Physicians' Frequently Asked Questions
General FAQs
How can a patient receive medical marijuana?
A qualified patient must first seek treatment from a qualified physician. A qualified physician must enter the patient’s information into the Medical Marijuana Use Registry. Once the physician inputs the patient’s information, the patient must apply and be approved for a Medical Marijuana Use Identification Card. Once approved, patients may fill the order only at an approved Medical Marijuana Treatment Center, or via delivery.
Who can be a qualified patient's caregiver?
Florida law defines a caregiver as a resident of Florida who has agreed to assist with a qualified patient’s medical use of marijuana, has a caregiver identification card and meets all requirements under Florida law.
A caregiver must:
- Be 21 years of age;
- Agree in writing to assist with a qualified patient’s medical use of marijuana
- Be registered in the medical marijuana use registry as a caregiver for no more than one qualified patient, unless exempted from this requirement by Section 381.986(6), F.S.; and
- Meet all other requirements of Section 381.986(6), F.S.
A caregiver may not:
- Be a qualified physician;
- Be employed by or have an economic interest in a medical marijuana treatment center or a marijuana testing laboratory; or
- Receive compensation, other than actual expenses incurred, for any services provided to the qualified patient.
What are the requirements for a Florida physician to qualify to order medical marijuana?
A physician may only order low-THC cannabis or medical marijuana if he or she holds an active, unrestricted license as a physician under Chapter 458, Florida Statutes or an osteopathic physician under Chapter 459, Florida Statutes.
Additionally, a qualified physician must have successfully completed a 2-hour CME course and examination titled Florida Physician Medical Marijuana Course. Completion of the 2-hour course and exam is required each time the physician renews his or her medical license.
Once I have taken the required training, how long will it take for the order indicator to show on my license?
The Florida Medical Association reports course completion to the department’s continuing education tracking system within 12 to 24 hours of you completing the course. Once this information is available in the tracking system, the indicator with appear on the License Verification Site within 24 hours.
How do I update my contact information that appears in the registry and on the list of qualified physicians?
The information that is reflected in the list of all physicians who have completed the required training is automatically populated with the information located in physicians’ practitioner profiles. Specifically, it is pulled from the primary practice location and phone number fields.
The only way to change the information that is included in those automatically populated fields is for you to change the information listed within your practitioner profile. The practitioner profile can be updated by going to www.flhealthsource.gov > “Provider Services” > "Update Profile"
If you have any trouble navigating your practitioner profile, please contact MQA Licensure Services at 850-410-2211 or you can email their office at MQAOnlineService@flhealth.gov.
I took the qualified physician course but I do not intend to order marijuana. How do I get my name taken off the list and my order indicator removed?
How do I provide statutorily-required documentation?
For questions specific to statutorily-required documentation, please call 850-617-1903 or email MQA.HCPR-DataTeam@flhealth.gov
Same Kind or Class Documentation
The required documentation can be submitted through the Medical Marijuana Use Registry at the time of certifying a patient, or by mail.
If you wish to mail the documentation to the Board of Medicine or the Board of Osteopathic Medicine, their addresses are available on the boards' websites. There is no specific format required for the documentation but, to assist physicians in complying with the law, the boards have created a form for providing the documentation. The form is available on the boards’ websites.
Appropriate Route Documentation
When creating a certification for a qualified patient that includes marijuana in a form for smoking and it is the patient’s first time receiving a smoking recommendation from you, section 381.986(4)(c), Florida Statutes, requires further documentation to be submitted to your licensing board. You may either upload the documentation via the Medical Marijuana Use Registry OR you may mail the form and documentation directly to your board.
Second Physician Concurrence Form
When creating a certification for a terminally ill minor patient that includes marijuana in a form for smoking, the certifying physician is required to submit a Second Physician Concurrence Form per section 381.986(4)(d), Florida Statutes.
Telehealth FAQs
What is telehealth?
Per section 456.47, Florida Statutes (2023), “telehealth” means the use of technology by a telehealth provider to provide health care services, including, but not limited to, assessment, diagnosis, consultation, treatment, and monitoring of a patient; transfer of medical data; patient and professional health-related education; public health services; and health administration. The term does not include e-mail messages or facsimile transmissions.
What is House Bill 387?
House Bill 387 states a qualified physician may conduct subsequent examinations of a patient through telehealth, as defined by section 456.47, Florida Statutes, for the purposes of renewing that patient’s certification. Importantly, a qualified physician must still conduct an in-person physical examination of any patient before issuing the patient’s initial certification. An “in-person examination” means an examination conducted by a qualified physician while the physician is physically present in the same room as the patient.
When did House Bill 387 take effect?
The bill was effective as of July 1, 2023.
Can qualified physicians use audio-only telephone calls during a telehealth visit?
Yes. Telehealth does not include e-mail messages or facsimile transmissions (faxes).
Can qualified physicians issue an initial certification for medical marijuana by telehealth?
No. The law requires that qualified physicians may only issue an initial certification if they conduct a physical examination while physically present in the same room as the patient and a full assessment of the medical history. A renewal certification can be done through telehealth.
Can qualified physicians see a new patient via telehealth for a certification renewal?
No. If a patient changes qualified physicians (even if the new physician is a part of the same practice), the new qualified physician must conduct an in-person physical examination of that patient. After the new qualified physician conducts the in-person physical examination of the patient, they may recertify that patient using telehealth.
Are qualified physicians allowed to conduct a request for exception (RFE) appointment via telehealth?
The law allows for a qualified physician to conduct subsequent examinations of a patient via telehealth, only after the initial certification of that patient has been conducted via in-person physical examination by that same physician. The OMMU encourages qualified physicians to seek their own legal advice when asking how to interpret the law.
