Professional Documents
Culture Documents
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EXPLANATION Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
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20 physician on the basis of the attending physician engaging in certain acts relating to
21 the medical use of marijuana. (NRS 453A.500, 630.3066, 633.521) Sections 10
22 and 12-16 of this bill similarly prohibit the State Board of Nursing, Board of
23 Psychological Examiners, Board of Examiners for Marriage and Family Therapists
24 and Clinical Professional Counselors, Board of Examiners for Social Workers and
25 Board of Examiners for Alcohol, Drug and Gambling Counselors from taking
26 disciplinary action against an attending provider of health care.
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1 (b) The person shall return his or her registry identification card
2 or letter of approval to the Division within 7 days after receiving the
3 notice sent pursuant to paragraph (a).
4 Sec. 7. NRS 453A.240 is hereby amended to read as follows:
5 453A.240 If a person to whom the Division or its designee has
6 issued a registry identification card or letter of approval pursuant to
7 paragraph (a) of subsection 1 of NRS 453A.220 is diagnosed by the
8 persons attending [physician] provider of health care as no longer
9 having a chronic or debilitating medical condition, the person shall
10 return his or her registry identification card or letter of approval and
11 his or her designated primary caregiver, if any, shall return his or
12 her registry identification card to the Division within 7 days after
13 notification of the diagnosis.
14 Sec. 8. NRS 453A.310 is hereby amended to read as follows:
15 453A.310 1. Except as otherwise provided in this section and
16 NRS 453A.300, it is an affirmative defense to a criminal charge of
17 possession, delivery or production of marijuana, or any other
18 criminal offense in which possession, delivery or production of
19 marijuana is an element, that the person charged with the offense:
20 (a) Is a person who:
21 (1) Has been diagnosed with a chronic or debilitating
22 medical condition within the 12-month period preceding his or her
23 arrest and has been advised by his or her attending [physician]
24 provider of health care that the medical use of marijuana may
25 mitigate the symptoms or effects of that chronic or debilitating
26 medical condition;
27 (2) Is engaged in the medical use of marijuana; and
28 (3) Possesses, delivers or produces marijuana only in the
29 amount described in paragraph (b) of subsection 3 of NRS
30 453A.200 or in excess of that amount if the person proves by a
31 preponderance of the evidence that the greater amount is medically
32 necessary as determined by the persons attending [physician]
33 provider of health care to mitigate the symptoms or effects of the
34 persons chronic or debilitating medical condition; or
35 (b) Is a person who:
36 (1) Is assisting a person described in paragraph (a) in the
37 medical use of marijuana; and
38 (2) Possesses, delivers or produces marijuana only in the
39 amount described in paragraph (b) of subsection 3 of NRS
40 453A.200 or in excess of that amount if the person proves by a
41 preponderance of the evidence that the greater amount is medically
42 necessary as determined by the assisted persons attending
43 [physician] provider of health care to mitigate the symptoms or
44 effects of the assisted persons chronic or debilitating medical
45 condition.
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