Can physicians certify medical marijuana patients via telemedicine?

If the standard of care does not require an in-person encounter, and if the physician can conduct an exam via telemedicine in a manner that allows that physician to truthfully answer all attestations on the physician certification form in the affirmative, then yes, the physician may certify patients through telemedicine. As always, physicians licensed in Missouri who practice telemedicine must comply with RSMo 191.1145 and 191.1146. Physicians should also note the certification form requires a handwritten signature.

Which medical professionals can certify patients to obtain an identification card?

Per Article XIV of the Missouri Constitution, only physicians who are licensed and in good standing to practice medicine or osteopathy under Missouri law may certify qualifying medical conditions in patients. The practice of medicine or osteopathy means practice by persons who hold a physician and surgeon license pursuant to Chapter 334, RSMo, including those who are admitted to practice in Missouri by reciprocity pursuant to section 334.043, RSMo.

Why are only MD and DO listed on the physician certification form?

Article XIV of the Missouri Constitution and our rules only allow an MD or a DO to certify qualifying medical conditions.

Can other types of medical professionals, other than those licensed pursuant to Chapter 334, certify patients?

No. “Physician,” as used in Article XIV of the Missouri Constitution, is generally defined by Chapter 334 RSMo and specifically defined for purposes of medical marijuana certification by 19 CSR 30-95.010. Other medical professionals are not authorized by the Missouri Constitution or the Department to certify qualifying medical conditions.

What conditions qualify?

  1. Cancer;
  2. Epilepsy;
  3. Glaucoma;
  4. Intractable migraines unresponsive to other treatment;
  5. A chronic medical condition that causes severe, persistent pain or persistent muscle spasms, including but not limited to those associated with multiple sclerosis, seizures, Parkinson’s disease, and Tourette’s syndrome;
  6. Debilitating psychiatric disorders, including, but not limited to, post-traumatic stress disorder, if diagnosed by a state licensed psychiatrist;
  7. Human immunodeficiency virus or acquired immune deficiency syndrome;
  8. A chronic medical condition that is normally treated with a prescription medication that could lead to physical or psychological dependence, when a physician determines that medical use of marijuana could be effective in treating that condition and would serve as a safer alternative to the prescription medication;
  9. A terminal illness; or
  10. In the professional judgment of a physician, any other chronic, debilitating or other medical condition, including, but not limited to, hepatitis C, amyotrophic lateral sclerosis, inflammatory bowel disease, Crohn’s disease, Huntington’s disease, autism, neuropathies, sickle cell anemia, agitation of Alzheimer’s disease, cachexia, and wasting syndrome.

Can patients visit a doctor now to obtain a physician certification for their qualifying condition?

Yes. However, the physician certification must be no more than thirty (30) days old at the time the patient applies for their patient identification card or renewal card.