In agenda item before the Georgia Composite Medical Board in the October meeting the decision that 'no demonstrated need' for the Patient Qualification Review Board is needed as required by law.
O.C.G.A. § 43-34-122 (2010)
§ 43-34-122. Definitions
As used in this article, the term:
(1) "Board" means the Georgia Composite Medical Board.
(2) "Marijuana" means marijuana or tetrahydrocannabinol, as defined or listed in Article 2 of Chapter 13 of Title 16.
(3) "Physician" means a person licensed to practice medicine pursuant to Article 2 of this chapter.
(4) "Program" means the Controlled Substances Therapeutic Research Program established pursuant to Code Section 43-34-123.
(5) "Review board" means the Patient Qualification Review Board established pursuant to Code Section 43-34-124.
HISTORY: Code 1933, § 84-903A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 1982, p. 3, § 43; Ga. L. 2009, p. 859, § 1/HB 509.
O.C.G.A. § 43-34-123 (2010)
§ 43-34-123. Controlled Substances Therapeutic Research Program
(a) There is established under the Georgia Composite Medical Board the Controlled Substances Therapeutic Research Program, which shall be administered by the board. Under the program, the board shall act as a sponsor of state-wide investigational studies, utilizing as drug investigators individual physicians who elect to participate in accordance with the guidelines and protocols developed by the board. Such guidelines and protocols shall be designed to ensure that stringent security and record-keeping requirements for research drugs are met and that participants in the program meet those research standards necessary to establish empirical bases for the evaluation of marijuana as a medically recognized therapeutic substance. The board shall promulgate such rules and regulations as it deems necessary or advisable to administer the program. In promulgating such guidelines, protocols, rules, and regulations, the board shall take into consideration those pertinent rules and regulations promulgated by the Federal Drug Enforcement Agency, the Food and Drug Administration, and the National Institute on Drug Abuse.
(b) The program shall be limited to patients who are certified to the board by a physician as being:
(1) Cancer patients involved in a life-threatening situation in which treatment by chemotherapy or radiology has produced severe side effects; or
(2) Glaucoma patients who are not responding to conventional controlled substances.
(c) No patient may be admitted to the program without full disclosure by the physician of the experimental nature of the program and of the possible risks and side effects of the proposed treatment.
(d) The cost of any blood test required by the federal Food and Drug Administration prior to entrance into the program shall be paid by the patient seeking entrance into the program.
(e) Only the following persons shall have access to the names and other identifying characteristics of patients in the program for whom marijuana has been prescribed under this article:
(1) The board;
(2) The review board created by Code Section 43-34-124;
(3) The Attorney General or his or her designee;
(4) Any person directly connected with the program who has a legitimate need for the information; and
(5) Any federal agency having responsibility for the program.
HISTORY: Code 1933, § 84-904A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 2009, p. 859, § 1/HB 509.
O.C.G.A. § 43-34-124 (2010)
§ 43-34-124. Patient Qualification Review Board; members; officers; meetings; duties; exception to open meetings requirements
(a) The board shall appoint the Patient Qualification Review Board. Each member of the review board shall be approved for such membership by a majority vote of the board and shall serve at the pleasure of the board. The review board shall be composed of:
(1) A board certified physician in ophthalmology;
(2) A board certified physician in surgery;
(3) A board certified physician in internal medicine and medical oncology;
(4) A board certified physician in psychiatry;
(5) A board certified physician in radiology; and
(6) A pharmacist licensed under Chapter 4 of Title 26, relating to pharmacists, pharmacy, and drugs.
(b) The review board shall elect from its members a chairperson and a vice chairperson. The review board shall hold regular meetings at least once every 60 days and shall meet at such additional times as shall be called by the chairperson of the review board or the chairperson of the board. Each member of the review board shall receive for services for each day's attendance upon meetings of such board the same amount authorized by law for members of the General Assembly for attendance upon meetings of the General Assembly.
(c) The board shall adopt such rules and regulations as it deems necessary for the performance of the duties of the review board.
(d) The review board shall review all patient applicants for the program and their physicians and shall certify those qualified for participation in the program. The review board shall additionally certify pharmacies which are licensed by the state and which are otherwise qualified and certify physicians regarding the distribution of marijuana pursuant to Code Section 43-34-125. Meetings of the review board to certify patients, physicians, or pharmacies shall not be open to the public, as otherwise required by Chapter 14 of Title 50.
HISTORY: Code 1933, § 84-905A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 2002, p. 415, § 43; Ga. L. 2009, p. 859, § 1/HB 509.
O.C.G.A. § 43-34-125 (2010)
§ 43-34-125. Receipt of marijuana by board; distribution; responsibility for costs of obtaining and testing marijuana
(a) The board shall apply to contract with the National Institute on Drug Abuse for receipt of marijuana pursuant to this article and pursuant to regulations promulgated by the National Institute on Drug Abuse, the Food and Drug Administration, and the Federal Drug Enforcement Agency.
(b) The board shall cause marijuana approved for use in the program to be transferred to a certified pharmacy, licensed by the state, for distribution to the certified patient by a licensed pharmacist upon a written order for research medication of the certified physician, pursuant to this article. Any reasonable costs incurred by the board in obtaining or testing marijuana shall be charged to participating physicians who may seek reimbursement from their research subjects utilizing the marijuana.
HISTORY: Code 1933, § 84-906A, enacted by Ga. L. 1980, p. 82, § 1; Ga. L. 2009, p. 859, § 1/HB 509.
What happened to this PROGRAM? Here are the Meeting Minutes of the Board from 1980's:
Medical Board Minutes
June, 9-11, 1980
Members of the Patient Qualification Review Board, Dr. Nixon, Dr. Greiner, Dr. Moore, Dr. Silverstein, Dr. Adams and Mr. Clifton joined the meeting for a report on the request for approval of the protocals for the therapuetic use of marijuana. Others present were Selby McCash, Public Relations Representative for the Office of Secretary of State, Noel Mayes of the Georgia Network and Mona Taft.
Mr. Clifton reported that he and Mrs. Taft had just returned from a trip to Washington where they met with officials of the Food and Drug Administration and the National Institute of Drug Abuse and got verbal approval of the protocals by the FDA. Written official approval is expected by July 9th and Boards hope the program will be underway the latter part of August or early September. Mr. Clifton said the FDA requested permission from the Composite State Board of Medical Examiners to use Georgia's protocals as model protocals for other states.
Dr. Thompson made a motion to authorize the PQR Board to send a letter to the FDA granting approval to use Board's protocals. Motion seconded by Dr. Trimble and unaniously passed.
Dr. Nixon expressed an interest in having a member of the PQR Board to meet with the Medical Board at the semi-monthly meetings to give a report on the activities.
Dr. Farris read a letter from Mona Taft thanking the Board for its support of the program.
August 13-14, 1980 with Board Members present on Aug. 13th were:
M. Virginia Tuggle, M.D., President
Bernard J. Bridges, M.D., Vice President
Albert M. Deal, M.D.
J. Duncan Farris, M.D.
J. Watts Lipscomb, M.D.
Bob Maughon, M.D.
William J. Morton, M.D.
John B. O'Neal, III, M.D.
Robert E. Thompson, M.D.
Hassie H. Trimble, Jr., D.O.
others present were:
James E. Anthony, Jr., M.D., Medical Coordinator
Margie K. McBryar, Board Secretary
Michael R. Fowler, Joint Secretary, joined the meeting to discuss a proposed contract for a consultant for the Patient Qualification Review Board (PQR) Board. He indicated the Secretary of State had given verbal approval of the contract.
There was a lengthy discussion of this contract and the duties of the consultant. The Board requested clarification of the duties. Dr. Lipscomb made a motion that C.L. Cliford be Member of the PQR Board, be requested to meet with the Medical Board to provide more information regarding the consultant's activities and duties. Motion was seconded by Dr. Trimble and carried by a majority vote.
The agenda was presented for consideration. Dr. Lipscomb made a motion to approve the agenda with flexibility. Dr. O'Neal seconded the motion which was unanimously passed.
December 1-3, 1980
Mr. Watry reported that the PQR Board voted to allow the contract for Mona Taft to expire December 31st, 1980. Motion seconded by Dr. Maughon and unanimously passed.
He advised that the Drug Enforcement Administration in Atlanta had completed its investigation of 6 hospital pharmacies and the PQR Board is awaiting approva from DEA in Washington to dispense the marijuana and THC capsules.
January 7, 1981
Mr. Watry gave a report on the proposed contract for the statistical analyses of the marijuana research program between the Patient Qualification Review Board and Emory University. He said it had been sent to the Board's attorney for study. He reported that twenty-three patients have been approved to receive the marijuana, but because "red tape" distribution cannot be made, however he anticipated it being shipped.
April 8-9, 1981
The proposed rules for the Controlled Substance Therapuetic Research Program were considered in the afternoon during physician's assistant matters. A letter from William Loga, M.D. ws read in which Dr. Logan requested that the Board include rules for glaucoma patients.
The Board asked that this letter be presented to the Patient Qualification Review Board and requested that Dr. Logan be notified that while the law provides for glaucoma patients, rules cannot be adopted until a protocal has been developed.
Dr. Mammett made a motion that the Board adopt the proposed rules as proposed, Dr. Neuberg seconded the motion and it was unanimously passed.
M. Virginia Tuggle, M.D. President
Michael R. Fowler, Joint Secretary,
State Examaning Boards Approved: June 16, 1981
October 7-8, 1981
Andy Watry reported on changes in the Marijuana Protocal as recommeded by the PQR Board.
change on page 5, Marijuana Protocal, Patient Eligibility, paragraph F:
"Patients with a history of angina and/or cardiovascular problems known to contraindicate the use of THC/marijuana will be ineligible."
change on page 10, Marijuana Protocal, Patient Parameters, paragraph A, number 4:
"EKG, chest x-ray (to be done by the attending physician)
"to be done by the attending physician" was recommended by Louise Leve, M.D., Drug Coordinator for THC of the National Institute of Health.
Dr. Kelley made a motion to change the protocal as recommended. Motion was seconded by Dr. Kennedy and unanimously passed.
The Board discussed the Glaucoma Protocal (previously mailed to Medical Board Members) proposed by the PQR Board. After a brief discussion, Dr. Hammett made a motion that the Medical Board support the Glaucoma Protocal as submitted by the PQR Board and as mandated to this Board (Medical) by the Georgia Legislature inh the Controlled Substance Therapuetic Research Act, Ga. Code Annotated 94-9A, effective February 22, 1980. Dr. Chastain seconded the motion and it was unanimously passed.
Bernard J. Bridges, M.D. President
Michael R. Fowler, Joint Secretary
State Examining Boards approved: December 1, 1981
Who Mona Taft?
Mona Taft on her husband Harris, "One day in 1977, when we arrived at the treatment room where Harris was to receive the injection, he bolted and ran down the corridor. I found him a bit later, wandering the halls. He told me he couldn't take any more chemotherapy. He was at wit's end, exhausted by the disease, terrified by the effects of the drugs that were supposed to prolong his life. I have never before or since seen a man so genuinely and deeply frightened. Harris had come to fear the treatments more than the cancer and, he admitted, more than death itself. He told me he would choose dying over further chemotherapy."
Later Harris tried smoking cannabis before chemotherapy; it completely controlled the vomiting.
"It is impossible for me to adequately describe what a profound difference marijuana made. Before using marijuana, Harris felt ill all the time, could not eat, could not even stand the smell of food cooking. Afterward, he remained active, ate regular meals, and could be himself. His mood, his manner, and his overall outlook were transformed. And of course, marijuana prolonged his life by allowing him to continue chemotherapy. In two years of smoking it, he never had an adverse or untoward reaction. Marijuana was the least dangerous drug my husband recieved during the nine years he was treated for cancer." (Marijuana the Forbidden Medicine, Grinspoon and Bakalar, 1993, reprinted with permission of copyright holders, Yale University Press for use in title The Science of Marijuana by Leslie L. Iversen)
What happened to the records? 'Gone with the wind'
Thank you for submitting your question to GEORGIA ARCHIVES
Question ID: 5933017
O.C.G.A. 43-34-123 established under the Georgia Composite State Medical Board of Medical Examiners the Controlled Substances Therapuetic Research Program that was administered by the composite board. This Controlled Substance Therapuetic Research Program began functioning in 1980 through at least Sept. 1982. Dr. Daniel Nixon of Emory was the President. Dr. Anthony was dispensing physician. Bonnie Gregory was the Secretary and is the current Assistant Administrator for the Georgia Drug and Narcotics Agency and these records are not filed with that office. The Georgia Composite Medical State Board of Medical Examiners was under the Secretary of State during that time. The Georgia Composite Medical Board that took its' place does not have the records of the Controlled Substance Therapeudic Research Program. This Program is also called CANCER AND GLYCOMA TREATMENT in the code section that is still in effect. Bonnie Gregory the former secretary is of the opinion that these records must have gone to the State Archives. Please research the location of the records and let me know where they are located and when they are available for review and copy costs. This research is on behalf of the Georgia Composite Medical Board. Also, can a full copy of the records be ordered by the Georgia Composite Medical Board? Who can I direct the Executive staff there to contact for a copy of this file?
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