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Terms Used In Utah Code 26B-4-204

  • Advertise: means information provided by a person in any medium:
         (3)(a) to the public; and
         (3)(b) that is not age restricted to an individual who is at least 21 years old. See Utah Code 26B-4-201
  • Cannabis: means marijuana. See Utah Code 26B-4-201
  • Cannabis production establishment: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
  • Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. See Utah Code 26B-4-201
  • Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. See Utah Code 26B-4-201
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Limited medical provider: means an individual who:
         (24)(a) meets the recommending qualifications; and
         (24)(b) has no more than 15 patients with a valid medical cannabis patient card as a result of the individual's recommendation, in accordance with Subsection 26B-4-204(1)(b). See Utah Code 26B-4-201
  • Medical cannabis: means cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form. See Utah Code 26B-4-201
  • Medical cannabis courier: means the same as that term is defined in Section 4-41a-102. See Utah Code 26B-4-201
  • Medical cannabis patient card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
         (33)(a) the department issues to an individual with a qualifying condition; and
         (33)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Medical cannabis pharmacy: means a person that:
         (34)(a)
              (34)(a)(i) acquires or intends to acquire medical cannabis or a cannabis product in a medicinal dosage form from a cannabis processing facility or another medical cannabis pharmacy or a medical cannabis device; or
              (34)(a)(ii) possesses medical cannabis or a medical cannabis device; and
         (34)(b) sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
  • Medical cannabis treatment: means cannabis in a medicinal dosage form, a cannabis product in a medicinal dosage form, or a medical cannabis device. See Utah Code 26B-4-201
  • Person: means :
         (24)(a) an individual;
         (24)(b) an association;
         (24)(c) an institution;
         (24)(d) a corporation;
         (24)(e) a company;
         (24)(f) a trust;
         (24)(g) a limited liability company;
         (24)(h) a partnership;
         (24)(i) a political subdivision;
         (24)(j) a government office, department, division, bureau, or other body of government; and
         (24)(k) any other organization or entity. See Utah Code 68-3-12.5
  • Pharmacy medical provider: means the medical provider required to be on site at a medical cannabis pharmacy under Section 26B-4-219. See Utah Code 26B-4-201
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Provisional patient card: means a card that:
         (42)(a) the department issues to a minor with a qualifying condition for whom:
              (42)(a)(i) a recommending medical provider has recommended a medical cannabis treatment; and
              (42)(a)(ii) the department issues a medical cannabis guardian card to the minor's parent or legal guardian; and
         (42)(b) is connected to the electronic verification system. See Utah Code 26B-4-201
  • Qualified medical provider: means an individual:
         (43)(a) who meets the recommending qualifications; and
         (43)(b) whom the department registers to recommend treatment with cannabis in a medicinal dosage form under Section 26B-4-204. See Utah Code 26B-4-201
  • Qualifying condition: means a condition described in Section 26B-4-203. See Utah Code 26B-4-201
  • recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
         (46)(a) certifies the patient's eligibility for a medical cannabis card; and
         (46)(b) may include, at the recommending medical provider's discretion, directions of use, with or without dosing guidelines. See Utah Code 26B-4-201
  • Recommending medical provider: means a qualified medical provider or a limited medical provider. See Utah Code 26B-4-201
  • Recommending qualifications: means that an individual:
         (48)(a)
              (48)(a)(i) has the authority to write a prescription;
              (48)(a)(ii) is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah Controlled Substances Act; and
              (48)(a)(iii) possesses the authority, in accordance with the individual's scope of practice, to prescribe a Schedule II controlled substance; and
         (48)(b) is licensed as:
              (48)(b)(i) a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
              (48)(b)(ii) an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice Act;
              (48)(b)(iii) a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
              (48)(b)(iv) a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 26B-4-201
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State electronic verification system: means the system described in Section 26B-4-202. See Utah Code 26B-4-201
  • Targeted marketing: means the promotion by a qualified medical provider, medical clinic, or medical office that employs a qualified medical provider of a medical cannabis recommendation service using any of the following methods:
         (51)(a) electronic communication to an individual who is at least 21 years old and has requested to receive promotional information;
         (51)(b) an in-person marketing event that is held in an area where only an individual who is at least 21 years old may access the event;
         (51)(c) other marketing material that is physically or digitally displayed in the office of the medical clinic or office that employs a qualified medical provider; or
         (51)(d) a leaflet that a qualified medical provider, medical clinic, or medical office that employs a qualified medical provider shares with an individual who is at least 21 years old. See Utah Code 26B-4-201
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a)

          (1)(a)(i) Except as provided in Subsection (1)(b), an individual may not recommend a medical cannabis treatment unless the department registers the individual as a qualified medical provider in accordance with this section.
          (1)(a)(ii) Notwithstanding Subsection (1)(a)(i), a qualified medical provider who is podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act, may not recommend a medical cannabis treatment except within the course and scope of a practice of podiatry, as that term is defined in Section 58-5a-102.
     (1)(b) An individual who meets the recommending qualifications may recommend a medical cannabis treatment as a limited medical provider without registering under Subsection (1)(a) if:

          (1)(b)(i) the individual recommends the use of medical cannabis to the patient through an order described in Subsection (1)(c) after:

               (1)(b)(i)(A) a face-to-face visit for an initial recommendation or the renewal of a recommendation for a patient for whom the limited medical provider did not make the patient’s original recommendation; or
               (1)(b)(i)(B) a visit using telehealth services for a renewal of a recommendation for a patient for whom the limited medical provider made the patient’s original recommendation; and
          (1)(b)(ii) the individual’s recommendation or renewal would not cause the total number of the individual’s patients who have a valid medical cannabis patient card or provisional patient card resulting from the individual’s recommendation to exceed 15.
     (1)(c) The individual described in Subsection (1)(b) shall communicate the individual’s recommendation through an order for the medical cannabis pharmacy to record the individual’s recommendation or renewal in the state electronic verification system under the individual’s recommendation that:

          (1)(c)(i)

               (1)(c)(i)(A) the individual or the individual’s employee sends electronically to a medical cannabis pharmacy; or
               (1)(c)(i)(B) the individual gives to the patient in writing for the patient to deliver to a medical cannabis pharmacy; and
          (1)(c)(ii) may include:

               (1)(c)(ii)(A) directions of use or dosing guidelines; and
               (1)(c)(ii)(B) an indication of a need for a caregiver in accordance with Subsection 26B-4-213(3)(c).
     (1)(d) If the limited medical provider gives the patient a written recommendation to deliver to a medical cannabis pharmacy under Subsection (1)(c)(i)(B), the limited medical provider shall ensure that the document includes all of the information that is included on a prescription the provider would issue for a controlled substance, including:

          (1)(d)(i) the date of issuance;
          (1)(d)(ii) the provider’s name, address and contact information, controlled substance license information, and signature; and
          (1)(d)(iii) the patient’s name, address and contact information, age, and diagnosed qualifying condition.
     (1)(e) In considering making a recommendation as a limited medical provider, an individual may consult information that the department makes available on the department’s website for recommending providers.
(2)

     (2)(a) The department shall, within 15 days after the day on which the department receives an application from an individual, register and issue a qualified medical provider registration card to the individual if the individual:

          (2)(a)(i) provides to the department the individual’s name and address;
          (2)(a)(ii) provides to the department an acknowledgment that the individual has completed four hours of continuing education related to medical cannabis;
          (2)(a)(iii) provides to the department evidence that the individual meets the recommending qualifications;
          (2)(a)(iv) for an applicant on or after November 1, 2021, provides to the department the information described in Subsection (10)(a); and
          (2)(a)(v) pays the department a fee in an amount that:

               (2)(a)(v)(A) the department sets, in accordance with Section 63J-1-504; and
               (2)(a)(v)(B) does not exceed $300 for an initial registration.
     (2)(b) The department may not register an individual as a qualified medical provider if the individual is:

          (2)(b)(i) a pharmacy medical provider; or
          (2)(b)(ii) an owner, officer, director, board member, employee, or agent of a cannabis production establishment, a medical cannabis pharmacy, or a medical cannabis courier.
(3)

     (3)(a) An individual shall complete the continuing education related to medical cannabis in the following amounts:

          (3)(a)(i) for an individual as a condition precedent to registration, four hours; and
          (3)(a)(ii) for a qualified medical provider as a condition precedent to renewal, four hours every two years.
     (3)(b) The department may, in consultation with the Division of Professional Licensing, develop continuing education related to medical cannabis.
     (3)(c) The continuing education described in this Subsection (3) may discuss:

          (3)(c)(i) the provisions of this part;
          (3)(c)(ii) general information about medical cannabis under federal and state law;
          (3)(c)(iii) the latest scientific research on the endocannabinoid system and medical cannabis, including risks and benefits;
          (3)(c)(iv) recommendations for medical cannabis as it relates to the continuing care of a patient in pain management, risk management, potential addiction, or palliative care; and
          (3)(c)(v) best practices for recommending the form and dosage of medical cannabis based on the qualifying condition underlying a medical cannabis recommendation.
(4)

     (4)(a) Except as provided in Subsection (4)(b), a qualified medical provider may not recommend a medical cannabis treatment to more than 1.5% of the total amount of medical cannabis patient cardholders.
     (4)(b) If a qualified medical provider receives payment from an insurance plan for services provided under this chapter, then the patient whose insurance plan was billed does not count toward the 1.5% patient cap described in Subsection (4)(a).
(5) A recommending medical provider may recommend medical cannabis to an individual under this part only in the course of a provider-patient relationship after the recommending medical provider has completed and documented in the patient’s medical record a thorough assessment of the patient’s condition and medical history based on the appropriate standard of care for the patient’s condition.
(6)

     (6)(a) Except as provided in Subsections (6)(b) and (c), a person may not advertise that the person or the person’s employee recommends a medical cannabis treatment.
     (6)(b) Notwithstanding Subsection (6)(a) and Section 4-41a-109, a qualified medical provider, medical clinic, or medical office that employs a qualified medical provider may advertise only the following:

          (6)(b)(i) a green cross;
          (6)(b)(ii) the provider’s or clinic’s name and logo;
          (6)(b)(iii) a qualifying condition that the individual treats;
          (6)(b)(iv) that the qualified medical provider, medical clinic, or medical office evaluates patients for medical cannabis recommendations;
          (6)(b)(v) a scientific study regarding medical cannabis use; or
          (6)(b)(vi) contact information.
     (6)(c) Notwithstanding Subsection (6)(a) and Section 4-41a-109, qualified medical provider, medical clinic, or medical office that employs a qualified medical provider may engage in targeted marketing, as determined by the department through rule, for advertising medical cannabis recommendation services.
(7)

     (7)(a) A qualified medical provider registration card expires two years after the day on which the department issues the card.
     (7)(b) The department shall renew a qualified medical provider’s registration card if the provider:

          (7)(b)(i) applies for renewal;
          (7)(b)(ii) is eligible for a qualified medical provider registration card under this section, including maintaining an unrestricted license under the recommending qualifications;
          (7)(b)(iii) certifies to the department in a renewal application that the information in Subsection (2)(a) is accurate or updates the information;
          (7)(b)(iv) submits a report detailing the completion of the continuing education requirement described in Subsection (3); and
          (7)(b)(v) pays the department a fee in an amount that:

               (7)(b)(v)(A) the department sets, in accordance with Section 63J-1-504; and
               (7)(b)(v)(B) does not exceed $50 for a registration renewal.
(8) The department may revoke the registration of a qualified medical provider who fails to maintain compliance with the requirements of this section.
(9) A recommending medical provider may not:

     (9)(a) receive any compensation or benefit for the qualified medical provider’s medical cannabis treatment recommendation from:

          (9)(a)(i) a cannabis production establishment or an owner, officer, director, board member, employee, or agent of a cannabis production establishment;
          (9)(a)(ii) a medical cannabis pharmacy or an owner, officer, director, board member, employee, or agent of a medical cannabis pharmacy; or
          (9)(a)(iii) a recommending medical provider or pharmacy medical provider; or
     (9)(b) provide a medical cannabis recommendation at a medical clinic or medical office that is violating the advertising limitations described in Subsection (6).
(10)

     (10)(a) Each quarter, a qualified medical provider shall report to the department, in a manner designated by the department:

          (10)(a)(i) if applicable, that the qualified medical provider or the entity that employs the qualified medical provider represents online or on printed material that the qualified medical provider is a qualified medical provider or offers medical cannabis recommendations to patients; and
          (10)(a)(ii)

               (10)(a)(ii)(A) for cash payment without insurance, the fee amount that the qualified medical provider or the entity that employs the qualified medical provider charges a patient for a medical cannabis recommendation as an actual cash rate; and
               (10)(a)(ii)(B) whether the qualified medical provider or the entity that employs the qualified medical provider bills insurance.
     (10)(b) The department shall:

          (10)(b)(i) ensure that the following information related to qualified medical providers and entities described in Subsection (10)(a)(i) is available on the department’s website or on the health care price transparency tool under Subsection (10)(b)(ii):

               (10)(b)(i)(A) the name of the qualified medical provider and, if applicable, the name of the entity that employs the qualified medical provider;
               (10)(b)(i)(B) the address of the qualified medical provider’s office or, if applicable, the entity that employs the qualified medical provider; and
               (10)(b)(i)(C) the fee amount described in Subsection (10)(a)(ii)(A); and
          (10)(b)(ii) share data collected under this Subsection (10) with the state auditor for use in the health care price transparency tool described in Section 67-3-11.
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