Seán Fleming (Laois, Fianna Fail)
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403. To ask the Minister for Health his plans to re-examine the conditions by which consultants can prescribe medicinal cannabis for persons with Dravet syndrome in such a way as to not make them personally liable for their entire treatment thereafter which understandably makes them reluctant to prescribe medicinal cannabis in these situations; and if he will make a statement on the matter. [43446/18]

Simon Harris (Wicklow, Fine Gael)
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I have not received any reports from hospital consultants regarding insurance companies refusing to provide cover for neurological paediatricians prescribing medicinal cannabis.

Irish-based medical practitioners who wish to prescribe cannabis products containing THC may apply to the Minister for Health for a licence under the Misuse of Drugs Acts.

The Chief Medical Officer has advised that the granting of such a licence must be premised on an appropriate application being submitted to the Department of Health, which is endorsed by a consultant who is responsible for the management of the patient and who is prepared to monitor the effects of the treatment over time.

Under existing arrangements consultants in public hospitals are covered by the Clinical Indemnity Scheme (CIS) in respect of the prescription of THC-based medicines for a patient under their care provided that the consultant is permitted to do so under a licence granted by the Minister for Health under the Misuse of Drugs Acts and where he/she has exhausted all other treatment options for that patient.

In relation to private consultants the CIS covers the excess over the indemnity ceilings (or Caps) set by the State for private indemnifiers of consultants working in private practice settings. Effectively, the private indemnifier’s liability in respect of any claim is capped at the relevant indemnity ceiling and the State assumes responsibility for any amount in excess of the cap. Consultants in private hospitals should check with their Medical Defence Organisations to establish that such organisations will cover them up to the Caps limit in cases where they are considering prescribing THC-based medicines for a patient, under licence from the Minister and where he/she has exhausted all other treatment options for that patient.