Superseded 7/1/2023 26B-4-236. State central patient portal — Department duties.
(1)
On or before July 1, 2020, the department shall establish or contract to establish, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, a state central patient portal as described in this section.
Contract: A legal written agreement that becomes binding when signed.
Department: means the Department of Health and Human Services. See Utah Code 26B-4-201
Directions of use: means recommended routes of administration for a medical cannabis treatment and suggested usage guidelines. 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
Home delivery medical cannabis pharmacy: means a medical cannabis pharmacy that the department authorizes, as part of the pharmacy's license, to deliver medical cannabis shipments to a delivery address to fulfill electronic orders that the state central patient portal facilitates. 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 card: means a medical cannabis patient card, a medical cannabis guardian card, a medical cannabis caregiver card, or a conditional medical cannabis card. 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 caregiver card: means an electronic document that a cardholder may print or store on an electronic device or a physical card or document that:
(a)
the department issues to an individual whom a medical cannabis patient cardholder or a medical cannabis guardian cardholder designates as a designated caregiver; and
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
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
State central patient portal: means the website the department creates, in accordance with Section 26B-4-236, to facilitate patient safety, education, and an electronic medical cannabis order. See Utah Code 26B-4-201
(2)
The state central patient portal shall:
(a)
authenticate each user to ensure the user is a valid medical cannabis patient cardholder;
(b)
allow a medical cannabis patient cardholder to:
(i)
obtain and download the cardholder’s medical cannabis card;
(ii)
review the cardholder’s medical cannabis purchase history; and
(iii)
manage the cardholder’s personal information, including withdrawing consent for the use of the cardholder’s information for a study described in Subsection 26B-4-213(12);
(c)
if the cardholder’s recommending medical provider recommended the use of medical cannabis without providing directions of use and dosing guidelines and the cardholder has not yet received the counseling or consultation required in Subsection 26B-4-230(4):
(i)
alert the cardholder of the outstanding need for consultation; and
(ii)
provide the cardholder with access to the contact information for each pharmacy medical provider;
(d)
except as provided in Subsection (2)(e), facilitate an electronic medical cannabis order:
(i)
to a home delivery medical cannabis pharmacy for a medical cannabis shipment; or
(ii)
to a medical cannabis pharmacy for a medical cannabis cardholder to obtain in person from the pharmacy;
(e)
prohibit a patient from completing an electronic medical cannabis order described in Subsection (2)(d) if the purchase would exceed the limitations described in Subsection 26B-4-230(2)(a) or (b);
(f)
provide educational information to medical cannabis patient cardholders regarding the state’s medical cannabis laws and regulatory programs and other relevant information regarding medical cannabis; and
(g)
allow the patient to designate up to two caregivers who may receive a medical cannabis caregiver card to purchase and transport medical cannabis on behalf of the patient in accordance with this part.
