contains cannabis or any tetrahydrocannabinol or THC analog in a total concentration of 0. See Utah Code 26B-4-201
Department: means the Department of Health and Human Services. 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 pharmacy: means a person that:
(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
(ii)
possesses medical cannabis or a medical cannabis device; and
(b)
sells or intends to sell medical cannabis or a medical cannabis device to a medical cannabis cardholder. See Utah Code 26B-4-201
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.
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
recommendation: means , for a recommending medical provider, the act of suggesting the use of medical cannabis treatment, which:
(a)
certifies the patient's eligibility for a medical cannabis card; and
(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
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
shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i) works onsite during all business hours; and
(iv)
shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as the pharmacist-in-charge to oversee the operation of and generally supervise the medical cannabis pharmacy.
(b)
An individual may not serve as a pharmacy medical provider unless the department registers the individual as a pharmacy medical provider in accordance with Subsection (2).
(2)
(a)
The department shall, within 15 days after the day on which the department receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy medical provider, register and issue a pharmacy medical provider registration card to the prospective pharmacy medical provider if the medical cannabis pharmacy:
(i)
provides to the department:
(A)
the prospective pharmacy medical provider’s name and address;
(B)
the name and location of the licensed medical cannabis pharmacy where the prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
(C)
a report detailing the completion of the continuing education requirement described in Subsection (3); and
pays a fee to the department in an amount that, subject to Subsection 26B-1-310(5), the department sets in accordance with Section 63J-1-504.
(b)
The department may not register a recommending medical provider as a pharmacy medical provider.
(3)
(a)
A pharmacy medical provider shall complete the continuing education described in this Subsection (3) in the following amounts:
(i)
as a condition precedent to registration, four hours; and
(ii)
as a condition precedent to renewal of the registration, four hours every two years.
(b)
In accordance with Subsection (3)(a), the pharmacy 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 medical cannabis pharmacy practice; 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 Professional Licensing and:
The department may, in consultation with the Division of 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 part;
(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, and palliative care; or
(v)
best practices for recommending the form and dosage of a medical cannabis product based on the qualifying condition underlying a medical cannabis recommendation.
(4)
(a)
A pharmacy medical provider registration card expires two years after the day on which the department issues or renews the card.
(b)
A pharmacy medical provider may renew the provider’s registration card if the provider:
(i)
is eligible for a pharmacy medical provider registration card under this section;
(ii)
certifies to the department in a renewal application that the information in Subsection (2)(a) is accurate or updates the information;
(iii)
submits a report detailing the completion of the continuing education requirement described in Subsection (3); and
(iv)
pays to the department a renewal fee in an amount that:
(A)
subject to Subsection 26B-1-310(5), the department sets in accordance with Section 63J-1-504; and
(B)
may not exceed the cost of the relatively lower administrative burden of renewal in comparison to the original application process.
(5)
(a)
Except as provided in Subsection (5)(b), a person may not advertise that the person or another person dispenses medical cannabis.
(b)
Notwithstanding Subsection (5)(a) and subject to Section 26B-4-223, a registered pharmacy medical provider may advertise the following:
(i)
a green cross;
(ii)
that the person is registered as a pharmacy medical provider and dispenses medical cannabis; or
(iii)
a scientific study regarding medical cannabis use.
Renumbered and Amended by Chapter 307, 2023 General Session Amended by Chapter 317, 2023 General Session
