Summary:
House Bill 2881 Sponsored by Representative BUCKLEY; Representatives HOLVEY, KOTEK, SHIELDS, TOMEI
-- Relating to medical Marijuana.
Relating to medical Marijuana; creating new provisions; and amending ORS 438.435 and 475.326.
... Relating to medical Marijuana; creating new provisions; and amending ... and includes a test for Marijuana, the laboratory shall forward the Marijuana test result to the medical ...
[snip]
Relating to medical Marijuana; creating new provisions; and amending ORS 438.435 and 475.326.
[snip]
{ + (4) When the substance of abuse test is a test for
nonmedical employment or pre-employment purposes and includes a
test for Marijuana, the laboratory shall forward the Marijuana
test result to the medical review officer designated by the
employer under section 2 of this 2009 Act. The laboratory may not
report a Marijuana test result to the employer, but may report
the result of any other substance of abuse test in accordance
with this section. + }
[snip]
(b) 'Medical review officer' means a physician licensed under
ORS chapter 677 who is responsible for receiving, reviewing and
reporting laboratory results generated when an employer performs
a drug test for Marijuana on an employee.
(2) If an employer requires an employee to submit to a drug
test for Marijuana, the employer shall designate a medical review
officer to receive, review and report the test result to the
employer. The medical review officer must be trained in the
assessment and treatment of substance abuse.
(3) If a medical review officer receives a test result that is
negative for Marijuana from a laboratory as provided in ORS
438.435, the medical review officer shall report a negative
Marijuana test result to the employer.
(4)(a) If a medical review officer receives a test result that
is positive for Marijuana from a laboratory as provided in ORS
438.435, the medical review officer shall consult with the
employee to determine if the employee possesses a registry
identification card issued under ORS 475.309.
(b) If the employee does not possess a registry identification
card issued under ORS 475.309, the medical review officer shall
report a positive Marijuana test result to the employer.
(c) If the employee possesses a registry identification card
issued under ORS 475.309, the medical review officer shall
consult with the employee to determine the employee's pattern of
Marijuana use and the potential for impairment while the employee
is acting in the course and scope of employment.
(d) If, after the consultation required by paragraph (c) of
this subsection, the medical review officer determines that the
employee's Marijuana use poses a risk to the safety of the
employee or others in the employee's place of employment, the
medical review officer shall report a positive Marijuana test
result to the employer.
(e) If, after the consultation required by paragraph (c) of
this subsection, the medical review officer determines that the
employee's Marijuana use does not pose a risk to the safety of
the employee or others in the employee's place of employment, the
medical review officer shall report a negative Marijuana test
result to the employer. + }
SECTION 3. ORS 475.326 is amended to read:
475.326. No attending physician may be subjected to civil
penalty or discipline by the Oregon Medical Board for:
(1) Advising a person whom the attending physician has
diagnosed as having a debilitating medical condition, or a person
who the attending physician knows has been so diagnosed by
another physician licensed under ORS chapter 677, about the risks
and benefits of medical use of Marijuana or that the medical use
of Marijuana may mitigate the symptoms or effects of the person's
debilitating medical condition, provided the advice is based on
the attending physician's personal assessment of the person's
medical history and current medical condition; or
(2) Providing the written documentation necessary for issuance
of a registry identification card under ORS 475.309, if { + :
(a) + } The documentation is based on the attending physician's
{ + in-person examination of the applicant and + } personal
assessment of the applicant's medical history { - and - }
{ + , + } current medical condition { + and appropriate
treatment plan; + } and
{ + (b) + } The attending physician has discussed the
potential medical risks and benefits of the medical use of
Marijuana with the applicant.
The text on this Bill can be found in PDF format at:
http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2881.intro.pdf
Status:
03/03 (H) First reading. Referred to Speaker's desk.
03/05 (H) Referred to Business and Labor.
03/18 (H) Public Hearing held.
Testifying
Each speaker called to testify will have two minutes to address the
committee. The order of testimony may be managed to ensure that all
points of view on these measures are presented.
Staff respectfully requests that you submit 25 collated copies of written
materials at the time of your testimony and, if possible, an electronic
copy of materials provided to staff 24 hours prior to the meeting.
Persons making presentations including the use of video, DVD, PowerPoint or
overhead projection equipment are asked to contact committee staff and
provide an electronic copy 24 hours prior to the meeting.
Whether you want to testify or not, it would be good to come to Salem for any hearings. It
would be especially good to try to schedule a meeting with your Senator -or- Representative
before the meeting, possible.
As with coming to court, if you decide to attend hearings, please dress appropriately and be
polite and respectful.
click here -
http://www.leg.state.or.us/capinfo/
- for Capitol Info, such as directions, phone numbers and maps.
If you cannot attend, Please write and testify.
You can find wording of the measures here:
http://www.leg.state.or.us/bills_laws/
you can listen to the hearings online here
http://www.leg.state.or.us/listn/
Details:
> Establishes procedure for employment-related marijuana drug testing and review of results by medical review officer.
> Requires attending physician who provides documentation for medical marijuana card to perform in-person examination of patient.
A copy of the Bill may be found online at:
http://www.leg.state.or.us/09reg/measpdf/hb2800.dir/hb2881.intro.pdf
. and here .
http://www.leg.state.or.us/09reg/measures/hb2800.dir/hb2881.intro.html
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To: orhouse@oreg.net
NOTEs -
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• Letters to the Editor & Opinion Pieces, American College of Emergency
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• How to Write Letters to the Editor, Schaffer Library of Drug Policy
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• Letter Writer's Style Guide, by Chris Donald
• Writing Effective Letters to the Editor, 20/20 Vision
respectfully, we suggest two main rules-of-thumb for letter writing
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Link Summary:
For reference, tools, etc.
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H.B. 2881. Text of the Bill.
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Index to Bills, and other items. Your Legislation Station.
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ToolShed. Tips, Tools and Tricks.
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