2023 Utah Code › Title 26B - Utah Health and Human Services Code › Chapter 4 - Health Care - Delivery and Access › Part 2 - Cannabinoid Research and Medical Cannabis › Section 205 - Standard of care -- Physicians and pharmacists not liable -- No private right of action.

Effective 5/3/2023
26B-4-205.
Standard of care -- Physicians and pharmacists not liable -- No private right of action.
(1) An individual described in Subsection (2) is not subject to the following solely for violating a federal law or regulation that would otherwise prohibit recommending, prescribing, or dispensing medical cannabis, a medical cannabis product, or a cannabis-based drug that the United States Food and Drug Administration has not approved:
(a) civil or criminal liability; or
(b) licensure sanctions under Title 58, Chapter 17b, Pharmacy Practice Act, Title 58, Chapter 31b, Nurse Practice Act, Title 58, Chapter 67, Utah Medical Practice Act, Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or Title 58, Chapter 70a, Utah Physician Assistant Act.
(2) The limitations of liability described in Subsection (1) apply to:
(a) a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act, an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse Practice Act, a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, or a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant Act:
(i)
(A) whom the department has registered as a qualified medical provider; or
(B) who makes a recommendation as a limited medical provider; and
(ii) who recommends treatment with cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form to a patient in accordance with this part; and
(b) a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act:
(i) whom the department has registered as a pharmacy medical provider; and
(ii) who dispenses, in a medical cannabis pharmacy, treatment with cannabis in a medicinal dosage form or a cannabis product in a medicinal dosage form to a medical cannabis cardholder in accordance with this part.
(3) Nothing in this section or part reduces or in any way negates the duty of an individual described in Subsection (2) to use reasonable and ordinary care in the treatment of a patient:
(a) who may have a qualifying condition; and
(b)
(i) for whom the individual described in Subsection (2)(a)(i) or (ii) has recommended or might consider recommending a treatment with cannabis or a cannabis product; or
(ii) with whom the pharmacist described in Subsection (2)(b) has interacted in the dosing or dispensing of cannabis or a cannabis product.
(4)
(a) As used in this Subsection (4), "healthcare facility" means a health care facility as defined in Section 26B-2-201.
(b) A healthcare facility may adopt restrictions on the possession, use, and storage of medical cannabis on the premises of the healthcare facility by a medical cannabis cardholder who resides at or is actively receiving treatment or care at the healthcare facility.
(c) An employee or agent of a healthcare facility described in this Subsection (4) is not subject to civil or criminal liability for carrying out employment duties, including:
(i) providing or supervising care to a medical cannabis cardholder; or
(ii) in accordance with a caregiver designation under Section 26B-4-214 for a medical cannabis cardholder residing at the healthcare facility, purchasing, transporting, or possessing medical cannabis for the relevant patient and in accordance with the designation.
(d) Nothing in this section requires a healthcare facility to adopt a restriction under Subsection (4)(b).
Renumbered and Amended by Chapter 307, 2023 General Session