Terms Used In Montana Code 16-12-520

• Debilitating medical condition: means :

  (a)cancer, glaucoma, positive status for human immunodeficiency virus, or acquired immune deficiency syndrome when the condition or disease results in symptoms that seriously and adversely affect the patient's health status;

  (b)cachexia or wasting syndrome;

  (c)severe chronic pain that is a persistent pain of severe intensity that significantly interferes with daily activities as documented by the patient's treating physician;

  (d)intractable nausea or vomiting;

  (e)epilepsy or an intractable seizure disorder;

  (f)multiple sclerosis;

  (g)Crohn's disease;

  (h)painful peripheral neuropathy;

  (i)a central nervous system disorder resulting in chronic, painful spasticity or muscle spasms;

  (j)admittance into hospice care in accordance with rules adopted by the department; or

  (k)posttraumatic stress disorder. See Montana Code 16-12-102

• Department: means the department of revenue provided for in 2-15-1301. See Montana Code 16-12-102
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Licensed premises: means all locations related to, or associated with, a specific license that is authorized under this chapter and includes all enclosed public and private areas at the location that are used in the business operated pursuant to a license, including offices, kitchens, restrooms, and storerooms. See Montana Code 16-12-102
• Marijuana: means all plant material from the genus Cannabis containing tetrahydrocannabinol (THC) or seeds of the genus capable of germination. See Montana Code 16-12-102
• Person: means an individual, partnership, association, company, corporation, limited liability company, or organization. See Montana Code 16-12-102
• Standard of care: means , at a minimum, the following activities when undertaken in person or through the use of telemedicine by a patient's treating physician or referral physician if the treating physician or referral physician is providing written certification for a patient with a debilitating medical condition:

  (a)obtaining the patient's medical history;

  (b)performing a relevant and necessary physical examination;

  (c)reviewing prior treatment and treatment response for the debilitating medical condition;

  (d)obtaining and reviewing any relevant and necessary diagnostic test results related to the debilitating medical condition;

  (e)discussing with the patient and ensuring that the patient understands the advantages, disadvantages, alternatives, potential adverse effects, and expected response to the recommended treatment;

  (f)monitoring the response to treatment and possible adverse effects; and

  (g)creating and maintaining patient records that remain with the physician. See Montana Code 16-12-502

• Testing laboratory: means a qualified person, licensed under this chapter that:

  (a)provides testing of representative samples of marijuana and marijuana products; and

  (b)provides information regarding the chemical composition and potency of a sample, as well as the presence of molds, pesticides, or other contaminants in a sample. See Montana Code 16-12-102

• Written certification: means a statement signed by a treating physician or referral physician that meets the requirements of 16-12-509 and is provided in a manner that meets the standard of care. See Montana Code 16-12-502