4731-32-05 [Effective 9/8/2017] Petition to request additional qualifying condition or disease.

(A) A petition to request the approval of a condition or disease to be designated as a qualifying medical condition shall be submitted to the board in the manner required by the board.

(B) No later than October fifteenth of each year, the board shall designate a period during which petitions will be accepted in the next calendar year. Petitions will not be accepted after the expiration of the acceptance period.

(C) A petition shall include all of the following information:

(1) The name and contact information for the person submitting the petition.

(2) The specific disease or condition requested to be added as a qualifying condition;

(3) Information from experts who specialize in the study of the disease or condition;

(4) Relevant medical or scientific evidence pertaining to the disease or condition;

(5) Consideration of whether conventional medical therapies are insufficient to treat or alleviate the disease or condition;

(6) Evidence supporting the use of medical marijuana to treat or alleviate the disease or condition, including journal articles, peer-reviewed studies, and other types of medical or scientific documentation;

(7) Letters of support provided by physicians with knowledge of the disease or condition. This may include a letter provided by the physician treating the petitioner, if applicable.

(D) The state medical board shall not consider a petition seeking to add a broad category of diseases or conditions.

(E) In making its decision, the board shall review the petitions and supporting material.

(1) The board may consolidate the review of two or more petitions submitted for the same or similar diseases or conditions.

(2) The board may establish a limit on the number of petitions to be considered in a calendar year.

(3) The board shall consult with one or more experts who specialize in the disease or condition.

(4) The board shall review any relevant medical or scientific evidence pertaining to the disease or condition.

(5) The board shall consider whether conventional medical therapies are insufficient to treat or alleviate the disease or condition.

(6) The board shall review evidence supporting the use of medical marijuana to treat or alleviate the disease or condition.

(7) The board shall review any letters of support provided by physicians with knowledge of the disease or condition, including any letter provided by a physician treating the petitioner, if applicable.

(8) The board shall review any other relevant evidence regarding the disease or condition.

(F) The board will issue a written decision no later than one hundred eighty days after the acceptance period closes unless the board determines that good cause exists to allow an extension. The board shall notify the petitioner of its decision and publish the decision on the medical marijuana control program website.

(G) Any petition for a condition that has been previously reviewed by the board and rejected will not be considered by the board unless new scientific research that supports the request is offered.

Cite as Ohio Admin. Code 4731-32-05

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 4731.05, 4731.301, 4731.302
Rule Amplifies: 4731.302