MEDICAL USE OF MARIJUANA

TESTIMONY BY MARVA SEROTKIN, PRESIDENT AND CEO, THE BOSTON HOME

THE BOSTON HOME, FOUNDED IN 1881, IS A SPECIALIZED NURSING HOME, SERVING ADULTS WITH PROGRESSIVE NEUROLOGICAL DISEASES PRIMARILY MULTIPLE SCLEROSIS. THE AVERAGE AGE OF OUR RESIDENTS IS 57 YEARS WITH AN AGE RANGE OF 35-80.

MULTIPLE SCLEROSIS IS ONE OF THE CONDITIONS FOR WHICH MARIJUANA HAS SHOWN RELIEF FROM PAIN AND SPASTICITY. WE SUPPORT THE RIGHT OF OUR RESIDENTS WHO QUALIFY UNDER THE LAW TO HAVE ACCESS TO MARIJUANA. THIS ACCESS MUST BE AVAILABLE WITHIN REASONABLE PROCEDURES THAT PROTECT OUR STAFF AND THE INSTITUTION FROM LIABILITY AND CONFLICT WITH FEDERAL LAW THAT CONSIDERS USE OF MARIJUANA ILLEGAL.

THE PROPOSED REGULATIONS LEAVE MANY ISSUES UNANSWERED. I HAVE REVIEWED REGULATIONS PROMULGATED BY THE STATE OF MAINE (SECTION 11. RULES GOVERNING THE MAINE MEDICAL USE OF MARIJUANA PROGRAM INPATIENT HOSPICE AND NURSING FACILITIES) WHICH PROVIDE MORE SPECIFIC GUIDANCE.

MY COMMENTS ON THE PROPOSED REGULATIONS FOLLOW:

·  REGISTRATION FEE FOR THE CAREGIVING INSTITUTION. 95% OF OUR RESIDENTS ARE ON MASSHEALTH. WILL THE COMMONWEALTH PROVIDE RELIEF FOR THIS FEE?

·  REGISTRATION OF INSTITUTIONAL CAREGIVERS IS BURDENSOME ON THE INSTITUTION. PLEASE REFER TO THE PROCESS CONTAINED IN THE MAINE REGULATIONS.

·  THERE IS NO GUIDANCE REGARDING STORAGE.

·  RESIDENTS WILL NEED TO BE CERTIFIED BY A SPECIALLY DESIGNATED PHYSICAN. THIS CERTIFICATION WILL BE MADE BY A PHYSICIAN NOT CREDENTIALLED BY THE BOSTON HOME.

·  HAS THE DEPARTMENT OF JUSTICE APPROVED THE PROPOSED REGULATIONS THEREBY EXEMPTING INSTITUTIONS FROM FEDERAL LIABILITY? WHAT IS THE POSITION OF LOCAL LAW ENFORCEMENT?

·  THERE IS NO DATA ON APPROPRIATE DOSING. IF A NEGATIVE REACTION IS EXPERIENCED BY A RESIDENT, WHAT ARE THE REPORTING EXPECTATIONS?

·  WHAT IS THE RESPONSIBILITY OF THE INSTITUTION WHEN A FORM OF MARIJUANA IS GIVEN TO A RESIDENT BY A FAMILY MEMBER?

·  MOST OF OUR RESIDENTS ARE NOT ABLE TO REGISTER ON LINE. WHAT IS THE RESPONSIBILITY OF THE INSTITUTION FOR THIS REGISTRATION?

I APPRECIATE THAT THESE ARE CHALLENGING ETHICAL AND REGULATORY ISSUES. THANK YOU FOR THE OPPORUTUNTIY TO COMMENT ON THE PROPOSED REGULATIONS. WE WELCOME THE OPPORTUNITY TO WORK WITH THE DEPARTMENT OF PUBLIC HEALTH TO AMEND THESE REGULATIONS TO ENSURE THAT OUR RESIDENTS HAVE ACCESS TO MARIJUANA IN ACCORDANCE WITH THE VOTE OF THE CITIZENS WHILE PROTECTING THE RIGHTS OF PROVIDERS.

MARVA SEROTKIN

PRESIDENT AND CEO

THE BOSTON HOME, INC.

2049 DORCHESTER AVENUE

BOSTON, MA 02124

January 5, 2017