Alabama Administrative Code › Title 540 - ALABAMA BOARD OF MEDICAL EXAMINERS › Chapter 540-X-25 - PHYSICIAN RECOMMENDATION OF THE USE OF MEDICAL CANNABIS › Section 540-X-25-.09 - Limitations Upon Registered Certifying Physicians

Current through Register Vol. 42, No. 9, June 28, 2024
(1) Except for the limited purpose of
			 performing a medical cannabis-related study, a registered certifying physician
			 shall not accept, solicit, or offer any form of remuneration from or to a
			 qualified patient, designated caregiver, or any licensee of the AMCC, including
			 a principal officer, board member, agent, or employee of the licensee, to
			 certify a patient, other than accepting payment from a patient for a fee, not
			 to exceed that which is customarily charged in the locality for physician
			 services, associated with the examination, medical consultation, or other
			 treatment, including, but not limited to, any third party reimbursement for the
			 same.
(2) A registered certifying
			 physician shall not accept, solicit, or offer any form of remuneration from or
			 to a dispensary for the purpose of referring a patient to a specific
			 dispensary.
(3) A registered
			 certifying physician shall not offer a discount or any other item of value to a
			 qualified patient who uses or agrees to designate a specific registered
			 caregiver or use a specific dispensary to obtain medical cannabis.
(4) A registered certifying physician shall
			 not hold a direct or indirect economic interest in a licensee of the
			 AMCC.
(5) A registered certifying
			 physician shall not serve on the Board of Directors or as an employee of a
			 licensee of the AMCC.
(6) A
			 registered certifying physician shall not refer qualified patients to a
			 specific caregiver or a specific dispensary.
(7) A registered certifying physician shall
			 not advertise in a dispensary.
(8)
			 A registered certifying physician, or any practice, facility, business, or
			 other entity with which they are affiliated, shall not advertise on a website,
			 in brochures, or via any other media that generally describe the scope of
			 practice of the physician as a "medical cannabis" or "medical marijuana"
			 physician or doctor, or otherwise advertises his or her status as a registered
			 certifying physician, other than stating the following: "Dr. ______ is
			 qualified by the State of Alabama to certify patients for medical cannabis use
			 under the Alabama Compassion Act."
(9) A registered certifying physician shall
			 not be located in the same office space as a dispensary or a dispensing
			 site.
(10) A registered certifying
			 physician shall not certify or recommend, or recertify or re-recommend a
			 patient for the use of medical cannabis unless both the registered certifying
			 physician and the patient are physically located in Alabama, and any
			 examination, visit, or other consultation occurs while both parties are
			 physically located in Alabama.
(11)
			 At all times in the certification or recommendation of medical cannabis, a
			 registered certifying physician shall only evaluate, diagnose, or certify those
			 qualifying medical conditions for which he or she possesses the education,
			 training, experience, and specialty training to evaluate, diagnose, or treat in
			 his or her usual medical practice. A physician who recommends medical cannabis
			 to a patient for treatment of a qualifying medical condition that the physician
			 is not trained to treat with conventional medical treatment shall be in
			 violation of these rules.
(12) A
			 registered certifying physician is strictly prohibited from certifying or
			 recommending, or recertifying or re-recommending, the use of medical cannabis
			 to any patient who is pregnant, breastfeeding, or attempting to
			 conceive.
(13) A registered
			 certifying physician is prohibited from certifying or recommending, or
			 recertifying or re-recommending, the use of medical cannabis to any patient who
			 has been diagnosed with a condition for which cannabis is contraindicated under
			 the current standard of care or by evidence-based research.
(14) A registered certifying physician is
			 prohibited from utilizing any form of telemedicine when certifying or
			 recommending, or recertifying or re-recommending, a patient for the use of
			 medical cannabis, or when conducting any examination associated
			 therewith.
Author:
Alabama Board of Medical
				  Examiners
Statutory Authority:
Code of Ala.
				  1975
, §§
										34-24-53,
				  34-24-53.1; Act 2021-450
				  (
Code of Ala. 1975
, §§
										20-2A-1, et.
				  seq.)