26B-4-204. Treatment recommendationprovider.

666 words·~3 min read·/ut/title-26b/chapter-4/26b-4-204

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 7/1/2025

(i)A recommending medical provider may recommend medical cannabis.

(ii)Notwithstanding Subsection (1)(a)(i) , a recommending medical provider who is a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act, may not recommend a medical cannabis treatment except within the course and scope of a practice of podiatry, as that term is defined in Section 58-5a-102 .

(b)A recommending medical provider may communicate the individual's recommendation through an order for the medical cannabis pharmacy to record the individual's recommendation or renewal in the state electronic verification system under the individual's recommendation that:

(A)the individual or the individual's employee sends electronically to a medical cannabis pharmacy; or

(B)the individual gives to the patient in writing for the patient to deliver to a medical cannabis pharmacy; and

(ii)may include:

(A)directions of use or dosing guidelines; and

(B)an indication of a need for a caregiver in accordance with Subsection 26B-4-213(3)(b) .

(c)If the recommending medical provider gives the patient a written recommendation to deliver to a medical cannabis pharmacy under Subsection (1)(b)(i)(B) , the recommending medical provider shall ensure that the document includes all of the information that is included on a prescription the provider would issue for a controlled substance, including:

(i)the date of issuance;

(ii)the provider's name, address and contact information, controlled substance license information, and signature; and

(iii)the patient's name, address and contact information, age, and diagnosed qualifying condition.

(d)In considering making a recommendation as a recommending medical provider, an individual may consult information that the department makes available on the department's website for recommending providers.

(a)The department may, in consultation with the Division of Professional Licensing, develop continuing education related to medical cannabis.

(b)The continuing education described in this Subsection

(2)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, or palliative care; and

(v)best practices for recommending the form and dosage of medical cannabis based on the qualifying condition underlying a medical cannabis recommendation.

(a)Except as provided in Subsection (3)(b) , a recommending medical provider may not recommend a medical cannabis treatment to more than 1.5% of the total amount of medical cannabis patient cardholders.

(b)If a recommending medical provider receives payment from an insurance plan for services provided under this chapter, then the patient whose insurance plan was billed does not count toward the 1.5% patient cap described in Subsection (3)(a) .

(4)A recommending medical provider may recommend medical cannabis to an individual under this part only in the course of a provider-patient relationship after the recommending medical provider has completed and documented in the patient's medical record a thorough assessment of the patient's condition and medical history based on the appropriate standard of care for the patient's condition.

(a)The department shall host a recommending provider contact list on the department's website that contains the information described in Subsection (5)(b) .

(b)A recommending medical provider that elects to be included on the contact list shall provide the department the following:

(i)the name of the recommending medical provider and, if applicable, the name of the entity that employs the recommending medical provider;

(ii)the address of the recommending medical provider's office or, if applicable, the entity that employs the recommending medical provider; and

(A)the fee amount charged by the recommending medical provider; or

(B)whether the recommending medical provider or entity that employs the recommending medical provider bills insurance.

(c)The department shall share data collected under this Subsection

(5)with the state auditor for use in the health care price transparency tool.

Amended by Chapter 392 , 2025 General Session