26B-1-421. Compassionate Use Board.
| (1) |
The definitions in Section 26B-4-201 apply to this section. |
Terms Used In Utah Code 26B-1-421
- Advisory board: means the Correctional Postnatal and Early Childhood Advisory Board. See Utah Code 26B-1-434
- Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Quorum: The number of legislators that must be present to do business.
| (2) |
| (a) |
The department shall establish a Compassionate Use Board consisting of:
| (i) |
seven qualified medical providers that the executive director appoints and the Senate confirms:
| (A) |
who are knowledgeable about the medicinal use of cannabis; |
| (C) |
who are board certified by the American Board of Medical Specialties or an American Osteopathic Association Specialty Certifying Board in the specialty of neurology, pain medicine and pain management, medical oncology, psychiatry, infectious disease, internal medicine, pediatrics, family medicine, or gastroenterology; and |
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| (ii) |
as a nonvoting member and the chair of the Compassionate Use Board, the executive director or the director’s designee. |
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| (b) |
In appointing the seven qualified medical providers described in Subsection (2)(a), the executive director shall ensure that at least two have a board certification in pediatrics. |
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| (3) |
| (a) |
Of the members of the Compassionate Use Board that the executive director first appoints:
| (i) |
three shall serve an initial term of two years; and |
| (ii) |
the remaining members shall serve an initial term of four years. |
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| (b) |
After an initial term described in Subsection (3)(a) expires:
| (i) |
each term is four years; and |
| (ii) |
each board member is eligible for reappointment. |
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| (c) |
A member of the Compassionate Use Board may serve until a successor is appointed. |
| (d) |
Four members constitute a quorum of the Compassionate Use Board. |
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| (4) |
A member of the Compassionate Use Board may receive:
| (a) |
notwithstanding Section 63A-3-106, compensation or benefits for the member’s service; and |
| (b) |
travel expenses in accordance with Section 63A-3-107 and rules made by the Division of Finance in accordance with Section 63A-3-107. |
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| (5) |
The Compassionate Use Board shall:
| (a) |
review and recommend for department approval a petition to the board regarding an individual described in Subsection 26B-4-213(2)(a), a minor described in Subsection 26B-4-213(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis card to obtain a medical cannabis card for compassionate use, for the standard or a reduced period of validity, if:
| (i) |
for an individual who is not otherwise qualified to receive a medical cannabis card, the individual’s qualified medical provider is actively treating the individual for an intractable condition that:
| (A) |
substantially impairs the individual’s quality of life; and |
| (B) |
has not, in the qualified medical provider’s professional opinion, adequately responded to conventional treatments; |
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| (ii) |
the qualified medical provider:
| (A) |
recommends that the individual or minor be allowed to use medical cannabis; and |
| (B) |
provides a letter, relevant treatment history, and notes or copies of progress notes describing relevant treatment history including rationale for considering the use of medical cannabis; and |
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| (iii) |
the Compassionate Use Board determines that:
| (A) |
the recommendation of the individual’s qualified medical provider is justified; and |
| (B) |
based on available information, it may be in the best interests of the individual to allow the use of medical cannabis; |
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| (b) |
when a qualified medical provider recommends that an individual described in Subsection 26B-4-213(2)(a)(i)(B) or a minor described in Subsection 26-4-213(2)(c) be allowed to use a medical cannabis device or medical cannabis product to vaporize a medical cannabis treatment, review and approve or deny the use of the medical cannabis device or medical cannabis product; |
| (c) |
unless no petitions are pending:
| (i) |
meet to receive or review compassionate use petitions at least quarterly; and |
| (ii) |
if there are more petitions than the board can receive or review during the board’s regular schedule, as often as necessary; |
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| (d) |
except as provided in Subsection (6), complete a review of each petition and recommend to the department approval or denial of the applicant for qualification for a medical cannabis card within 90 days after the day on which the board received the petition; |
| (e) |
consult with the department regarding the criteria described in Subsection (6); and |
| (f) |
report, before November 1 of each year, to the Health and Human Services Interim Committee:
| (i) |
the number of compassionate use recommendations the board issued during the past year; and |
| (ii) |
the types of conditions for which the board recommended compassionate use. |
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| (6) |
The department shall make rules, in consultation with the Compassionate Use Board and in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to establish a process and criteria for a petition to the board to automatically qualify for expedited final review and approval or denial by the department in cases where, in the determination of the department and the board:
| (a) |
time is of the essence; |
| (b) |
engaging the full review process would be unreasonable in light of the petitioner’s physical condition; and |
| (c) |
sufficient factors are present regarding the petitioner’s safety. |
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| (7) |
| (a) |
| (i) |
The department shall review:
| (A) |
any compassionate use for which the Compassionate Use Board recommends approval under Subsection (5)(d) to determine whether the board properly exercised the board’s discretion under this section; and |
| (B) |
any expedited petitions the department receives under the process described in Subsection (6). |
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| (ii) |
If the department determines that the Compassionate Use Board properly exercised the board’s discretion in recommending approval under Subsection (5)(d) or that the expedited petition merits approval based on the criteria established in accordance with Subsection (6), the department shall:
| (A) |
issue the relevant medical cannabis card; and |
| (B) |
provide for the renewal of the medical cannabis card in accordance with the recommendation of the qualified medical provider described in Subsection (5)(a). |
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| (b) |
| (i) |
If the Compassionate Use Board recommends denial under Subsection (5)(d), the individual seeking to obtain a medical cannabis card may petition the department to review the board’s decision. |
| (ii) |
If the department determines that the Compassionate Use Board’s recommendation for denial under Subsection (5)(d) was arbitrary or capricious:
| (A) |
the department shall notify the Compassionate Use Board of the department’s determination; and |
| (B) |
the board shall reconsider the Compassionate Use Board’s refusal to recommend approval under this section. |
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| (c) |
In reviewing the Compassionate Use Board’s recommendation for approval or denial under Subsection (5)(d) in accordance with this Subsection (7), the department shall presume the board properly exercised the board’s discretion unless the department determines that the board’s recommendation was arbitrary or capricious. |
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| (9) |
The Compassionate Use Board shall annually report the board’s activity to the Cannabis Research Review Board and the advisory board. |
Amended by Chapter 273, 2023 General Session
Renumbered and Amended by Chapter 305, 2023 General Session
Amended by Chapter 317, 2023 General Session
