(A) Any person may submit a petition to the state medical board requesting that a disease or condition be added as a qualifying medical condition for the purposes of section 3796.01 of the Revised Code. A petition shall be submitted to the board in a manner prescribed by the board. A petition shall be limited to one disease or condition and shall include a description of the disease or condition. A petition shall not seek to add a broad category of diseases or conditions.

Terms Used In Ohio Code 4731.302

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
  • state: means the state of Ohio. See Ohio Code 1.59

(B) On receipt of a petition, the board shall review it to determine whether to approve or deny the addition of the disease or condition described in the petition. The board may consolidate the review of petitions for the same or similar diseases or conditions. In making its determination, the board shall do all of the following:

(1) Consult with one or more experts who specialize in the study of the disease or condition;

(2) Review any relevant medical or scientific evidence pertaining to the disease or condition;

(3) Consider whether conventional medical therapies are insufficient to treat or alleviate the disease or condition;

(4) Review evidence supporting the use of medical marijuana to treat or alleviate the disease or condition;

(5) 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.

(C) The board shall approve or deny the petition in accordance with any rules adopted by the board under section 4731.301 of the Revised Code. The board’s decision is final.

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