UT Code § 26-61a-106 (2021)
2021 Utah Code|Title 26 - Utah Health Code|Chapter 61a - Utah Medical Cannabis Act|Part 1 - General Provisions|Section 106 - Qualified medical provider registration -- Continuing education -- Treatment recommendation -- Limited medical provider.

 Effective 3/17/2021  26-61a-106. Qualified medical provider registration -- Continuing education -- Treatment recommendation -- Limited medical provider.    (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.     (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.       (b) Beginning on the earlier of September 1, 2021, or the date on which the department gives notice that the electronic verification system is functionally capable as described in Subsection 26-61a-103(2)(d), 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:   (i) the individual recommends the use of medical cannabis to the patient through an order described in Subsection (1)(c) after:   (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     (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       (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.       (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:   (i)   (A) that the individual or the individual's employee sends electronically to a medical cannabis pharmacy; or     (B) that the individual gives to the patient in writing for the patient to deliver to a medical cannabis pharmacy; and       (ii) may include:   (A) directions of use or dosing guidelines; and     (B) an indication of a need for a caregiver in accordance with Subsection 26-61a-201(3)(c).         (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:   (i) the date of issuance;     (ii) the provider's name, address and contact information, controlled substance license information, and signature; and     (iii) the patient's name, address and contact information, age, and diagnosed qualifying condition.       (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)   (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:   (i) provides to the department the individual's name and address;     (ii) provides to the department a report detailing the individual's completion of the applicable continuing education requirement described in Subsection (3);     (iii) provides to the department evidence that the individual meets the recommending qualifications;     (iv) for an applicant on or after November 1, 2021, provides to the department the information described in Subsection (10)(a); and     (v) pays the department a fee in an amount that:   (A) the department sets, in accordance with Section 63J-1-504; and     (B) does not exceed $300 for an initial registration.         (b) The department may not register an individual as a qualified medical provider if the individual is:   (i) a pharmacy medical provider; or     (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)   (a) An individual shall complete the continuing education described in this Subsection (3) in the following amounts:   (i) for an individual as a condition precedent to registration, four hours; and     (ii) for a qualified medical provider as a condition precedent to renewal, four hours every two years.       (b) In accordance with Subsection (3)(a), a qualified medical provider shall:   (i) complete continuing education:   (A) regarding the topics described in Subsection (3)(d); and     (B) offered by the department under Subsection (3)(c) or an accredited or approved continuing education provider that the department recognizes as offering continuing education appropriate for the recommendation of cannabis to patients; and       (ii) make a continuing education report to the department in accordance with a process that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in collaboration with the Division of Occupational and Professional Licensing and:   (A) for a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act, the Podiatric Physician Board;     (B) for an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, the Board of Nursing;     (C) for a qualified medical provider licensed under Title 58, Chapter 67, Utah Medical Practice Act, the Physicians Licensing Board;     (D) for a qualified medical provider licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon's Licensing Board; and     (E) for a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act, the Physician Assistant Licensing Board.         (c) The department may, in consultation with the Division of Occupational and Professional Licensing, develop the continuing education described in this Subsection (3).     (d) The continuing education described in this Subsection (3) may discuss:   (i) the provisions of this chapter;     (ii) general information about medical cannabis under federal and state law;     (iii) the latest scientific research on the endocannabinoid system and medical cannabis, including risks and benefits;     (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     (v) best practices for recommending the form and dosage of medical cannabis products based on the qualifying condition underlying a medical cannabis recommendation.         (4)   (a) Except as provided in Subsection (4)(b), a qualified medical provider may not recommend a medical cannabis treatment to more than 275 of the qualified medical provider's patients at the same time, as determined by the number of medical cannabis cards under the qualified medical provider's name in the state electronic verification system.     (b) A qualified medical provider may recommend a medical cannabis treatment to up to 600 of the qualified medical provider's patients at any given time, as determined by the number of medical cannabis cards under the qualified medical provider's name in the state electronic verification system, if:   (i) the appropriate American medical board has certified the qualified medical provider in the specialty of anesthesiology, gastroenterology, neurology, oncology, pain, hospice and palliative medicine, physical medicine and rehabilitation, rheumatology, endocrinology, or psychiatry; or     (ii) a licensed business employs or contracts with the qualified medical provider for the specific purpose of providing hospice and palliative care.         (5) A recommending medical provider may recommend medical cannabis to an individual under this chapter 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)   (a) Except as provided in Subsection (6)(b), an individual may not advertise that the individual recommends medical cannabis treatment in accordance with this chapter.     (b) For purposes of Subsection (6)(a), the communication of the following, through a website, by a qualified medical provider, does not constitute advertising:   (i) a green cross;     (ii) a qualifying condition that the individual treats;     (iii) the individual's registration as a qualified medical provider; or     (iv) a scientific study regarding medical cannabis use.         (7)   (a) A qualified medical provider registration card expires two years after the day on which the department issues the card.     (b) The department shall renew a qualified medical provider's registration card if the provider:   (i) applies for renewal;     (ii) is eligible for a qualified medical provider registration card under this section, including maintaining an unrestricted license under the recommending qualifications;     (iii) certifies to the department in a renewal application that the information in Subsection (2)(a) is accurate or updates the information;     (iv) submits a report detailing the completion of the continuing education requirement described in Subsection (3); and     (v) pays the department a fee in an amount that:   (A) the department sets, in accordance with Section 63J-1-504; and     (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 receive any compensation or benefit for the qualified medical provider's medical cannabis treatment recommendation from:   (a) a cannabis production establishment or an owner, officer, director, board member, employee, or agent of a cannabis production establishment;     (b) a medical cannabis pharmacy or an owner, officer, director, board member, employee, or agent of a medical cannabis pharmacy; or     (c) a recommending medical provider or pharmacy medical provider.       (10)   (a) On or before November 1, 2021, a qualified medical provider shall report to the department, in a manner designated by the department:   (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     (ii) 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, either as an actual cash rate or, if the provider or entity bills insurance, an average cash rate.       (b) The department shall:   (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):   (A) the name of the qualified medical provider and, if applicable, the name of the entity that employs the qualified medical provider;     (B) the address of the qualified medical provider's office or, if applicable, the entity that employs the qualified medical provider; and     (C) the fee amount described in Subsection (10)(a)(ii); and       (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.        Amended by Chapter 337, 2021 General SessionAmended by Chapter 350, 2021 General Session