West Virginia Code 16A-4-2 – Practitioner restrictions
(a) Practices prohibited. — The following shall apply with respect to practitioners:
Terms Used In West Virginia Code 16A-4-2
- Act: means the West Virginia Medical Cannabis Act and the provisions contained in §. See West Virginia Code 16A-2-1
- Caregiver: means the individual designated by a patient or, if the patient is under 18 years of age, an individual authorized under §. See West Virginia Code 16A-2-1
- Financial backer: means an investor, mortgagee, bondholder, note holder, or other source of equity, capital, or other assets, other than a financial institution. See West Virginia Code 16A-2-1
- Medical cannabis: means cannabis for certified medical use as set forth in this act. See West Virginia Code 16A-2-1
- Medical cannabis organization: means a dispensary, grower, or processor. See West Virginia Code 16A-2-1
- Patient: means an individual who:
(A) Has a serious medical condition. See West Virginia Code 16A-2-1
- practitioner: means a doctor of allopathic or osteopathic medicine who is fully licensed pursuant to the provisions of either §. See West Virginia Code 16A-2-1
- Principal: means an officer, director, or person who directly owns a beneficial interest in or ownership of the securities of an applicant or permittee, a person who has a controlling interest in an applicant or permittee, or who has the ability to elect the majority of the board of directors of an applicant or permittee, or otherwise control an applicant or permittee, other than a financial institution. See West Virginia Code 16A-2-1
- Registry: means the registry established by the bureau for practitioners. See West Virginia Code 16A-2-1
(1) A practitioner may not accept, solicit or offer any form of remuneration from or to a prospective patient, patient, prospective caregiver, caregiver or medical cannabis organization, including an employee, financial backer or principal, to certify a patient, other than accepting a fee for service with respect to the examination of the prospective patient to determine if the prospective patient should be issued a certification to use medical cannabis.
(2) A practitioner may not hold a direct or economic interest in a medical cannabis organization.
(3) A practitioner may not advertise the practitioner’s services as a practitioner who can certify a patient to receive medical cannabis.
(b) Unprofessional conduct. — A practitioner who violates subsection (a) of this section shall not be permitted to issue certifications to patients and shall be removed from the registry.
(c) Discipline. — In addition to any other penalty that may be imposed under this act, a violation of subsection (a) of this section or subsection (f), section three of this article shall be deemed unprofessional conduct under the West Virginia Medical Practice Act, and shall subject the practitioner to discipline by the West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine, as appropriate.