rule 360-36-.04 Semi-Annual Reports

(1) Physicians certifying patients to the Department for Low THC oil shall make semi-annual reports to the Board by filing the report online at http://dph.georgia.gov/low-thc-oil-registry. The reports should be submitted within ten (10) days of the reporting period April and October. Such reports shall require physicians to provide information, including, but not limited to:
(a) Name, address, and contact information for the physician;
(b) Unique patient number from the registration card;
(c) Condition being treated;
(d) Amount or concentration of THC oil reported by the patient;
(e) Drug interactions, if any;
(f) Adverse effects, if any;
(g) If the physician is still treating the patient, and if not, why; and
(h) Patient compliance with treatment.
(2) Information obtained from the semi-annual reports are confidential.
(3) Physicians that are no longer seeing the patients can notify the Board before the next semi-annual report is due by submitting the report early in writing.
(4) Failure to submit the reports as required herein will be reported to the Department and may affect the physician's eligibility to participate on the registry.
(5) A physician should maintain a copy of each semi-annual report in the patient's medical record.

Rule 360-36-.05 Discipline

Failure to comply with the rules and regulations of the Board is grounds for disciplinary action by the Board under O.C.G.A. Section 43-34-8.