Superseded 7/1/2023)

Superseded 7/1/2023
26B-4-231.  Partial filling.

(1)  As used in this section, “partially fill” means to provide less than the full amount of cannabis or cannabis product that the recommending medical provider recommends, if the recommending medical provider recommended specific dosing guidelines.

Terms Used In Utah Code 26B-4-231

(a) is intended for human use; and
(b) 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
  • Dosing guidelines: means a quantity range and frequency of administration for a recommended treatment of medical cannabis. 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 cardholder: means :
    (a) a holder of a medical cannabis card; or
    (b) a facility or assigned employee, described in Subsection(17)(b), only:
    (i) within the scope of the facility's or assigned employee's performance of the role of a medical cannabis patient cardholder's caregiver designation under Subsection 26B-4-214(1)(b); and
    (ii) while in possession of documentation that establishes:
    (A) a caregiver designation described in Subsection 26B-4-214(1)(b);
    (B) the identity of the individual presenting the documentation; and
    (C) the relation of the individual presenting the documentation to the caregiver designation. 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
  • 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
  • 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:
    (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
  • (2)  A pharmacy medical provider may partially fill a recommendation for a medical cannabis treatment at the request of the recommending medical provider who issued the medical cannabis treatment recommendation or the medical cannabis cardholder.

    (3)  The department shall make rules, in collaboration with the Division of Professional Licensing and the Board of Pharmacy and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, specifying how to record the date, quantity supplied, and quantity remaining of a partially filled medical cannabis treatment recommendation.

    (4)  A pharmacy medical provider who is a pharmacist may, upon the request of a medical cannabis cardholder, determine different dosing guidelines, subject to the dosing limits in Subsection 26B-4-230(2), to fill the quantity remaining of a partially filled medical cannabis treatment recommendation if:

    (a)  the pharmacy medical provider determined dosing guidelines for the partial fill under Subsection 26B-4-230(4); and

    (b)  the medical cannabis cardholder reports that:

    (i)  the partial fill did not substantially affect the qualifying condition underlying the medical cannabis recommendation; or

    (ii)  the patient experienced an adverse reaction to the partial fill or was otherwise unable to successfully use the partial fill.

    Amended by Chapter 307, 2023 General Session, (Coordination Clause)
    Renumbered and Amended by Chapter 307, 2023 General Session
    Amended by Chapter 317, 2023 General Session

    Technical renumber instructions from Coordination Clause.