Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 357 (2025GS)

Sponsor

Rep. Ward, Raymond P.

Final action

Governor Signed 3/26/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• repeals provisions related to qualified medical providers and limited medical providers in the medical cannabis program;
• allows certain health care providers to recommend medical cannabis without first registering with the Department of Health and Human Services;
• repeals continuing education requirements related to medical cannabis;
• moves enforcement of advertising and payment requirements related to medical cannabis from the Department of Health and Human Services to the Division of Professional Licensing; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

42
4-41a-102
4-41a-301
4-41a-602
4-41a-1101
26B-1-435
26B-2-203
26B-4-201
26B-4-202
26B-4-203
26B-4-204
26B-4-205
26B-4-213
26B-4-214
26B-4-231
26B-4-245
53B-17-903
58-1-513
58-5a-102
58-31b-305
58-31b-502
58-67-304
58-67-502
58-68-304
58-68-502
58-70a-303
58-70a-503
80-4-109
4-41a-102
4-41a-301
4-41a-602
4-41a-1101
26B-1-435
26B-2-203
26B-4-201
26B-4-202
26B-4-203
26B-4-204
26B-4-205
26B-4-213
26B-4-214
26B-4-231
26B-4-245
53B-17-903
58-1-513
58-5a-102
58-31b-305
58-31b-502
58-67-304
58-67-502
58-68-304
58-68-502
58-70a-303
58-70a-503
80-4-109
15
24
Medical Cannabis Modifications
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Raymond P. Ward
Senate Sponsor: Luz Escamilla
LONG TITLE
General Description:
This bill amends provisions related to medical cannabis.
Highlighted Provisions:
This bill:
repeals provisions related to qualified medical providers and limited medical providers in 
the medical cannabis program;
allows certain health care providers to recommend medical cannabis without first 
registering with the Department of Health and Human Services;
modifies labeling requirements for medical cannabis;
amends provisions related to medical cannabis recommendation;
 modifies continuing education requirements related to medical cannabis;
moves enforcement of advertising and payment requirements related to medical cannabis 
from the Department of Health and Human Services to the Division of Professional 
Licensing; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
4-41a-102
, as last amended by Laws of Utah 2024, Chapters 217, 238 and 240
4-41a-301
, as last amended by Laws of Utah 2024, Chapter 217
4-41a-602
, as last amended by Laws of Utah 2024, Chapter 217
4-41a-1101
, as last amended by Laws of Utah 2024, Chapter 217
26B-1-435
, as last amended by Laws of Utah 2024, Chapters 238, 240
26B-2-203
, as renumbered and amended by Laws of Utah 2023, Chapter 305
26B-4-201
, as last amended by Laws of Utah 2024, Chapters 217, 240
26B-4-202
, as last amended by Laws of Utah 2024, Chapters 217, 240
26B-4-203
, as last amended by Laws of Utah 2023, Chapter 317 and renumbered and 
amended by Laws of Utah 2023, Chapter 307
26B-4-204
, as last amended by Laws of Utah 2024, Chapter 217
26B-4-205
, as renumbered and amended by Laws of Utah 2023, Chapter 307
26B-4-213
, as last amended by Laws of Utah 2024, Chapters 217, 240
26B-4-214
, as last amended by Laws of Utah 2024, Chapter 240
26B-4-231
, as last amended by Laws of Utah 2024, Chapter 238
26B-4-245
, as last amended by Laws of Utah 2024, Chapters 217, 240
53B-17-903
, as last amended by Laws of Utah 2023, Chapter 328
58-5a-102
, as last amended by Laws of Utah 2024, Chapter 458
58-31b-305
, as last amended by Laws of Utah 2023, Chapter 329
58-31b-502
, as last amended by Laws of Utah 2024, Chapter 237
58-67-304
, as last amended by Laws of Utah 2023, Chapters 301, 329
58-67-502
, as last amended by Laws of Utah 2024, Chapter 237
58-68-304
, as last amended by Laws of Utah 2023, Chapters 301, 329
58-68-502
, as last amended by Laws of Utah 2024, Chapter 237
58-70a-303
, as last amended by Laws of Utah 2023, Chapter 329
58-70a-503
, as last amended by Laws of Utah 2024, Chapter 237
80-4-109
, as last amended by Laws of Utah 2023, Chapters 273, 317 and 330 and last 
amended by Coordination Clause, Laws of Utah 2023, Chapter 330
ENACTS:
58-1-513
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
4-41a-102
 is amended to read:
4-41a-102
. Definitions.
As used in this chapter:
(1)
"Adulterant" means any poisonous or deleterious substance in a quantity that may be 
injurious to health, including:
(a)
pesticides;
(b)
heavy metals;
(c)
solvents;
(d)
microbial life;
(e)
artificially derived cannabinoid;
(f)
toxins; or
(g)
foreign matter.
(2)
"Advertise" or "advertising" means information provided by a person in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old.
(3)
"Advisory board" means the Medical Cannabis Policy Advisory Board created in 
Section 
26B-1-435
.
(4)
(a)
"Anticompetitive business practice" means any practice that reduces the amount 
of competition in the medical cannabis market that would be considered an attempt to 
monopolize, as defined in Section 
76-10-3103
.
(b)
"Anticompetitive business practice" may include:
(i)
agreements that may be considered unreasonable when competitors interact to the 
extent that they are:
(A)
no longer acting independently; or
(B)
when collaborating are able to wield market power together;
(ii)
monopolizing or attempting to monopolize trade by:
(A)
acting to maintain or acquire a dominant position in the market; or
(B)
preventing new entry into the market; or
(iii)
other conduct outlined in rule.
(5)
(a)
"Artificially derived cannabinoid" means a chemical substance that is created by a 
chemical reaction that changes the molecular structure of any chemical substance 
derived from the cannabis plant.
(b)
"Artificially derived cannabinoid" does not include:
(i)
a naturally occurring chemical substance that is separated from the cannabis plant 
by a chemical or mechanical extraction process; or
(ii)
a cannabinoid that is produced by decarboxylation from a naturally occurring 
cannabinoid acid without the use of a chemical catalyst.
(6)
"Cannabis Research Review Board" means the Cannabis Research Review Board 
created in Section 
26B-1-420
.
(7)
"Cannabis" means the same as that term is defined in Section 
26B-4-201
.
(8)
"Cannabis concentrate" means:
(a)
the product of any chemical or physical process applied to naturally occurring 
biomass that concentrates or isolates the cannabinoids contained in the biomass; and
(b)
any amount of a natural cannabinoid or artificially derived cannabinoid in an 
artificially derived cannabinoid's purified state.
(9)
"Cannabis cultivation byproduct" means any portion of a cannabis plant that is not 
intended to be sold as a cannabis plant product.
(10)
"Cannabis cultivation facility" means a person that:
(a)
possesses cannabis;
(b)
grows or intends to grow cannabis; and
(c)
sells or intends to sell cannabis to a cannabis cultivation facility, a cannabis 
processing facility, or a medical cannabis research licensee.
(11)
"Cannabis cultivation facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis 
cultivation facility designation.
(12)
"Cannabis derivative product" means a product made using cannabis concentrate.
(13)
"Cannabis plant product" means any portion of a cannabis plant intended to be sold in 
a form that is recognizable as a portion of a cannabis plant.
(14)
"Cannabis processing facility" means a person that:
(a)
acquires or intends to acquire cannabis from a cannabis production establishment;
(b)
possesses cannabis with the intent to manufacture a cannabis product;
(c)
manufactures or intends to manufacture a cannabis product from unprocessed 
cannabis or a cannabis extract; and
(d)
sells or intends to sell a cannabis product to a medical cannabis pharmacy or a 
medical cannabis research licensee.
(15)
"Cannabis processing facility agent" means an individual who
holds a valid cannabis production establishment agent registration card with a cannabis 
processing facility designation.
(16)
"Cannabis product" means the same as that term is defined in Section 
26B-4-201
.
(17)
"Cannabis production establishment" means a cannabis cultivation facility, a cannabis 
processing facility, or an independent cannabis testing laboratory.
(18)
"Cannabis production establishment agent" means a cannabis cultivation facility agent, 
a cannabis processing facility agent, or an independent cannabis testing laboratory agent.
(19)
"Cannabis production establishment agent registration card" means a registration card 
that the department issues that:
(a)
authorizes an individual to act as a cannabis production establishment agent; and
(b)
designates the type of cannabis production establishment for which an individual is 
authorized to act as an agent.
(20)
"Closed-door medical cannabis pharmacy" means a facility operated by a home 
delivery medical cannabis pharmacy for delivering cannabis or a medical cannabis 
product.
(21)
"Community location" means a public or private elementary or secondary school, a 
church, a public library, a public playground, or a public park.
(22)
"Cultivation space" means, quantified in square feet, the horizontal area in which a 
cannabis cultivation facility cultivates cannabis, including each level of horizontal area 
if the cannabis cultivation facility hangs, suspends, stacks, or otherwise positions plants 
above other plants in multiple levels.
(23)
"Delivery address" means:
(a)
for a medical cannabis cardholder who is not a facility:
(i)
the medical cannabis cardholder's home address; or
(ii)
an address designated by the medical cannabis cardholder that:
(A)
is the medical cannabis cardholder's workplace; and
(B)
is not a community location; or
(b)
for a medical cannabis cardholder that is a facility, the facility's address.
(24)
"Department" means the Department of Agriculture and Food.
(25)
"Family member" means a parent, step-parent, spouse, child, sibling, step-sibling, 
uncle, aunt, nephew, niece, first cousin, mother-in-law, father-in-law, brother-in-law, 
sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild.
(26)
"Government issued photo identification" means the same as that term is defined in 
Section 
26B-4-201
, including expired identification in accordance with Section 
26B-4-244
.
(27)
"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.
(28)
(a)
"Independent cannabis testing laboratory" means a person that:
(i)
conducts a chemical or other analysis of cannabis or a cannabis product; or
(ii)
acquires, possesses, and transports cannabis or a cannabis product with the intent 
to conduct a chemical or other analysis of the cannabis or cannabis product.
(b)
"Independent cannabis testing laboratory" includes a laboratory that the department 
or a research university operates in accordance with Subsection 
4-41a-201
(14).
(29)
"Independent cannabis testing laboratory agent" means an individual who
holds a valid cannabis production establishment agent registration card with an 
independent cannabis testing laboratory designation.
(30)
"Inventory control system" means a system described in Section 
4-41a-103
.
(31)
"Licensing board" or "board" means the Cannabis Production Establishment and 
Pharmacy Licensing Advisory Board created in Section 
4-41a-201.1
.
(32)
"Medical cannabis" means the same as that term is defined in Section 
26B-4-201
.
(33)
"Medical cannabis card" means the same as that term is defined in Section 
26B-4-201
.
(34)
"Medical cannabis courier" means a courier that:
(a)
the department licenses in accordance with Section 
4-41a-1201
; and
(b)
contracts with a home delivery medical cannabis pharmacy to deliver medical 
cannabis shipments to fulfill electronic orders that the state central patient portal 
facilitates.
(35)
"Medical cannabis courier agent" means an individual who:
(a)
is an employee of a medical cannabis courier; and
(b)
who holds a valid medical cannabis courier agent registration card.
(36)
"Medical cannabis pharmacy" means the same as that term is defined in Section 
26B-4-201
.
(37)
"Medical cannabis pharmacy agent" means the same as that term is defined in Section 
26B-4-201
.
(38)
"Medical cannabis research license" means a license that the department issues to a 
research university for the purpose of obtaining and possessing medical cannabis for 
academic research.
(39)
"Medical cannabis research licensee" means a research university that the department 
licenses to obtain and possess medical cannabis for academic research, in accordance 
with Section 
4-41a-901
.
(40)
"Medical cannabis shipment" means a shipment of medical cannabis that a home 
delivery medical cannabis pharmacy or a medical cannabis courier delivers to a delivery 
address to fulfill an electronic medical cannabis order that the state central patient portal 
facilitates.
(41)
"Medical cannabis treatment" means the same as that term is defined in Section 
26B-4-201
.
(42)
"Medicinal dosage form" means the same as that term is defined in Section 
26B-4-201
.
(43)
"Pharmacy ownership limit" means an amount equal to 30% of the total number of 
medical cannabis pharmacy licenses issued by the department rounded down to the 
nearest whole number.
(44)
"Pharmacy medical provider" means the same as that term is defined in Section 
26B-4-201
.
(45)
"
Qualified medical provider
" means the same as that term is defined in Section 
26B-4-201
.
(46)
(45)
"Qualified Production Enterprise Fund" means the fund created in Section 
4-41a-104
.
(47)
(46)
"Recommending medical provider" means the same as that term is defined in 
Section 
26B-4-201
.
(48)
(47)
"Research university" means the same as that term is defined in Section 
53B-7-702
 and a private, nonprofit college or university in the state that:
(a)
is accredited by the Northwest Commission on Colleges and Universities;
(b)
grants doctoral degrees; and
(c)
has a laboratory containing or a program researching a schedule I controlled 
substance described in Section 
58-37-4
.
(49)
(48)
"State electronic verification system" means the system described in Section 
26B-4-202
.
(50)
(49)
"Targeted marketing" means the promotion of a cannabis product, medical 
cannabis brand, or a medical cannabis device using any of the following methods:
(a)
electronic communication to an individual who is at least 21 years old and has 
requested to receive promotional information;
(b)
an in-person marketing event that is:
(i)
held inside a medical cannabis pharmacy; and
(ii)
in an area where only a medical cannabis cardholder may access the event;
(c)
other marketing material that is physically available or digitally displayed in a 
medical cannabis pharmacy; or
(d)
a leaflet a medical cannabis pharmacy places in the opaque package or box that is 
provided to an individual when obtaining medical cannabis:
(i)
in the medical cannabis pharmacy;
(ii)
at the medical cannabis pharmacy's drive-through pick up window; or
(iii)
in a medical cannabis shipment.
(51)
(50)
"Tetrahydrocannabinol" or "THC" means the same as that term is defined in 
Section 
4-41-102
.
(52)
(51)
"THC analog" means the same as that term is defined in Section 
4-41-102
.
(53)
(52)
"Total composite tetrahydrocannabinol" means all detectable forms of 
tetrahydrocannabinol.
(54)
(53)
"Total tetrahydrocannabinol" or "total THC" means the same as that term is 
defined in Section 
4-41-102
.
Section 2, Section 
4-41a-301
 is amended to read:
4-41a-301
. Cannabis production establishment agent -- Registration.
(1)
An individual may not act as a cannabis production establishment agent unless the 
department registers the individual as a cannabis production establishment agent, 
regardless of whether the individual is a seasonal, temporary, or permanent employee.
(2)
The following individuals, regardless of the individual's status as a 
qualified medical 
provider
recommending medical provider
, may not serve as a cannabis production 
establishment agent, have a financial or voting interest of 2% or greater in a cannabis 
production establishment, or have the power to direct or cause the management or 
control of a cannabis production establishment:
(a)
a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(b)
an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse 
Practice Act;
(c)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 
58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(d)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician Assistant 
Act.
(3)
An independent cannabis testing laboratory agent may not act as an agent for a medical 
cannabis pharmacy, a medical cannabis courier, a cannabis processing facility, or a 
cannabis cultivation facility.
(4)
(a)
The department shall, within 15 business days after the day on which the 
department receives a complete application from a prospective cannabis production 
establishment agent, register and issue a cannabis production establishment agent 
registration card to the prospective agent if the prospective agent:
(i)
provides to the department:
(A)
the prospective agent's name and address;
(B)
which cannabis production establishment agent designations the applicant 
desires; and
(C)
the submission required under Subsection (4)(b); and
(ii)
pays a fee to the department in an amount that, subject to Subsection 
4-41a-104
(5), 
the department sets in accordance with Section 
63J-1-504
.
(b)
Each prospective agent described in Subsection (4)(a) shall:
(i)
submit to the department:
(A)
a fingerprint card in a form acceptable to the Department of Public Safety; and
(B)
a signed waiver in accordance with Subsection 
53-10-108
(4) acknowledging 
the registration of the prospective agent's fingerprints in the Federal Bureau of 
Investigation Next Generation Identification System's Rap Back Service; and
(ii)
consent to a fingerprint background check by:
(A)
the Bureau of Criminal Identification; and
(B)
the Federal Bureau of Investigation.
(c)
The Bureau of Criminal Identification shall:
(i)
check the fingerprints the prospective agent submits under Subsection (4)(b) 
against the applicable state, regional, and national criminal records databases, 
including the Federal Bureau of Investigation Next Generation Identification 
System;
(ii)
report the results of the background check to the department;
(iii)
maintain a separate file of fingerprints that prospective agents submit under 
Subsection (4)(b) for search by future submissions to the local and regional 
criminal records databases, including latent prints;
(iv)
request that the fingerprints be retained in the Federal Bureau of Investigation 
Next Generation Identification System's Rap Back Service for search by future 
submissions to national criminal records databases, including the Next Generation 
Identification System and latent prints; and
(v)
establish a privacy risk mitigation strategy to ensure that the department only 
receives notifications for an individual with whom the department maintains an 
authorizing relationship.
(d)
The department shall:
(i)
assess an individual who submits fingerprints under Subsection (4)(b) a fee in an 
amount that the department sets in accordance with Section 
63J-1-504
 for the 
services that the Bureau of Criminal Identification or another authorized agency 
provides under this section; and
(ii)
remit the fee described in Subsection (4)(d)(i) to the Bureau of Criminal 
Identification.
(5)
(a)
The department shall designate, on an individual's cannabis production establishment 
agent registration card
the type of cannabis production establishment for which the individual is authorized to 
act as an agent.
(b)
When issuing a card under Subsection (5)(a) the department:
(i)
may issue a cannabis production establishment agent registration card that 
contains both a cannabis processing facility designation and a cannabis cultivator 
facility designation; and
(ii)
if the cannabis production establishment agent registration card will contain an 
independent cannabis testing laboratory designation, may not include any other 
designations.
(6)
A cannabis production establishment agent shall comply with:
(a)
a certification standard that the department develops; or
(b)
a certification standard that the department has reviewed and approved.
(7)
(a)
The department shall ensure that the certification standard described in Subsection 
(6) includes training:
(i)
in Utah medical cannabis law;
(ii)
for a cannabis cultivation facility agent, in cannabis cultivation best practices;
(iii)
for a cannabis processing facility agent, in cannabis processing, manufacturing 
safety procedures for items for human consumption, and sanitation best practices; 
and
(iv)
for an independent cannabis testing laboratory agent, in cannabis testing best 
practices.
(b)
The department shall review the training described in Subsection (7)(a) annually or 
as often as necessary to ensure compliance with this section.
(8)
For an individual who holds or applies for a cannabis production establishment agent 
registration card:
(a)
the department may revoke or refuse to issue the card if the individual violates the 
requirements of this chapter; and
(b)
the department shall revoke or refuse to issue the card if the individual is convicted 
under state or federal law of:
(i)
a felony in the preceding 10 years; or
(ii)
after December 3, 2018, a misdemeanor for drug distribution.
(9)
(a)
A cannabis production establishment agent registration card expires two years 
after the day on which the department issues the card.
(b)
A cannabis production establishment agent may renew the agent's registration card if 
the agent:
(i)
is eligible for a cannabis production establishment registration card under this 
section;
(ii)
certifies to the department in a renewal application that the information in 
Subsection (4)(a) is accurate or updates the information; and
(iii)
pays to the department a renewal fee in an amount that:
(A)
subject to Subsection 
4-41a-104
(5), the department sets in accordance with 
Section 
63J-1-504
; and
(B)
may not exceed the cost of the relatively lower administrative burden of 
renewal in comparison to the original application process.
(10)
A cannabis production establishment shall:
(a)
maintain a list of each employee that holds a cannabis production establishment 
agent registration card; and
(b)
provide the list to the department upon request.
Section 3, Section 
4-41a-602
 is amended to read:
4-41a-602
. Cannabis product -- Labeling and child-resistant packaging.
(1)
For any cannabis product that a cannabis processing facility processes or produces and 
for any raw cannabis that the facility packages, the facility shall:
(a)
label the cannabis or cannabis product with a label that:
(i)
clearly and unambiguously states that the cannabis product or package contains 
cannabis;
(ii)
clearly displays the amount of total composite tetrahydrocannabinol, cannabidiol, 
and any known cannabinoid that is greater than 1% of the total cannabinoids 
contained in the cannabis or cannabis product as determined under Subsection 
4-41a-701
(4);
(iii)
has a unique identification number that:
(A)
is connected to the inventory control system; and
(B)
identifies the unique cannabis product manufacturing process the cannabis 
processing facility used to manufacture the cannabis product;
(iv)
identifies the cannabinoid extraction process that the cannabis processing facility 
used to create the cannabis product;
(v)
does not display an image, word, or phrase that the facility knows or should know 
appeals to children; and
(vi)
discloses each active or potentially active ingredient, in order of prominence, and 
possible allergen; and
(b)
package the raw cannabis or cannabis product in a medicinal dosage form in a 
container that:
(i)
is tamper evident and tamper resistant;
(ii)
does not appeal to children;
(iii)
does not mimic a candy container;
(iv)
complies with child-resistant effectiveness standards that the United States 
Consumer Product Safety Commission establishes;
(v)
includes a warning label that states:
(A)
for a container labeled before July 1, 2021, "WARNING: Cannabis has 
intoxicating effects and may be addictive. Do not operate a vehicle or 
machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This 
product is for medical use only. Use only as directed by a qualified medical 
provider.";
(B)
for a container labeled on or after July 1, 2021, "WARNING: Cannabis has 
intoxicating effects and may be addictive. Do not operate a vehicle or 
machinery under its influence. KEEP OUT OF REACH OF CHILDREN. This 
product is for medical use only. Use only as directed by a recommending 
medical provider."; or
(C)
(A)
for a container labeled on or after January 1, 2024, "WARNING: 
Cannabis has intoxicating effects, may be addictive, and may increase risk of 
mental illness. Do not operate a vehicle or machinery under its influence. 
KEEP OUT OF REACH OF CHILDREN. This product is for medical use 
only. Use only as directed by a recommending medical provider."; 
and
or
(B)
for a container labeled on or after January 1, 2026, "WARNING: Cannabis 
use by pregnant or breastfeeding women, may result in fetal injury, preterm 
birth, or developmental problems for the child. Cannabis may be addictive and 
may increase risk of mental illness. Do not operate a vehicle or machinery 
under its influence. KEEP OUT OF REACH OF CHILDREN. This product is 
for medical use only. Use only as directed by a recommending medical 
provider."; and
(vi)
for raw cannabis or a cannabis product sold in a vaporizer cartridge labeled on or 
after May 3, 2023, includes a warning label that states:
(A)
"WARNING: Vaping of cannabis-derived products has been associated with 
lung injury."; and
(B)
"WARNING: Inhalation of cannabis smoke has been associated with lung 
injury.".
(2)
To ensure that a cannabis product that a cannabis processing facility processes or 
produces has a medical rather than recreational disposition, the facility may not produce 
or process a product whose logo, product name, or brand name includes terms related to 
recreational marijuana, including "weed," "pot," "reefer," "grass," "hash," "ganja," 
"Mary Jane," "high," "haze," "stoned," "joint," "bud," "smoke," "euphoria," "dank," 
"doobie," "kush," "frost," "cookies," "rec," "bake," "blunt," "combust," "bong," 
"budtender," "dab," "blaze," "toke," or "420."
(3)
For any cannabis or cannabis product that the cannabis processing facility processes into 
a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or rectangular 
cuboid shape, the facility shall:
(a)
ensure that the label described in Subsection (1)(a) does not contain a photograph or 
other image of the content of the container; and
(b)
include on the label described in Subsection (1)(a) a warning about the risks of 
over-consumption.
(4)
For any cannabis product that contains an artificially derived cannabinoid, the cannabis 
processing facility shall ensure that the label clearly:
(a)
identifies each artificially derived cannabinoid; and
(b)
identifies that each artificially derived cannabinoid is an artificially derived 
cannabinoid.
(5)
In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the 
department:
(a)
shall make rules to establish:
(i)
a standard labeling format that:
(A)
complies with the requirements of this section; and
(B)
ensures inclusion of a pharmacy label; and
(ii)
additional requirements on packaging for cannabis and cannabis products to 
ensure safety and product quality; and
(b)
may make rules to further define standards regarding images, words, phrases, or 
containers that may appeal to children under Subsection (1)(a)(v) or (1)(b)(ii).
Section 4, Section 
4-41a-1101
 is amended to read:
4-41a-1101
. Operating requirements -- General.
(1)
(a)
A medical cannabis pharmacy shall operate:
(i)
at the physical address provided to the department under Section 
4-41a-1001
; and
(ii)
in accordance with the operating plan provided to the department under Section 
4-41a-1001
 and, if applicable, Section 
4-41a-1004
.
(b)
A medical cannabis pharmacy shall notify the department before a change in the 
medical cannabis pharmacy's physical address or operating plan.
(2)
An individual may not enter a medical cannabis pharmacy unless the individual:
(a)
is at least 18 years old or is an emancipated minor under Section 
80-7-105
; and
(b)
except as provided in Subsection (4):
(i)
possesses a valid:
(A)
medical cannabis pharmacy agent registration card;
(B)
pharmacy medical provider registration card; or
(C)
medical cannabis card;
(ii)
is an employee of the department performing an inspection under Section 
4-41a-1103
; or
(iii)
is another individual as the department provides.
(3)
A medical cannabis pharmacy may not employ an individual who is younger than 21 
years old.
(4)
Notwithstanding Subsection (2)(a), a medical cannabis pharmacy may authorize an 
individual who is not a medical cannabis pharmacy agent or pharmacy medical provider 
to access the medical cannabis pharmacy if the medical cannabis pharmacy tracks and 
monitors the individual at all times while the individual is at the medical cannabis 
pharmacy and maintains a record of the individual's access.
(5)
A medical cannabis pharmacy shall operate in a facility that has:
(a)
a single, secure public entrance;
(b)
a security system with a backup power source that:
(i)
detects and records entry into the medical cannabis pharmacy; and
(ii)
provides notice of an unauthorized entry to law enforcement when the medical 
cannabis pharmacy is closed; and
(c)
a lock on each area where the medical cannabis pharmacy stores cannabis or a 
cannabis product.
(6)
A medical cannabis pharmacy shall post, both clearly and conspicuously in the medical 
cannabis pharmacy, the limit on the purchase of cannabis described in Subsection 
4-41a-1102
(2).
(7)
Except for an emergency situation described in Subsection 
26B-4-213
(3)(c), a medical 
cannabis pharmacy may not allow any individual to consume cannabis on the property 
or premises of the medical cannabis pharmacy.
(8)
A medical cannabis pharmacy may not sell cannabis or a cannabis product without first 
indicating on the cannabis or cannabis product label the name of the medical cannabis 
pharmacy.
(9)
(a)
Each medical cannabis pharmacy shall retain in the pharmacy's records the 
following information regarding each recommendation underlying a transaction:
(i)
the recommending medical provider's name, address, and telephone number;
(ii)
the patient's name and address;
(iii)
the date of issuance;
(iv)
directions of use and dosing guidelines or an indication that the recommending 
medical provider did not recommend specific directions of use or dosing 
guidelines; and
(v)
if the patient did not complete the transaction, the name of the medical cannabis 
cardholder who completed the transaction.
(b)
(i)
Except as provided in Subsection (9)(b)(iii), a medical cannabis pharmacy may 
not sell medical cannabis unless the medical cannabis has a label securely affixed 
to the container indicating the following minimum information:
(A)
the name, address, and telephone number of the medical cannabis pharmacy;
(B)
the unique identification number that the medical cannabis pharmacy assigns;
(C)
the date of the sale;
(D)
the name of the patient;
(E)
the name of the recommending medical provider who recommended the 
medical cannabis treatment;
(F)
directions for use and cautionary statements, if any;
(G)
the amount dispensed and the cannabinoid content;
(H)
the suggested use date;
(I)
for unprocessed cannabis flower, the legal use termination date; and
(J)
any other requirements that the department determines, in consultation with the 
Division of Professional Licensing and the Board of Pharmacy.
(ii)
A medical cannabis pharmacy is exempt from the requirement to provide the 
following information under Subsection (9)(b)(i) if the information is already 
provided on the product label that a cannabis production establishment affixes:
(A)
a unique identification number;
(B)
directions for use and cautionary statements;
(C)
amount and cannabinoid content; and
(D)
a suggested use date.
(iii)
If the size of a medical cannabis container does not allow sufficient space to 
include the labeling requirements described in Subsection (9)(b)(i), the medical 
cannabis pharmacy may provide the following information described in 
Subsection (9)(b)(i) on a supplemental label attached to the container or an 
informational enclosure that accompanies the container:
(A)
the cannabinoid content;
(B)
the suggested use date; and
(C)
any other requirements that the department determines.
(iv)
A medical cannabis pharmacy may sell medical cannabis to another medical 
cannabis pharmacy without a label described in Subsection (9)(b)(i).
(10)
A pharmacy medical provider or medical cannabis pharmacy agent shall:
(a)
upon receipt of an order from a 
limited medical provider
recommending medical 
provider
 in accordance with Subsections 
26B-4-204
(1)(b) 
through (d)
and (c)
:
(i)
for a written order or an electronic order under circumstances that the department 
determines, contact the 
limited medical provider
recommending medical provider
or the 
limited medical provider's
recommending medical provider's
 office to 
verify the validity of the recommendation; and
(ii)
for an order that the pharmacy medical provider or medical cannabis pharmacy 
agent verifies under Subsection (10)(a)(i) or an electronic order that is not subject 
to verification under Subsection (10)(a)(i), enter the 
limited medical provider's
recommending medical provider's
 recommendation or renewal, including any 
associated directions of use, dosing guidelines, or caregiver indication, in the state 
electronic verification system;
(b)
in processing an order for a holder of a conditional medical cannabis card described 
in Subsection 
26B-4-213
(1)(b) that appears irregular or suspicious in the judgment of 
the pharmacy medical provider or medical cannabis pharmacy agent, contact the 
recommending medical provider or the recommending medical provider's office to 
verify the validity of the recommendation before processing the cardholder's order;
(c)
unless the medical cannabis cardholder has had a consultation under Subsection 
26B-4-231
(5), verbally offer to a medical cannabis cardholder at the time of a 
purchase of cannabis, a cannabis product, or a medical cannabis device, personal 
counseling with the pharmacy medical provider; and
(d)
provide a telephone number or website by which the cardholder may contact a 
pharmacy medical provider for counseling.
(11)
(a)
A medical cannabis pharmacy may create a medical cannabis disposal program 
that allows an individual to deposit unused or excess medical cannabis or cannabis 
residue from a medical cannabis device in a locked box or other secure receptacle 
within the medical cannabis pharmacy.
(b)
A medical cannabis pharmacy with a disposal program described in Subsection 
(11)(a) shall ensure that only a medical cannabis pharmacy agent or pharmacy 
medical provider can access deposited medical cannabis.
(c)
A medical cannabis pharmacy shall dispose of any deposited medical cannabis by:
(i)
rendering the deposited medical cannabis unusable and unrecognizable before 
transporting deposited medical cannabis from the medical cannabis pharmacy; and
(ii)
disposing of the deposited medical cannabis in accordance with:
(A)
federal and state law, rules, and regulations related to hazardous waste;
(B)
the Resource Conservation and Recovery Act, 42 U.S.C. Sec. 6991 et seq.;
(C)
Title 19, Chapter 6, Part 5, Solid Waste Management Act; and
(D)
other regulations that the department makes in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act.
(12)
A medical cannabis pharmacy:
(a)
shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy 
Practice Act, as a pharmacy medical provider;
(b)
may employ a physician who has the authority to write a prescription and is licensed 
under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah 
Osteopathic Medical Practice Act, as a pharmacy medical provider;
(c)
shall ensure that a pharmacy medical provider described in Subsection (12)(a) works 
onsite during all business hours;
(d)
shall designate one pharmacy medical provider described in Subsection (12)(a) as the 
pharmacist-in-charge to oversee the operation of and generally supervise the medical 
cannabis pharmacy; and
(e)
shall allow the pharmacist-in-charge to determine which cannabis and cannabis 
products the medical cannabis pharmacy maintains in the medical cannabis 
pharmacy's inventory.
(13)
The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, protocols for a recall of cannabis and cannabis products 
by a medical cannabis pharmacy.
Section 5, Section 
26B-1-435
 is amended to read:
26B-1-435
. Medical Cannabis Policy Advisory Board creation -- Membership -- 
Duties.
(1)
There is created within the department the Medical Cannabis Policy Advisory Board.
(2)
(a)
The advisory board shall consist of the following members:
(i)
appointed by the executive director:
(A)
a 
qualified medical provider
recommending medical provider
 who has 
recommended medical cannabis to at least 100 patients before being appointed;
(B)
a medical research professional;
(C)
a mental health specialist;
(D)
an individual who represents an organization that advocates for medical 
cannabis patients;
(E)
an individual who holds a medical cannabis patient card; and
(F)
a member of the general public who does not hold a medical cannabis card; and
(ii)
appointed by the commissioner of the Department of Agriculture and Food:
(A)
an individual who owns or operates a licensed cannabis cultivation facility, as 
defined in Section 
4-41a-102
;
(B)
an individual who owns or operates a licensed medical cannabis pharmacy; 
and
(C)
a law enforcement officer.
(b)
The commissioner of the Department of Agriculture and Food shall ensure that at 
least one individual appointed under Subsection (2)(a)(ii)(A) or (B) also owns or 
operates a licensed cannabis processing facility.
(3)
(a)
Subject to Subsection (3)(b), a member of the advisory board shall serve for a four 
year term.
(b)
When appointing the initial membership of the advisory board, the executive director 
and the commissioner of the Department of Agriculture and Food shall coordinate to 
appoint four advisory board members to serve a term of two years to ensure that 
approximately half of the board is appointed every two years.
(4)
(a)
If an advisory board member is no longer able to serve as a member, a new 
member shall be appointed in the same manner as the original appointment.
(b)
A member appointed in accordance with Subsection (4)(a) shall serve for the 
remainder of the unexpired term of the original appointment.
(5)
(a)
A majority of the advisory board members constitutes a quorum.
(b)
The action of a majority of a quorum constitutes an action of the advisory board.
(c)
For a term lasting one year, the advisory board shall annually designate members of 
the advisory board to serve as chair and vice-chair.
(d)
When designating the chair and vice-chair, the advisory board shall ensure that at 
least one individual described Subsection (2)(a)(i) is appointed as chair or vice-chair.
(6)
An advisory board member may not receive compensation or benefits for the member's 
service on the advisory board but may receive per diem and reimbursement for travel 
expenses incurred as an advisory board member in accordance with:
(a)
Sections 
63A-3-106
 and 
63A-3-107
; and
(b)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(7)
The department shall:
(a)
provide staff support for the advisory board; and
(b)
assist the advisory board in conducting meetings.
(8)
The advisory board may recommend:
(a)
to the department or the Department of Agriculture and Food changes to current or 
proposed medical cannabis rules or statutes;
 and
(b)
to the appropriate legislative committee whether the advisory board supports a 
change to medical cannabis statutes.
(9)
The advisory board shall:
(a)
review any draft rule that is authorized under this chapter or Title 4, Chapter 41a, 
Cannabis Production Establishments and Pharmacies;
(b)
consult with the Department of Agriculture and Food regarding the issuance of an 
additional:
(i)
cultivation facility license under Section 
4-41a-205
; or
(ii)
pharmacy license under Section 
4-41a-1005
;
(c)
consult with the department regarding cannabis patient education;
(d)
consult regarding the reasonableness of any fees set by the department or the 
Department of Agriculture and Food that pertain to the medical cannabis program; 
and
(e)
consult regarding any issue pertaining to medical cannabis when asked by the 
department or the Utah Department of Agriculture and Food.
Section 6, Section 
26B-2-203
 is amended to read:
26B-2-203
. Services required -- General acute hospitals -- Specialty hospitals.
(1)
General acute hospitals and specialty hospitals shall remain open and be continuously 
ready to receive patients 24 hours of every day in a year and have an attending medical 
staff consisting of one or more physicians licensed to practice medicine and surgery 
under 
Title 58, Chapter 67, Utah Medical Practice Act
, or 
Title 58, Chapter 68, Utah 
Osteopathic Medical Practice Act
.
(2)
A specialty hospital shall provide on-site all basic services required of a general acute 
hospital that are needed for the diagnosis, therapy, or rehabilitation offered to or 
required by patients admitted to or cared for in the facility.
(3)
(a)
A home health agency shall provide at least licensed nursing services or 
therapeutic services directly through the agency employees.
(b)
A home health agency may provide additional services itself or under arrangements 
with another agency, organization, facility, or individual.
(4)
Beginning January 1, 2023, a hospice program shall provide at least one 
qualified 
medical provider
recommending medical provider
, as that term is defined in Section 
26B-4-201
, for the treatment of hospice patients.
Section 7, Section 
26B-4-201
 is amended to read:
26B-4-201
. Definitions.
As used in this part:
(1)
"Active tetrahydrocannabinol" means THC, any THC analog, and 
tetrahydrocannabinolic acid.
(2)
"Administration of criminal justice" means the performance of detection, apprehension, 
detention, pretrial release, post-trial release, prosecution, and adjudication.
(3)
"Advertise" means information provided by a person in any medium:
(a)
to the public; and
(b)
that is not age restricted to an individual who is at least 21 years old.
(4)
"Advisory board" means the Medical Cannabis Policy Advisory Board created in 
Section 
26B-1-435
.
(5)
"Cannabis Research Review Board" means the Cannabis Research Review Board 
created in Section 
26B-1-420
.
(6)
"Cannabis" means marijuana.
(7)
"Cannabis processing facility" means the same as that term is defined in Section 
4-41a-102
.
(8)
"Cannabis product" means a product that:
(a)
is intended for human use; and
(b)
contains cannabis or any tetrahydrocannabinol or THC analog in a total 
concentration of 0.3% or greater on a dry weight basis.
(9)
"Cannabis production establishment" means the same as that term is defined in Section 
4-41a-102
.
(10)
"Cannabis production establishment agent" means the same as that term is defined in 
Section 
4-41a-102
.
(11)
"Cannabis production establishment agent registration card" means the same as that 
term is defined in Section 
4-41a-102
.
(12)
"Conditional medical cannabis card" means an electronic medical cannabis card that 
the department issues in accordance with Subsection 
26B-4-213
(1)(b) to allow an 
applicant for a medical cannabis card to access medical cannabis during the department's 
review of the application.
(13)
"Controlled substance database" means the controlled substance database created in 
Section 
58-37f-201
.
(14)
"Delivery address" means the same as that term is defined in Section 
4-41a-102
.
(15)
"Department" means the Department of Health and Human Services.
(16)
"Designated caregiver" means:
(a)
an individual:
(i)
whom an individual with a medical cannabis patient card or a medical cannabis 
guardian card designates as the patient's caregiver; and
(ii)
who registers with the department under Section 
26B-4-214
; or
(b)
(i)
a facility that an individual designates as a designated caregiver in accordance 
with Subsection 
26B-4-214
(1)(b); or
(ii)
an assigned employee of the facility described in Subsection 
26B-4-214
(1)(b)(ii).
(17)
"Directions of use" means recommended routes of administration for a medical 
cannabis treatment and suggested usage guidelines.
(18)
"Dosing guidelines" means a quantity range and frequency of administration for a 
recommended treatment of medical cannabis.
(19)
"Government issued photo identification" means any of the following forms of 
identification:
(a)
a valid state-issued driver license or identification card;
(b)
a valid United States federal-issued photo identification, including:
(i)
a United States passport;
(ii)
a United States passport card;
(iii)
a United States military identification card; or
(iv)
a permanent resident card or alien registration receipt card; or
(c)
a foreign passport.
(20)
"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.
(21)
"Inventory control system" means the system described in Section 
4-41a-103
.
(22)
"Legal dosage limit" means an amount that:
(a)
is sufficient to provide 30 days of treatment based on the dosing guidelines that the 
relevant recommending medical provider or the state central patient portal or 
pharmacy medical provider, in accordance with Subsection 
26B-4-230
(5)
26B-4-231(5)
, recommends; and
(b)
may not exceed:
(i)
for unprocessed cannabis in a medicinal dosage form, 113 grams by weight; and
(ii)
for a cannabis product in a medicinal dosage form, a quantity that contains, in 
total, greater than 20 grams of active tetrahydrocannabinol.
(23)
"Legal use termination date" means a date on the label of a container of unprocessed 
cannabis flower:
(a)
that is 60 days after the date of purchase of the cannabis; and
(b)
after which, the cannabis is no longer in a medicinal dosage form outside of the 
primary residence of the relevant medical cannabis patient cardholder.
(24)
"Limited medical provider" means an individual who:
(a)
meets the recommending qualifications; and
(b)
has no more than 15 patients with a valid medical cannabis patient card as a result 
of the individual's recommendation, in accordance with Subsection 
26B-4-204
(1)(b).
(25)
(24)
"Marijuana" means the same as that term is defined in Section 
58-37-2
.
(26)
(25)
"Medical cannabis" means cannabis in a medicinal dosage form or a cannabis 
product in a medicinal dosage form.
(27)
(26)
"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.
(28)
(27)
"Medical cannabis cardholder" means:
(a)
a holder of a medical cannabis card; or
(b)
a facility or assigned employee, described in Subsection (16)(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.
(29)
(28)
"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
(b)
is connected to the electronic verification system.
(30)
(29)
"Medical cannabis courier" means the same as that term is defined in Section 
4-41a-102
.
(31)
(30)
(a)
"Medical cannabis device" means a device that an individual uses to ingest 
or inhale cannabis in a medicinal dosage form or a cannabis product in a medicinal 
dosage form.
(b)
"Medical cannabis device" does not include a device that:
(i)
facilitates cannabis combustion; or
(ii)
an individual uses to ingest substances other than cannabis.
(32)
(31)
"Medical cannabis guardian 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 the parent or legal guardian of a minor with a qualifying 
condition; and
(b)
is connected to the electronic verification system.
(33)
(32)
"Medical cannabis patient 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 with a qualifying condition; and
(b)
is connected to the electronic verification system.
(34)
(33)
"Medical cannabis pharmacy" means a person that:
(a)
(i)
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.
(35)
(34)
"Medical cannabis pharmacy agent" means an individual who holds a valid 
medical cannabis pharmacy agent registration card issued by the department.
(36)
(35)
"Medical cannabis pharmacy agent registration card" means a registration card 
issued by the department that authorizes an individual to act as a medical cannabis 
pharmacy agent.
(37)
(36)
"Medical cannabis shipment" means the same as that term is defined in Section 
4-41a-102
.
(38)
(37)
"Medical cannabis treatment" means cannabis in a medicinal dosage form, a 
cannabis product in a medicinal dosage form, or a medical cannabis device.
(39)
(38)
(a)
"Medicinal dosage form" means:
(i)
for processed medical cannabis, the following with a specific and consistent 
cannabinoid content:
(A)
a tablet;
(B)
a capsule;
(C)
a concentrated liquid or viscous oil;
(D)
a liquid suspension that does not exceed 30 milliliters;
(E)
a topical preparation;
(F)
a transdermal preparation;
(G)
a sublingual preparation;
(H)
a gelatinous cube, gelatinous rectangular cuboid, or lozenge in a cube or 
rectangular cuboid shape;
(I)
a resin or wax; 
(J)
an aerosol; 
(K)
a suppository preparation; or
(L)
a soft or hard confection that is a uniform rectangular cuboid or uniform 
spherical shape, is homogeneous in color and texture, and each piece is a single 
serving; or
(ii)
for unprocessed cannabis flower, a container described in Section 
4-41a-602
 that:
(A)
contains cannabis flower in a quantity that varies by no more than 10% from 
the stated weight at the time of packaging;
(B)
at any time the medical cannabis cardholder transports or possesses the 
container in public, is contained within an opaque bag or box that the medical 
cannabis pharmacy provides; and
(C)
is labeled with the container's content and weight, the date of purchase, the 
legal use termination date, and a barcode that provides information connected 
to an inventory control system.
(b)
"Medicinal dosage form" includes a portion of unprocessed cannabis flower that:
(i)
the medical cannabis cardholder has recently removed from the container 
described in Subsection 
(39)(a)(ii)
(38)(a)(ii)
 for use; and
(ii)
does not exceed the quantity described in Subsection 
(39)(a)(ii)
(38)(a)(ii)
.
(c)
"Medicinal dosage form" does not include:
(i)
any unprocessed cannabis flower outside of the container described in Subsection 
(39)(a)(ii)
(38)(a)(ii)
, except as provided in Subsection 
(39)(b)
(38)(b)
;
(ii)
any unprocessed cannabis flower in a container described in Subsection 
(39)(a)(ii)
(38)(a)(ii)
 after the legal use termination date;
(iii)
a process of vaporizing and inhaling concentrated cannabis by placing the 
cannabis on a nail or other metal object that is heated by a flame, including a 
blowtorch;
(iv)
a liquid suspension that is branded as a beverage;
(v)
a substance described in Subsection 
(39)(a)(i)
(38)(a)(i)
 or (ii) if the substance is 
not measured in grams, milligrams, or milliliters; or
(vi)
a substance that contains or is covered to any degree with chocolate.
(40)
(39)
"Nonresident patient" means an individual who:
(a)
is not a resident of Utah or has been a resident of Utah for less than 45 days;
(b)
has a currently valid medical cannabis card or the equivalent of a medical cannabis 
card under the laws of another state, district, territory, commonwealth, or insular 
possession of the United States; and
(c)
has been diagnosed with a qualifying condition as described in Section 
26B-4-203
.
(41)
(40)
"Pharmacy medical provider" means the medical provider required to be on site 
at a medical cannabis pharmacy under Section 
26B-4-219
.
(42)
(41)
"Provisional patient card" means a card that:
(a)
the department issues to a minor with a qualifying condition for whom:
(i)
a recommending medical provider has recommended a medical cannabis 
treatment; and
(ii)
the department issues a medical cannabis guardian card to the minor's parent or 
legal guardian; and
(b)
is connected to the electronic verification system.
(43)
"Qualified medical provider" means an individual:
(a)
who meets the recommending qualifications; and
(b)
whom the department registers to recommend treatment with cannabis in a 
medicinal dosage form under Section 
26B-4-204
.
(44)
(42)
"Qualified Patient Enterprise Fund" means the enterprise fund created in Section 
26B-1-310
.
(45)
(43)
"Qualifying condition" means a condition described in Section 
26B-4-203
.
(46)
(44)
"Recommend" or "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.
(47)
(45)
"Recommending medical provider" 
means a qualified medical provider or a 
limited medical provider
means an individual who:
(a)
meets the recommending qualifications
.
;
(b)
completes four hours of continuing medical education specific to medical cannabis 
through formal or informal sources; and
(c)
every two years, provides an acknowledgment to the department that the individual 
completed four hours of continuing medical education.
(48)
(46)
"Recommending qualifications" means that an individual:
(a)
(i)
has the authority to write a prescription;
(ii)
is licensed to prescribe a controlled substance under Title 58, Chapter 37, Utah 
Controlled Substances Act; and
(iii)
possesses the authority, in accordance with the individual's scope of practice, to 
prescribe a Schedule II controlled substance; and
(b)
is licensed as:
(i)
a podiatrist under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii)
an advanced practice registered nurse under Title 58, Chapter 31b, Nurse Practice 
Act;
(iii)
a physician under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, 
Chapter 68, Utah Osteopathic Medical Practice Act; or
(iv)
a physician assistant under Title 58, Chapter 70a, Utah Physician Assistant Act.
(49)
(47)
"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.
(50)
(48)
"State electronic verification system" means the system described in Section 
26B-4-202
.
(51)
(49)
"Targeted marketing" means the promotion by a 
qualified medical provider
recommending medical provider
, medical clinic, or medical office that employs a 
qualified medical provider
recommending medical provider
 of a medical cannabis 
recommendation service using any of the following methods:
(a)
electronic communication to an individual who is at least 21 years old and has 
requested to receive promotional information;
(b)
an in-person marketing event that is held in an area where only an individual who is 
at least 21 years old may access the event;
(c)
other marketing material that is physically or digitally displayed in the office of the 
medical clinic or office that employs a 
qualified medical provider
recommending 
medical provider
; or
(d)
a leaflet that a 
qualified medical provider
recommending medical provider
, medical 
clinic, or medical office that employs a 
qualified medical provider
recommending 
medical provider
 shares with an individual who is at least 21 years old.
(52)
(50)
"Tetrahydrocannabinol" or "THC" means a substance derived from cannabis or a 
synthetic equivalent as described in Subsection 
58-37-4
(2)(a)(iii)(AA).
(53)
(51)
"THC analog" means the same as that term is defined in Section 
4-41-102
.
Section 8, Section 
26B-4-202
 is amended to read:
26B-4-202
. Electronic verification system.
(1)
The Department of Agriculture and Food, the department, the Department of Public 
Safety, and the Division of Technology Services shall:
(a)
enter into a memorandum of understanding in order to determine the function and 
operation of the state electronic verification system in accordance with Subsection (2);
(b)
coordinate with the Division of Purchasing, under Title 63G, Chapter 6a, Utah 
Procurement Code, to develop a request for proposals for a third-party provider to 
develop and maintain the state electronic verification system in coordination with the 
Division of Technology Services; and
(c)
select a third-party provider who:
(i)
meets the requirements contained in the request for proposals issued under 
Subsection (1)(b); and
(ii)
may not have any commercial or ownership interest in a cannabis production 
establishment or a medical cannabis pharmacy.
(2)
The Department of Agriculture and Food, the department, the Department of Public 
Safety, and the Division of Technology Services shall ensure that the state electronic 
verification system described in Subsection (1):
(a)
allows an individual to apply for a medical cannabis patient card or, if applicable, a 
medical cannabis guardian card, provided that the card may not become active until:
(i)
the relevant 
qualified medical provider
recommending medical provider
completes the associated medical cannabis recommendation; or
(ii)
for a medical cannabis card related to a limited medical provider's 
recommendation, 
the medical cannabis pharmacy completes the recording 
described in Subsection (2)(d);
(b)
allows an individual to apply to renew a medical cannabis patient card or a medical 
cannabis guardian card in accordance with Section 
26B-4-213
;
(c)
allows a 
qualified medical provider
recommending medical provider
, or an 
employee described in Subsection (3) acting on behalf of the 
qualified medical 
provider
recommending medical provider
, to:
(i)
access dispensing and card status information regarding a patient:
(A)
with whom the 
qualified medical provider
recommending medical provider
has a provider-patient relationship; and
(B)
for whom the 
qualified medical provider
recommending medical provider
has recommended or is considering recommending a medical cannabis card;
(ii)
electronically recommend treatment with cannabis in a medicinal dosage form or 
a cannabis product in a medicinal dosage form and optionally recommend dosing 
guidelines;
(iii)
electronically renew a recommendation to a medical cannabis patient cardholder 
or medical cannabis guardian cardholder:
(A)
using telehealth services, for the 
qualified medical provider
recommending 
medical provider
 who originally recommended a medical cannabis treatment 
during a face-to-face visit with the patient; or
(B)
during a face-to-face visit with the patient, for a 
qualified medical provider
recommending medical provider
 who did not originally recommend the 
medical cannabis treatment during a face-to-face visit; and
(iv)
submit an initial application, renewal application, or application payment on 
behalf of an individual applying for any of the following:
(A)
a medical cannabis patient card;
(B)
a medical cannabis guardian card; or
(C)
a medical cannabis caregiver card;
(d)
allows a medical cannabis pharmacy medical provider or medical cannabis pharmacy 
agent, in accordance with Subsection 
4-41a-1101
(10)(a), to:
(i)
access the electronic verification system to review the history within the system of 
a patient with whom the provider or agent is interacting, limited to read-only 
access for medical cannabis pharmacy agents unless the medical cannabis 
pharmacy's pharmacist in charge authorizes add and edit access;
(ii)
record a patient's recommendation from a 
limited medical provider
recommending medical provider
, including any directions of use, dosing 
guidelines, or caregiver indications from the 
limited medical provider
recommending medical provider
; 
(iii)
record a 
limited medical provider's
recommending medical provider's
 renewal 
of the provider's previous recommendation; and
(iv)
submit an initial application, renewal application, or application payment on 
behalf of an individual applying for any of the following:
(A)
a medical cannabis patient card;
(B)
a medical cannabis guardian card; or
(C)
a medical cannabis caregiver card;
(e)
connects with:
(i)
an inventory control system that a medical cannabis pharmacy uses to track in real 
time and archive purchases of any cannabis in a medicinal dosage form, cannabis 
product in a medicinal dosage form, or a medical cannabis device, including:
(A)
the time and date of each purchase;
(B)
the quantity and type of cannabis, cannabis product, or medical cannabis 
device purchased;
(C)
any cannabis production establishment, any medical cannabis pharmacy, or 
any medical cannabis courier associated with the cannabis, cannabis product, 
or medical cannabis device; and
(D)
the personally identifiable information of the medical cannabis cardholder 
who made the purchase; and
(ii)
any commercially available inventory control system that a cannabis production 
establishment utilizes in accordance with Section 
4-41a-103
 to use data that the 
Department of Agriculture and Food requires by rule, in accordance with Title 
63G, Chapter 3, Utah Administrative Rulemaking Act, from the inventory 
tracking system that a licensee uses to track and confirm compliance;
(f)
provides access to:
(i)
the department to the extent necessary to carry out the department's functions and 
responsibilities under this part;
(ii)
the Department of Agriculture and Food to the extent necessary to carry out the 
functions and responsibilities of the Department of Agriculture and Food under 
Title 4, Chapter 41a, Cannabis Production Establishments and Pharmacies; and
(iii)
the Division of Professional Licensing to the extent necessary to carry out the 
functions and responsibilities related to the participation of the following in the 
recommendation and dispensing of medical cannabis:
(A)
a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing 
Act;
(B)
a pharmacist licensed under Title 58, Chapter 17b, Pharmacy Practice Act;
(C)
an advanced practice registered nurse licensed under Title 58, Chapter 31b, 
Nurse Practice Act;
(D)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or 
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(E)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician 
Assistant Act;
(g)
provides access to and interaction with the state central patient portal;
(h)
communicates dispensing information from a record that a medical cannabis 
pharmacy submits to the state electronic verification system under Subsection 
4-41a-1102
(3)(a)(ii) to the controlled substance database;
(i)
provides access to state or local law enforcement only to verify the validity of an 
individual's medical cannabis card for the administration of criminal justice and 
through a database used by law enforcement; and
(j)
creates a record each time a person accesses the system that identifies the person who 
accesses the system and the individual whose records the person accesses.
(3)
(a)
An employee of a 
qualified medical provider
recommending medical provider
may access the electronic verification system for a purpose described in Subsection 
(2)(c) on behalf of the 
qualified medical provider
recommending medical provider
 if:
(i)
the 
qualified medical provider
recommending medical provider
 has designated 
the employee as an individual authorized to access the electronic verification 
system on behalf of the 
qualified medical provider
recommending medical 
provider
;
(ii)
the 
qualified medical provider
recommending medical provider
 provides written 
notice to the department of the employee's identity and the designation described 
in Subsection (3)(a)(i); and
(iii)
the department grants to the employee access to the electronic verification 
system.
(b)
An employee of a business that employs a 
qualified medical provider
recommending medical provider
 may access the electronic verification system for a 
purpose described in Subsection (2)(c) on behalf of the 
qualified medical provider
recommending medical provider
 if:
(i)
the 
qualified medical provider
recommending medical provider
 has designated 
the employee as an individual authorized to access the electronic verification 
system on behalf of the 
qualified medical provider
recommending medical 
provider
;
(ii)
the 
qualified medical provider
recommending medical provider
 and the 
employing business jointly provide written notice to the department of the 
employee's identity and the designation described in Subsection (3)(b)(i); and
(iii)
the department grants to the employee access to the electronic verification 
system.
(4)
(a)
As used in this Subsection (4), "prescribing provider" means:
(i)
a podiatrist licensed under Title 58, Chapter 5a, Podiatric Physician Licensing Act;
(ii)
an advanced practice registered nurse licensed under Title 58, Chapter 31b, Nurse 
Practice Act;
(iii)
a physician licensed under Title 58, Chapter 67, Utah Medical Practice Act, or 
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; or
(iv)
a physician assistant licensed under Title 58, Chapter 70a, Utah Physician 
Assistant Act.
(b)
A prescribing provider may access information in the electronic verification system 
regarding a patient the prescribing provider treats.
(5)
The department may release limited data that the system collects for the purpose of:
(a)
conducting medical and other department approved research;
(b)
providing the report required by Section 
26B-4-222
; and
(c)
other official department purposes.
(6)
The department shall make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, to establish:
(a)
the limitations on access to the data in the state electronic verification system as 
described in this section; and
(b)
standards and procedures to ensure accurate identification of an individual requesting 
information or receiving information in this section.
(7)
Any person who negligently or recklessly releases any information in the state 
electronic verification system in violation of this section is guilty of a class C 
misdemeanor.
(8)
Any person who obtains or attempts to obtain information from the state electronic 
verification system by misrepresentation or fraud is guilty of a third degree felony.
(9)
(a)
Except as provided in Subsections (9)(c) and (9)(e), a person may not knowingly 
and intentionally use, release, publish, or otherwise make available to any other 
person information obtained from the state electronic verification system for any 
purpose other than a purpose specified in this section.
(b)
Each separate violation of this Subsection (9) is:
(i)
a third degree felony; and
(ii)
subject to a civil penalty not to exceed $5,000.
(c)
A law enforcement officer who uses the database used by law enforcement to access 
information in the electronic verification system for a reason that is not the 
administration of criminal justice is guilty of a class B misdemeanor.
(d)
The department shall determine a civil violation of this Subsection (9) in accordance 
with Title 63G, Chapter 4, Administrative Procedures Act.
(e)
Civil penalties assessed under this Subsection (9) shall be deposited into the General 
Fund.
(f)
This Subsection (9) does not prohibit a person who obtains information from the state 
electronic verification system under Subsection (2)(a), (c), or (f) from:
(i)
including the information in the person's medical chart or file for access by a 
person authorized to review the medical chart or file;
(ii)
providing the information to a person in accordance with the requirements of the 
Health Insurance Portability and Accountability Act of 1996; or
(iii)
discussing or sharing that information about the patient with the patient.
Section 9, Section 
26B-4-203
 is amended to read:
26B-4-203
. Qualifying condition.
(1)
By designating a particular condition under Subsection 
(2)
 for which the use of medical 
cannabis to treat symptoms is decriminalized, the Legislature does not conclusively state 
that:
(a)
current scientific evidence clearly supports the efficacy of a medical cannabis 
treatment for the condition; or
(b)
a medical cannabis treatment will treat, cure, or positively affect the condition.
(2)
For the purposes of this part, each of the following conditions is a qualifying condition:
(a)
HIV or acquired immune deficiency syndrome;
(b)
Alzheimer's disease;
(c)
amyotrophic lateral sclerosis;
(d)
cancer;
(e)
cachexia;
(f)
persistent nausea that is not significantly responsive to traditional treatment, except 
for nausea related to:
(i)
pregnancy;
(ii)
cannabis-induced cyclical vomiting syndrome; or
(iii)
cannabinoid hyperemesis syndrome;
(g)
Crohn's disease or ulcerative colitis;
(h)
epilepsy or debilitating seizures;
(i)
multiple sclerosis or persistent and debilitating muscle spasms;
(j)
post-traumatic stress disorder that is being treated and monitored by a licensed mental 
health therapist, as that term is defined in Section 
58-60-102
, and that:
(i)
has been diagnosed by a healthcare provider or mental health provider employed 
or contracted by the United States Veterans Administration, evidenced by copies 
of medical records from the United States Veterans Administration that are 
included as part of the 
qualified medical provider's
recommending medical 
provider's
 pre-treatment assessment and medical record documentation; or
(ii)
has been diagnosed or confirmed, through face-to-face or telehealth evaluation of 
the patient, by a provider who is:
(A)
a licensed board-eligible or board-certified psychiatrist;
(B)
a licensed psychologist with a master's-level degree;
(C)
a licensed clinical social worker with a master's-level degree;
(D)
a licensed advanced practice registered nurse who is qualified to practice 
within the psychiatric mental health nursing specialty and who has completed 
the clinical practice requirements in psychiatric mental health nursing, 
including in psychotherapy, in accordance with Subsection 
58-31b-302(5)(g)
; 
or
(E)
a licensed physician assistant who is qualified to specialize in mental health 
care under Section 
58-70a-501.1
;
(k)
autism;
(l)
a terminal illness when the patient's remaining life expectancy is less than six months;
(m)
a condition resulting in the individual receiving hospice care;
(n)
a rare condition or disease that:
(i)
affects less than 200,000 individuals in the United States, as defined in Section 
526 of the Federal Food, Drug, and Cosmetic Act; and
(ii)
is not adequately managed despite treatment attempts using:
(A)
conventional medications other than opioids or opiates; or
(B)
physical interventions;
(o)
pain lasting longer than two weeks that is not adequately managed, in the 
qualified 
medical provider's
recommending medical provider's
 opinion, despite treatment 
attempts using:
(i)
conventional medications other than opioids or opiates; or
(ii)
physical interventions;
(p)
pain that is expected to last for two weeks or longer for an acute condition, including 
a surgical procedure, for which a medical professional may generally prescribe 
opioids for a limited duration, subject to Subsection 
26B-4-213(5)(c)
; and
(q)
a condition that the Compassionate Use Board approves under Section 
26B-1-421
, 
on an individual, case-by-case basis.
Section 10, Section 
26B-4-204
 is amended to read:
26B-4-204
. Treatment recommendation.
(1)
(a)
(i)
Except as provided in Subsection (1)(b), an individual may not recommend 
a medical cannabis treatment unless the department registers the individual as a 
qualified medical provider in accordance with this section.
A recommending 
medical provider may recommend medical cannabis.
(ii)
Notwithstanding Subsection (1)(a)(i), a 
qualified medical provider
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)
An individual who meets the recommending qualifications may recommend a 
medical cannabis treatment as a limited medical provider without registering under 
Subsection (1)(a) if:
(i)
the individual recommends the use of medical cannabis to the patient through an 
order described in Subsection (1)(c) after:
(A)
a face-to-face visit for an initial recommendation or the renewal of a 
recommendation for a patient for whom the limited medical provider did not 
make the patient's original recommendation; or
(B)
a visit using telehealth services for a renewal of a recommendation for a 
patient for whom the limited medical provider made the patient's original 
recommendation; and
(ii)
the individual's recommendation or renewal would not cause the total number of 
the individual's patients who have a valid medical cannabis patient card or 
provisional patient card resulting from the individual's recommendation to exceed 
15.
(c)
(b)
The individual described in Subsection (1)(b) shall 
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:
(i)
(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)(c).
(d)
(c)
If the 
limited medical provider
recommending medical provider
 gives the 
patient a written recommendation to deliver to a medical cannabis pharmacy under 
Subsection 
(1)(c)(i)(B), the limited medical provider
(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.
(e)
(d)
In considering making a recommendation as a 
limited medical provider
recommending medical provider
, an individual may consult information that the 
department makes available on the department's website for recommending providers.
(2)
(a)
The department shall, within 15 days after the day on which the department 
receives an application from an individual, register and issue a qualified medical 
provider registration card to the individual if the individual:
(i)
provides to the department the individual's name and address;
(ii)
provides to the department an acknowledgment that the individual has completed 
four hours of continuing education related to medical cannabis;
(iii)
provides to the department evidence that the individual meets the 
recommending qualifications;
(iv)
for an applicant on or after November 1, 2021, provides to the department the 
information described in Subsection (10)(a); and
(v)
pays the department a fee in an amount that:
(A)
the department sets, in accordance with Section 
63J-1-504
; and
(B)
does not exceed $300 for an initial registration.
(b)
The department may not register an individual as a qualified medical provider if the 
individual is:
(i)
a pharmacy medical provider; or
(ii)
an owner, officer, director, board member, employee, or agent of a cannabis 
production establishment, a medical cannabis pharmacy, or a medical cannabis 
courier.
(3)
(a)
An individual shall complete the continuing education related to medical 
cannabis in the following amounts:
(i)
for an individual as a condition precedent to registration, four hours; and
(ii)
for a qualified medical provider as a condition precedent to renewal, four hours 
every two years.
(b)
(2)
(a)
The department may, in consultation with the Division of Professional 
Licensing, develop continuing education related to medical cannabis.
(c)
(b)
The continuing education described in this Subsection 
(3)
(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.
(4)
(3)
(a)
Except as provided in Subsection 
(4)(b)
(3)(b)
, a 
qualified medical provider
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 
qualified medical provider
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 
(4)(a)
(3)(a)
.
(5)
(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.
(6)
(a)
Except as provided in Subsections (6)(b) and (c), a person may not advertise that 
the person or the person's employee recommends a medical cannabis treatment.
(b)
Notwithstanding Subsection (6)(a) and Section 
4-41a-109
, a qualified medical 
provider, medical clinic, or medical office that employs a qualified medical provider 
may advertise only the following:
(i)
a green cross;
(ii)
the provider's or clinic's name and logo;
(iii)
a qualifying condition that the individual treats;
(iv)
that the qualified medical provider, medical clinic, or medical office evaluates 
patients for medical cannabis recommendations;
(v)
a scientific study regarding medical cannabis use; or
(vi)
contact information.
(c)
Notwithstanding Subsection (6)(a) and Section 
4-41a-109
, qualified medical 
provider, medical clinic, or medical office that employs a qualified medical provider 
may engage in targeted marketing, as determined by the department through rule, for 
advertising medical cannabis recommendation services.
(7)
(a)
A qualified medical provider registration card expires two years after the day on 
which the department issues the card.
(b)
The department shall renew a qualified medical provider's registration card if the 
provider:
(i)
applies for renewal;
(ii)
is eligible for a qualified medical provider registration card under this section, 
including maintaining an unrestricted license under the recommending 
qualifications;
(iii)
certifies to the department in a renewal application that the information in 
Subsection (2)(a) is accurate or updates the information;
(iv)
submits a report detailing the completion of the continuing education 
requirement described in Subsection (3); and
(v)
pays the department a fee in an amount that:
(A)
the department sets, in accordance with Section 
63J-1-504
; and
(B)
does not exceed $50 for a registration renewal.
(8)
The department may revoke the registration of a qualified medical provider who fails 
to maintain compliance with the requirements of this section.
(9)
A recommending medical provider may not:
(a)
receive any compensation or benefit for the qualified medical provider's medical 
cannabis treatment recommendation from:
(i)
a cannabis production establishment or an owner, officer, director, board 
member, employee, or agent of a cannabis production establishment;
(ii)
a medical cannabis pharmacy or an owner, officer, director, board member, 
employee, or agent of a medical cannabis pharmacy; or
(iii)
a recommending medical provider or pharmacy medical provider; or
(b)
provide a medical cannabis recommendation at a medical clinic or medical office 
that is violating the advertising limitations described in Subsection (6).
(10)
(5)
(a)
Each quarter, a qualified medical provider shall report to the department, in 
a manner designated by the department:
The department shall host a recommending 
provider contact list on the department's website that contains the information 
described in Subsection 
(5)(b)
.
(i)
if applicable, that the qualified medical provider or the entity that employs the 
qualified medical provider represents online or on printed material that the 
qualified medical provider is a qualified medical provider or offers medical 
cannabis recommendations to patients; and
(ii)
(A)
for cash payment without insurance, the fee amount that the qualified 
medical provider or the entity that employs the qualified medical provider 
charges a patient for a medical cannabis recommendation as an actual cash 
rate; and
(B)
whether the qualified medical provider or the entity that employs the 
qualified medical provider bills insurance.
(b)
The department shall:
A recommending medical provider that elects to be included 
on the contact list shall provide the department the following:
(i)
ensure that the following information related to qualified medical providers and 
entities described in Subsection (10)(a)(i) is available on the department's website 
or on the health care price transparency tool under Subsection (10)(b)(ii):
(A)
(i)
the name of the 
qualified medical provider
recommending medical provider
and, if applicable, the name of the entity that employs the 
qualified medical 
provider
recommending medical provider
;
(B)
(ii)
the address of the 
qualified medical provider's
recommending medical 
provider's
 office or, if applicable, the entity that employs the 
qualified medical 
provider
recommending medical provider
; and
(C)
(iii)
(A)
the fee amount 
described in Subsection (10)(a)(ii)(A); and
charged 
by the recommending medical provider; or
(B)
whether the recommending medical provider or entity that employs the 
recommending medical provider bills insurance.
(ii)
(c)
The department shall 
share data collected under this Subsection 
(10)
(5)
 with 
the state auditor for use in the health care price transparency tool
 described in 
Section 
67-3-11
.
Section 11, Section 
26B-4-205
 is amended to read:
26B-4-205
. Standard of care -- Physicians and pharmacists not liable -- No 
private right of action.
(1)
An individual described in Subsection 
(2)
 is not subject to the following solely for 
violating a federal law or regulation that would otherwise prohibit recommending, 
prescribing, or dispensing medical cannabis, a medical cannabis product, or a 
cannabis-based drug that the United States Food and Drug Administration has not 
approved:
(a)
civil or criminal liability; or
(b)
licensure sanctions under 
Title 58, Chapter 17b, Pharmacy Practice Act
, 
Title 58, 
Chapter 31b, Nurse Practice Act
, 
Title 58, Chapter 67, Utah Medical Practice Act
, 
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act
, or 
Title 58, Chapter 
70a, Utah Physician Assistant Act
.
(2)
The limitations of liability described in Subsection 
(1)
 apply to:
(a)
a podiatrist licensed under 
Title 58, Chapter 5a, Podiatric Physician Licensing Act
, 
an advanced practice registered nurse licensed under 
Title 58, Chapter 31b, Nurse 
Practice Act
, a physician licensed under 
Title 58, Chapter 67, Utah Medical Practice 
Act
, or 
Title 58, Chapter 68, Utah Osteopathic Medical Practice Act
, or a physician 
assistant licensed under 
Title 58, Chapter 70a, Utah Physician Assistant Act
:
(i)
(A)
whom the department has registered as a qualified medical provider; or
(B)
who makes a recommendation as a limited medical provider; and
(ii)
(a)
a recommending medical provider 
who recommends treatment with cannabis in 
a medicinal dosage form or a cannabis product in a medicinal dosage form to a 
patient in accordance with this part; and
(b)
a pharmacist licensed under 
Title 58, Chapter 17b, Pharmacy Practice Act
:
(i)
whom the department has registered as a pharmacy medical provider; and
(ii)
who dispenses, in a medical cannabis pharmacy, treatment with cannabis in a 
medicinal dosage form or a cannabis product in a medicinal dosage form to a 
medical cannabis cardholder in accordance with this part.
(3)
Nothing in this section or part reduces or in any way negates the duty of an individual 
described in Subsection 
(2)
 to use reasonable and ordinary care in the treatment of a 
patient:
(a)
who may have a qualifying condition; and
(b)
(i)
for whom the individual described in Subsection 
(2)(a)(i)
 or 
(ii)
(2)(a) 
has 
recommended or might consider recommending a treatment with cannabis or a 
cannabis product; or
(ii)
with whom the pharmacist described in Subsection 
(2)(b)
 has interacted in the 
dosing or dispensing of cannabis or a cannabis product.
(4)
(a)
As used in this Subsection 
(4)
, "healthcare facility" means a health care facility as 
defined in Section 
26B-2-201
.
(b)
A healthcare facility may adopt restrictions on the possession, use, and storage of 
medical cannabis on the premises of the healthcare facility by a medical cannabis 
cardholder who resides at or is actively receiving treatment or care at the healthcare 
facility.
(c)
An employee or agent of a healthcare facility described in this Subsection 
(4)
 is not 
subject to civil or criminal liability for carrying out employment duties, including:
(i)
providing or supervising care to a medical cannabis cardholder; or
(ii)
in accordance with a caregiver designation under Section 
26B-4-214
 for a 
medical cannabis cardholder residing at the healthcare facility, purchasing, 
transporting, or possessing medical cannabis for the relevant patient and in 
accordance with the designation.
(d)
Nothing in this section requires a healthcare facility to adopt a restriction under 
Subsection 
(4)(b)
.
Section 12, Section 
26B-4-213
 is amended to read:
26B-4-213
. Medical cannabis patient card -- Medical cannabis guardian card -- 
Conditional medical cannabis card -- Application -- Fees -- Studies.
(1)
(a)
Subject to Section 
26B-4-246
, within 15 days after the day on which an individual 
who satisfies the eligibility criteria in this section or Section 
26B-4-214
 submits an 
application in accordance with this section or Section 
26B-4-214
, the department 
shall:
(i)
issue a medical cannabis patient card to an individual described in Subsection 
(2)(a);
(ii)
issue a medical cannabis guardian card to an individual described in Subsection 
(2)(b);
(iii)
issue a provisional patient card to a minor described in Subsection (2)(c); and
(iv)
issue a medical cannabis caregiver card to an individual described in Subsection 
26B-4-214
(4).
(b)
(i)
Upon the entry of a recommending medical provider's medical cannabis 
recommendation for a patient in the state electronic verification system, either by 
the provider or the provider's employee or by a medical cannabis pharmacy 
medical provider or medical cannabis pharmacy in accordance with Subsection 
4-41a-1101
(10)(a), the department shall issue to the patient an electronic 
conditional medical cannabis card, in accordance with this Subsection (1)(b).
(ii)
A conditional medical cannabis card is valid for the lesser of:
(A)
60 days; or
(B)
the day on which the department completes the department's review and issues 
a medical cannabis card under Subsection (1)(a), denies the patient's medical 
cannabis card application, or revokes the conditional medical cannabis card 
under Subsection (8).
(iii)
The department may issue a conditional medical cannabis card to an individual 
applying for a medical cannabis patient card for which approval of the 
Compassionate Use Board is not required.
(iv)
An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and 
obligations under law applicable to a holder of the medical cannabis card for 
which the individual applies and for which the department issues the conditional 
medical cannabis card.
(2)
(a)
An individual is eligible for a medical cannabis patient card if:
(i)
(A)
the individual is at least 21 years old; or
(B)
the individual is 18, 19, or 20 years old, the individual petitions the 
Compassionate Use Board under Section 
26B-1-421
, and the Compassionate 
Use Board recommends department approval of the petition;
(ii)
the individual is a Utah resident;
(iii)
the individual's recommending medical provider recommends treatment with 
medical cannabis in accordance with Subsection (4);
(iv)
the individual signs an acknowledgment stating that the individual received the 
information described in Subsection (9); and
(v)
the individual pays to the department a fee in an amount that, subject to 
Subsection 
26B-1-310
(5), the department sets in accordance with Section 
63J-1-504
.
(b)
(i)
An individual is eligible for a medical cannabis guardian card if the individual:
(A)
is at least 18 years old;
(B)
is a Utah resident;
(C)
is the parent or legal guardian of a minor for whom the minor's recommending 
medical provider recommends a medical cannabis treatment, the individual 
petitions the Compassionate Use Board under Section 
26B-1-421
, and the 
Compassionate Use Board recommends department approval of the petition;
(D)
the individual signs an acknowledgment stating that the individual received 
the information described in Subsection (9); and
(E)
pays to the department a fee in an amount that, subject to Subsection 
26B-1-310
(5), the department sets in accordance with Section 
63J-1-504
, plus 
the cost of the criminal background check described in Section 
26B-4-215
.
(ii)
The department shall notify the Department of Public Safety of each individual 
that the department registers for a medical cannabis guardian card.
(c)
(i)
A minor is eligible for a provisional patient card if:
(A)
the minor has a qualifying condition;
(B)
the minor's recommending medical provider recommends a medical cannabis 
treatment to address the minor's qualifying condition;
(C)
one of the minor's parents or legal guardians petitions the Compassionate Use 
Board under Section 
26B-1-421
, and the Compassionate Use Board 
recommends department approval of the petition; and
(D)
the minor's parent or legal guardian is eligible for a medical cannabis guardian 
card under Subsection (2)(b) or designates a caregiver under Subsection (2)(d) 
who is eligible for a medical cannabis caregiver card under Section 
26B-4-214
.
(ii)
The department shall automatically issue a provisional patient card to the minor 
described in Subsection (2)(c)(i) at the same time the department issues a medical 
cannabis guardian card to the minor's parent or legal guardian.
(d)
If the parent or legal guardian of a minor described in Subsections (2)(c)(i)(A) 
through (C) does not qualify for a medical cannabis guardian card under Subsection 
(2)(b), the parent or legal guardian may designate up to two caregivers in accordance 
with Subsection 
26B-4-214
(1)(c) to ensure that the minor has adequate and safe 
access to the recommended medical cannabis treatment.
(3)
(a)
An individual who is eligible for a medical cannabis card described in Subsection 
(2)(a) or (b) shall submit an application for a medical cannabis card to the department:
(i)
through an electronic application connected to the state electronic verification 
system;
(ii)
with the recommending medical provider; and
(iii)
with information including:
(A)
the applicant's name, gender, age, and address;
(B)
the number of the applicant's government issued photo identification;
(C)
for a medical cannabis guardian card, the name, gender, and age of the minor 
receiving a medical cannabis treatment under the cardholder's medical cannabis 
guardian card; and
(D)
for a provisional patient card, the name of the minor's parent or legal guardian 
who holds the associated medical cannabis guardian card.
(b)
The department shall ensure that a medical cannabis card the department issues 
under this section contains the information described in Subsection (3)(a)(iii).
(c)
(i)
If a recommending medical provider determines that, because of age, illness, or 
disability, a medical cannabis patient cardholder requires assistance in 
administering the medical cannabis treatment that the recommending medical 
provider recommends, the recommending medical provider may indicate the 
cardholder's need in the state electronic verification system, either directly or
, for 
a limited medical provider,
 through the order described in Subsections 
26B-4-204
(1)(c) and (d)
26B-4-204(1)(b)
 and (c)
.
(ii)
If a recommending medical provider makes the indication described in 
Subsection (3)(c)(i):
(A)
the department shall add a label to the relevant medical cannabis patient card 
indicating the cardholder's need for assistance;
(B)
any adult who is 18 years old or older and who is physically present with the 
cardholder at the time the cardholder needs to use the recommended medical 
cannabis treatment may handle the medical cannabis treatment and any 
associated medical cannabis device as needed to assist the cardholder in 
administering the recommended medical cannabis treatment; and
(C)
an individual of any age who is physically present with the cardholder in the 
event of an emergency medical condition, as that term is defined in Section 
31A-1-301
, may handle the medical cannabis treatment and any associated 
medical cannabis device as needed to assist the cardholder in administering the 
recommended medical cannabis treatment.
(iii)
A non-cardholding individual acting under Subsection (3)(c)(ii)(B) or (C) may 
not:
(A)
ingest or inhale medical cannabis;
(B)
possess, transport, or handle medical cannabis or a medical cannabis device 
outside of the immediate area where the cardholder is present or with an intent 
other than to provide assistance to the cardholder; or
(C)
possess, transport, or handle medical cannabis or a medical cannabis device 
when the cardholder is not in the process of being dosed with medical cannabis.
(4)
To recommend a medical cannabis treatment to a patient or to renew a 
recommendation, a recommending medical provider shall:
(a)
visit with the patient face-to-face for an initial recommendation unless the patient:
(i)
prefers a virtual visit; and
(ii)
(A)
is on hospice or has a terminal illness according to the patient's medical 
provider; or
(B)
is a resident of an assisted living facility, as defined in Section 
26B-2-201
, or 
a nursing care facility, as defined in Section 
26B-2-201
;
(b)
(4)
(a)
Except as provided in Subsection 
(4)(b)
, a recommending medical provider 
may not recommend medical cannabis to a patient through a virtual visit.
(b)
A recommending medical provider may recommend medical cannabis to a patient 
through a virtual visit if the patient:
(i)
is on hospice or has a terminal illness according to the patient's medical provider;
(ii)
is a resident of an assisted living facility, as defined in Section 
26B-2-201
, or a 
nursing care facility, as defined in Section 
26B-2-201
;
(iii)
has previously received a medical cannabis recommendation from the 
recommending medical provider through a face-to-face visit; or
(iv)
is a current patient of the recommending medical provider and has met with the 
recommending medical provider face-to-face previously.
(c)
A recommending medical provider shall:
(i)
before recommending or renewing a recommendation for medical cannabis in a 
medicinal dosage form or a cannabis product in a medicinal dosage form:
(i)
(A)
verify the patient's and, for a minor patient, the minor patient's parent or 
legal guardian's government issued photo identification described in 
Subsection (3)(a);
(ii)
(B)
review any record related to the patient and, for a minor patient, the 
patient's parent or legal guardian 
in:
accessible to the recommending medical 
provider including in the controlled substance database created in Section 
58-37f-201
; and
(A)
for a qualified medical provider
, the state electronic verification system; and
(B)
the controlled substance database created in Section 
58-37f-201
; and
(iii)
(C)
consider the recommendation in light of the patient's qualifying 
condition, history of substance use or opioid use disorder, and history of 
medical cannabis and controlled substance use during a visit with the patient; 
and
(c)
(ii)
state in the recommending medical provider's recommendation that the 
patient:
(i)
(A)
suffers from a qualifying condition, including the type of qualifying 
condition; and
(ii)
(B)
may benefit from treatment with cannabis in a medicinal dosage form or 
a cannabis product in a medicinal dosage form.
(5)
(a)
Except as provided in Subsection (5)(b) or (c), a medical cannabis card that the 
department issues under this section is valid for the lesser of:
(i)
an amount of time that the recommending medical provider determines; or
(ii)
one year from the day the card is issued.
(b)
(i)
A medical cannabis card that the department issues in relation to a terminal 
illness described in Section 
26B-4-203
 expires after one year.
(ii)
The recommending medical provider may revoke a recommendation that the 
provider made in relation to a terminal illness described in Section 
26B-4-203
 if 
the medical cannabis cardholder no longer has the terminal illness.
(c)
A medical cannabis card that the department issues in relation to acute pain as 
described in Section 
26B-4-203
 expires 30 days after the day on which the 
department first issues a conditional or full medical cannabis card.
(6)
(a)
A medical cannabis patient card or a medical cannabis guardian card is renewable 
if:
(i)
at the time of renewal, the cardholder meets the requirements of Subsection (2)(a) 
or (b); or
(ii)
the cardholder received the medical cannabis card through the recommendation of 
the Compassionate Use Board under Section 
26B-1-421
.
(b)
The recommending medical provider who made the underlying recommendation for 
the card of a cardholder described in Subsection (6)(a) may renew the cardholder's 
card through phone or video conference with the cardholder, at the recommending 
medical provider's discretion.
(c)
Before having access to a renewed card, a cardholder under Subsection (2)(a) or (b) 
shall pay to the department a renewal fee in an amount that:
(i)
subject to Subsection 
26B-1-310
(5), the department sets in accordance with 
Section 
63J-1-504
; and
(ii)
may not exceed the cost of the relatively lower administrative burden of renewal 
in comparison to the original application process.
(d)
If a minor meets the requirements of Subsection (2)(c), the minor's provisional 
patient card renews automatically at the time the minor's parent or legal guardian 
renews the parent or legal guardian's associated medical cannabis guardian card.
(7)
(a)
A cardholder under this section shall carry the cardholder's valid medical cannabis 
card with the patient's name.
(b)
(i)
A medical cannabis patient cardholder or a provisional patient cardholder may 
purchase, in accordance with this part and the recommendation underlying the 
card, cannabis in a medicinal dosage form, a cannabis product in a medicinal 
dosage form, or a medical cannabis device.
(ii)
A cardholder under this section may possess or transport, in accordance with this 
part and the recommendation underlying the card, cannabis in a medicinal dosage 
form, a cannabis product in a medicinal dosage form, or a medical cannabis 
device.
(iii)
To address the qualifying condition underlying the medical cannabis treatment 
recommendation:
(A)
a medical cannabis patient cardholder or a provisional patient cardholder may 
use medical cannabis or a medical cannabis device; and
(B)
a medical cannabis guardian cardholder may assist the associated provisional 
patient cardholder with the use of medical cannabis or a medical cannabis 
device.
(8)
(a)
The department may revoke a medical cannabis card that the department issues 
under this section if:
(i)
the recommending medical provider withdraws the medical provider's 
recommendation for medical cannabis; or
(ii)
the cardholder:
(A)
violates this part; or
(B)
is convicted under state or federal law of, after March 17, 2021, a drug 
distribution offense.
(b)
The department may not refuse to issue a medical cannabis card to a patient solely 
based on a prior revocation under Subsection (8)(a)(i).
(9)
The department shall establish by rule, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, a process to provide information regarding the 
following to an individual receiving a medical cannabis card:
(a)
risks associated with medical cannabis treatment;
(b)
the fact that a condition's listing as a qualifying condition does not suggest that 
medical cannabis treatment is an effective treatment or cure for that condition, as 
described in Subsection 
26B-4-203
(1); and
(c)
other relevant warnings and safety information that the department determines.
(10)
The department may establish procedures by rule, in accordance with Title 63G, 
Chapter 3, Utah Administrative Rulemaking Act, to implement the application and 
issuance provisions of this section.
(11)
(a)
The department shall establish by rule, in accordance with Title 63G, Chapter 3, 
Utah Administrative Rulemaking Act, a process to allow an individual from another 
state to register with the department in order to purchase medical cannabis or a 
medical cannabis device from a medical cannabis pharmacy while the individual is 
visiting the state.
(b)
The department may only provide the registration process described in Subsection 
(11)(a):
(i)
to a nonresident patient; and
(ii)
for no more than two visitation periods per calendar year of up to 21 calendar 
days per visitation period.
(12)
(a)
A person may submit to the department a request to conduct a research study 
using medical cannabis cardholder data that the state electronic verification system 
contains.
(b)
The department shall review a request described in Subsection (12)(a) to determine 
whether an institutional review board, as that term is defined in Section 
26B-4-201
, 
could approve the research study.
(c)
At the time an individual applies for a medical cannabis card, the department shall 
notify the individual:
(i)
of how the individual's information will be used as a cardholder;
(ii)
that by applying for a medical cannabis card, unless the individual withdraws 
consent under Subsection (12)(d), the individual consents to the use of the 
individual's information for external research; and
(iii)
that the individual may withdraw consent for the use of the individual's 
information for external research at any time, including at the time of application.
(d)
An applicant may, through the medical cannabis card application, and a medical 
cannabis cardholder may, through the state central patient portal, withdraw the 
applicant's or cardholder's consent to participate in external research at any time.
(e)
The department may release, for the purposes of a study described in this Subsection 
(12), information about a cardholder under this section who consents to participate 
under Subsection (12)(c).
(f)
If an individual withdraws consent under Subsection (12)(d), the withdrawal of 
consent:
(i)
applies to external research that is initiated after the withdrawal of consent; and
(ii)
does not apply to research that was initiated before the withdrawal of consent.
(g)
The department may establish standards for a medical research study's validity, by 
rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking 
Act.
(13)
The department shall record the issuance or revocation of a medical cannabis card 
under this section in the controlled substance database.
Section 13, Section 
26B-4-214
 is amended to read:
26B-4-214
. Medical cannabis caregiver card -- Registration -- Renewal -- 
Revocation.
(1)
(a)
A cardholder described in Section 
26B-4-213
 may designate, through the state 
central patient portal, up to two individuals, or an individual and a facility in 
accordance with Subsection (1)(b), to serve as a designated caregiver for the 
cardholder.
(b)
(i)
A cardholder described in Section 
26B-4-213
 may designate one of the 
following types of facilities as one of the caregivers described in Subsection (1)(a):
(A)
for a patient or resident, an assisted living facility, as that term is defined in 
Section 
26B-2-201
;
(B)
for a patient or resident, a nursing care facility, as that term is defined in 
Section 
26B-2-201
; or
(C)
for a patient, a general acute hospital, as that term is defined in Section 
26B-2-201
.
(ii)
A facility may:
(A)
assign one or more employees to assist patients with medical cannabis 
treatment under the caregiver designation described in this Subsection (1)(b); 
and
(B)
receive a medical cannabis shipment from a medical cannabis pharmacy or a 
medical cannabis courier on behalf of the medical cannabis cardholder within 
the facility who designated the facility as a caregiver.
(iii)
The department shall make rules to regulate the practice of facilities and facility 
employees serving as designated caregivers under this Subsection (1)(b).
(c)
A parent or legal guardian described in Subsection 
26B-4-213
(2)(d), in consultation 
with the minor and the minor's 
qualified medical provider
recommending medical 
provider
, may designate, through the state central patient portal, up to two individuals 
to serve as a designated caregiver for the minor, if the department determines that the 
parent or legal guardian is not eligible for a medical cannabis guardian card under 
Section 
26B-4-213
.
(d)
(i)
Upon the entry of a caregiver designation under Subsection (1)
(c)
 by a patient 
with a terminal illness described in Section 
26B-4-203
, the department shall issue 
to the designated caregiver an electronic conditional medical cannabis caregiver 
card, in accordance with this Subsection (1)(d).
(ii)
A conditional medical cannabis caregiver card is valid for the lesser of:
(A)
60 days; or
(B)
the day on which the department completes the department's review and issues 
a medical cannabis caregiver card under Subsection (1)(a), denies the patient's 
medical cannabis caregiver card application, or revokes the conditional 
medical cannabis caregiver card under 
26B-4-246
.
(iii)
The department may issue a conditional medical cannabis card to an individual 
applying for a medical cannabis patient card for which approval of the 
Compassionate Use Board is not required.
(iv)
An individual described in Subsection (1)(b)(iii) has the rights, restrictions, and 
obligations under law applicable to a holder of the medical cannabis card for 
which the individual applies and for which the department issues the conditional 
medical cannabis card.
(2)
An individual that the department registers as a designated caregiver under this section 
and a facility described in Subsection (1)(b):
(a)
for an individual designated caregiver, may carry a valid medical cannabis caregiver 
card;
(b)
in accordance with this part, may purchase, possess, transport, or assist the patient in 
the use of cannabis in a medicinal dosage form, a cannabis product in a medicinal 
dosage form, or a medical cannabis device on behalf of the designating medical 
cannabis cardholder;
(c)
may not charge a fee to an individual to act as the individual's designated caregiver 
or for a service that the designated caregiver provides in relation to the role as a 
designated caregiver; and
(d)
may accept reimbursement from the designating medical cannabis cardholder for 
direct costs the designated caregiver incurs for assisting with the designating 
cardholder's medicinal use of cannabis.
(3)
(a)
The department shall:
(i)
within 15 days after the day on which an individual submits an application in 
compliance with this section, issue a medical cannabis card to the applicant if the 
applicant:
(A)
is designated as a caregiver under Subsection (1);
(B)
is eligible for a medical cannabis caregiver card under Subsection (4); and
(C)
complies with this section; and
(ii)
notify the Department of Public Safety of each individual that the department 
registers as a designated caregiver.
(b)
The department shall ensure that a medical cannabis caregiver card contains the 
information described in Subsections (5)(b) and (3)(c)(i).
(c)
If a cardholder described in Section 
26B-4-213
 designates an individual as a 
caregiver who already holds a medical cannabis caregiver card, the individual with 
the medical cannabis caregiver card:
(i)
shall report to the department the information required of applicants under 
Subsection (5)(b) regarding the new designation;
(ii)
if the individual makes the report described in Subsection (3)(c)(i), is not required 
to file an application for another medical cannabis caregiver card;
(iii)
may receive an additional medical cannabis caregiver card in relation to each 
additional medical cannabis patient who designates the caregiver; and
(iv)
is not subject to an additional background check.
(4)
An individual is eligible for a medical cannabis caregiver card if the individual:
(a)
is at least 21 years old;
(b)
is a Utah resident;
(c)
pays to the department a fee in an amount that, subject to Subsection 
26B-1-310
(5), 
the department sets in accordance with Section 
63J-1-504
, plus the cost of the 
criminal background check described in Section 
26B-4-215
;
(d)
signs an acknowledgment stating that the applicant received the information 
described in Subsection 
26B-4-213
(9) .
(5)
An eligible applicant for a medical cannabis caregiver card shall:
(a)
submit an application for a medical cannabis caregiver card to the department 
through an electronic application connected to the state electronic verification 
system; and
(b)
submit the following information in the application described in Subsection (5)(a):
(i)
the applicant's name, gender, age, and address;
(ii)
the name, gender, age, and address of the cardholder described in Section 
26B-4-213
 who designated the applicant;
(iii)
if a medical cannabis guardian cardholder designated the caregiver, the name, 
gender, and age of the minor receiving a medical cannabis treatment in relation to 
the medical cannabis guardian cardholder; and
(iv)
any additional information that the department requests to assist in matching the 
application with the designating medical cannabis patient.
(6)
Except as provided in Subsection (6)(b), a medical cannabis caregiver card that the 
department issues under this section is valid for the lesser of:
(a)
an amount of time that the cardholder described in Section 
26B-4-213
 who 
designated the caregiver determines; or
(b)
the amount of time remaining before the card of the cardholder described in Section 
26B-4-213
 expires.
(7)
(a)
If a designated caregiver meets the requirements of Subsection (4), the designated 
caregiver's medical cannabis caregiver card renews automatically at the time the 
cardholder described in Section 
26B-4-213
 who designated the caregiver:
(i)
renews the cardholder's card; and
(ii)
renews the caregiver's designation, in accordance with Subsection (7)(b).
(b)
The department shall provide a method in the card renewal process to allow a 
cardholder described in Section 
26B-4-213
 who has designated a caregiver to:
(i)
signify that the cardholder renews the caregiver's designation;
(ii)
remove a caregiver's designation; or
(iii)
designate a new caregiver.
(8)
The department shall record the issuance or revocation of a medical cannabis card under 
this section in the controlled substance database.
Section 14, Section 
26B-4-231
 is amended to read:
26B-4-231
. Partial filling -- Pharmacy medical provider directions of use.
(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.
(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 
4-41a-1102
(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 
4-41a-1102
(5) or (6); 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.
(5)
If a recommending medical provider recommends treatment with medical cannabis but 
wishes for the pharmacy medical provider to determine directions of use and dosing 
guidelines:
(a)
the recommending medical provider shall provide to the pharmacy medical provider, 
either through the state electronic verification system or through a medical cannabis 
pharmacy's recording of a recommendation under the order of a 
limited medical 
provider
recommending medical provider
, any of the following information that the 
recommending medical provider feels would be needed to provide appropriate 
directions of use and dosing guidelines:
(i)
information regarding the qualifying condition underlying the recommendation;
(ii)
information regarding prior treatment attempts with medical cannabis; and
(iii)
portions of the patient's current medication list; and
(b)
before the relevant medical cannabis cardholder may obtain medical cannabis, the 
pharmacy medical provider shall:
(i)
review pertinent medical records, including the recommending medical provider 
documentation described in Subsection (5)(a); and
(ii)
after completing the review described in Subsection (5)(b)(i) and consulting with 
the recommending medical provider as needed, determine the best course of 
treatment through consultation with the cardholder regarding:
(A)
the patient's qualifying condition underlying the recommendation from the 
recommending medical provider;
(B)
indications for available treatments;
(C)
directions of use and dosing guidelines; and
(D)
potential adverse reactions.
Section 15, Section 
26B-4-245
 is amended to read:
26B-4-245
. Purchasing and use limitations.
(1)
An individual with a medical cannabis card:
(a)
may purchase, in any one 28-day period, up to the legal dosage limit of:
(i)
unprocessed cannabis in a medicinal dosage form; and
(ii)
a cannabis product in a medicinal dosage form;
(b)
may not purchase:
(i)
except as provided in Subsection 
(2)
, more medical cannabis than described in 
Subsection (1)(a); or
(ii)
if the relevant recommending medical provider did not recommend directions of 
use and dosing guidelines, until the individual consults with the pharmacy medical 
provider in accordance with Subsection 
26B-4-231
(5), any medical cannabis; and
(c)
may not use a route of administration that the relevant recommending medical 
provider or the pharmacy medical provider, in accordance with Subsection 
26B-4-231
(5), has not recommended.
(2)
(a)
A 
qualified medical provider
recommending medical provider
 may petition the 
department to waive the 28-day period limit described in Subsection (1)(a) for a 
medical cannabis cardholder if the medical cannabis cardholder:
(i)
has been diagnosed with a terminal illness;
(ii)
has a life expectancy of six months or less; and
(iii)
needs the waiver for palliative purposes.
(b)
The department shall:
(i)
consult with the Compassionate Use Board to determine whether the waiver 
should be granted;
(ii)
issue a response to the petition within 10 days from the day on which the petition 
is received.
(c)
The department may waive the 28-day period limit for no more than 180 days.
(d)
A petition described in this Subsection (2) may be combined with the petition 
described in Subsection 
26B-1-421(6)
.
Section 16, Section 
53B-17-903
 is amended to read:
53B-17-903
. Education in pain treatment.
The University of Utah School of Medicine shall ensure that any licensed physicians 
who oversee fellowship training to specialize in pain treatment are 
qualified medical providers
recommending medical providers
, as that term is defined in Section 
26B-4-201
.
Section 17, Section 
58-1-513
 is enacted to read:
58-1-513
. Recommending medical provider cannabis advertisement -- Payment 
restriction -- Unprofessional conduct.
(1)
As used in this section:
(a)
"Recommending medical provider" means the same as that term is defined in Section 
26B-4-201
.
(b)
"Targeted marketing" means the same as that term is defined in Section 
26B-4-201
.
(2)
(a)
Except as provided in Subsections (2)(b) and (c), a person may not advertise that 
the person or the person's employee recommends a medical cannabis treatment.
(b)
Notwithstanding Subsection (2)(a) and Section 
4-41a-109
, a recommending medical 
provider, medical clinic, or medical office that employs a recommending medical 
provider may advertise only the following:
(i)
a green cross;
(ii)
the provider's or clinic's name and logo;
(iii)
a qualifying condition that the individual treats;
(iv)
that the recommending medical provider, medical clinic, or medical office 
evaluates patients for medical cannabis recommendations;
(v)
a scientific study regarding medical cannabis use; or
(vi)
contact information.
(c)
Notwithstanding Subsection (2)(a) and Section 
4-41a-109
, a recommending medical 
provider, medical clinic, or medical office that employs a recommending medical 
provider may engage in targeted marketing, as determined by the Department of 
Health and Human Services through rule, for advertising medical cannabis 
recommendation services.
(3)
(a)
A recommending medical provider may not:
(i)
receive any compensation or benefit for the recommending medical provider's 
medical cannabis treatment recommendation from:
(A)
a cannabis production establishment or an owner, officer, director, board 
member, employee, or agent of a cannabis production establishment;
(B)
a medical cannabis pharmacy or an owner, officer, director, board member, 
employee, or agent of a medical cannabis pharmacy; or
(C)
a recommending medical provider or pharmacy medical provider; or
(ii)
provide a medical cannabis recommendation at a medical clinic or medical office 
that is violating the advertising limitations described in Subsection (2).
(b)
A violation of Subsection 
(3)
(a) is unprofessional conduct.
Section 18, Section 
58-5a-102
 is amended to read:
58-5a-102
. Definitions.
In addition to the definitions under Section 
58-1-102
, as used in this chapter:
(1)
"Assisted living facility" means the same as that term is defined in Section 
26B-2-201
.
(2)
"Board" means the Podiatric Physician Board created in Section 
58-5a-201
.
(3)
"Indirect supervision" means the same as that term is defined by the division by rule 
made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act.
(4)
"Medical assistant" means an unlicensed individual working under the indirect 
supervision of a licensed podiatric physician and engaging in specific tasks assigned by 
the licensed podiatric physician in accordance with the standards and ethics of the 
podiatry profession.
(5)
"Practice of podiatry" means, subject to Section 
58-5a-103
, the diagnosis and treatment 
of conditions affecting the human foot and ankle and their manifestations of systemic 
conditions, and wound debridement on the limbs and torso, by all appropriate and lawful 
means.
(6)
"Unlawful conduct" includes:
(a)
the conduct that constitutes unlawful conduct under Section 
58-1-501
; and
(b)
for an individual who is not licensed under this chapter:
(i)
using the title or name podiatric physician, podiatrist, podiatric surgeon, foot 
doctor, foot specialist, or D.P.M.; or
(ii)
implying or representing that the individual is qualified to practice podiatry.
(7)
(a)
"Unprofessional conduct" includes, for an individual licensed under this chapter:
(i)
the conduct that constitutes unprofessional conduct under Section 
58-1-501
;
(ii)
communicating to a third party, without the consent of the patient, information 
the individual acquires in treating the patient, except as necessary for professional 
consultation regarding treatment of the patient;
(iii)
allowing the individual's name or license to be used by an individual who is not 
licensed to practice podiatry under this chapter;
(iv)
except as described in Section 
58-5a-306
, employing, directly or indirectly, any 
unlicensed individual to practice podiatry;
(v)
using alcohol or drugs, to the extent the individual's use of alcohol or drugs 
impairs the individual's ability to practice podiatry;
(vi)
unlawfully prescribing, selling, or giving away any prescription drug, including 
controlled substances, as defined in Section 
58-37-2
;
(vii)
gross incompetency in the practice of podiatry;
(viii)
willfully and intentionally making a false statement or entry in hospital records, 
medical records, or reports;
(ix)
willfully making a false statement in reports or claim forms to governmental 
agencies or insurance companies with the intent to secure payment not rightfully 
due;
(x)
willfully using false or fraudulent advertising;
(xi)
conduct the division defines as unprofessional conduct by rule made in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act;
(xii)
falsely making an entry in, or altering, a medical record with the intent to 
conceal:
(A)
a wrongful or negligent act or omission of an individual licensed under this 
chapter or an individual under the direction or control of an individual licensed 
under this chapter; or
(B)
conduct described in Subsections (7)(a)(i) through (xi) or Subsection 
58-1-501
(1); or
(xiii)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid 
Research and Medical Cannabis.
(b)
"Unprofessional conduct" does not include, in accordance with Title 26B, Chapter 4, 
Part 2, Cannabinoid Research and Medical Cannabis, when 
registered as a qualified 
medical provider or acting as a limited medical provider, as those terms are
acting as 
a recommending medical provider, as that term is
 defined in Section 
26B-4-201
, 
recommending the use of medical cannabis within the scope of 
a
 practice of 
podiatry.
Section 19, Section 
58-31b-305
 is amended to read:
58-31b-305
. Term of license -- Expiration -- Renewal.
(1)
(a)
The division shall issue each license or certification under this chapter in 
accordance with a two-year renewal cycle established by rule.
(b)
The division may by rule extend or shorten a renewal period by as much as one year 
to stagger the renewal cycles the division administers.
(2)
The division shall renew the license of a licensee who, at the time of renewal:
(a)
completes and submits an application for renewal in a form prescribed by the 
division;
(b)
pays a renewal fee established by the division under Section 
63J-1-504
;
(c)
views a suicide prevention video described in Section 
58-1-601
 and submits proof in 
the form required by the division; and
(d)
meets continuing competency requirements as established by rule.
(3)
In addition to the renewal requirements under Subsection 
(2)
, a person licensed as an 
advanced practice registered nurse shall be currently certified by a program approved by 
the division in collaboration with the board and submit evidence satisfactory to the 
division of that qualification or if licensed prior to July 1, 1992, meet the requirements 
established by rule.
(4)
In addition to the requirements described in Subsections 
(2)
 and 
(3)
, an advanced 
practice registered nurse licensee specializing in psychiatric mental health nursing who, 
as of the day on which the division originally issued the licensee's license had not 
completed the division's clinical practice requirements in psychiatric and mental health 
nursing, shall, to qualify for renewal:
(a)
if renewing less than two years after the day on which the division originally issued 
the license, demonstrate satisfactory progress toward completing the clinical practice 
requirements; or
(b)
have completed the clinical practice requirements.
(5)
Each license or certification automatically expires on the expiration date shown on the 
license or certification unless renewed in accordance with Section 
58-1-308
.
(6)
The division shall accept and apply toward an hour requirement that the division 
establishes under Subsection 
(2)(d)
continuing
 education that an advanced practice 
registered nurse completes in accordance with Section 
26B-4-204
.
Section 20, Section 
58-31b-502
 is amended to read:
58-31b-502
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes:
(a)
failure to safeguard a patient's right to privacy as to the patient's person, condition, 
diagnosis, personal effects, or any other matter about which the licensee is privileged 
to know because of the licensee's or person with a certification's position or practice 
as a nurse or practice as a medication aide certified;
(b)
failure to provide nursing service or service as a medication aide certified in a 
manner that demonstrates respect for the patient's human dignity and unique personal 
character and needs without regard to the patient's race, religion, ethnic background, 
socioeconomic status, age, sex, or the nature of the patient's health problem;
(c)
engaging in sexual relations with a patient during any:
(i)
period when a generally recognized professional relationship exists between the 
person licensed or certified under this chapter and the patient; or
(ii)
extended period when a patient has reasonable cause to believe a professional 
relationship exists between the person licensed or certified under the provisions of 
this chapter and the patient;
(d)
(i)
as a result of any circumstance under Subsection (1)(c), exploiting or using 
information about a patient or exploiting the licensee's or the person with a 
certification's professional relationship between the licensee or holder of a 
certification under this chapter and the patient; or
(ii)
exploiting the patient by use of the licensee's or person with a certification's 
knowledge of the patient obtained while acting as a nurse or a medication aide 
certified;
(e)
unlawfully obtaining, possessing, or using any prescription drug or illicit drug;
(f)
unauthorized taking or personal use of nursing supplies from an employer;
(g)
unauthorized taking or personal use of a patient's personal property;
(h)
unlawful or inappropriate delegation of nursing care;
(i)
failure to exercise appropriate supervision of persons providing patient care services 
under supervision of the licensed nurse;
(j)
employing or aiding and abetting the employment of an unqualified or unlicensed 
person to practice as a nurse;
(k)
failure to file or record any medical report as required by law, impeding or 
obstructing the filing or recording of such a report, or inducing another to fail to file 
or record such a report;
(l)
breach of a statutory, common law, regulatory, or ethical requirement of 
confidentiality with respect to a person who is a patient, unless ordered by a court;
(m)
failure to pay a penalty imposed by the division;
(n)
violating Section 
58-31b-801
;
(o)
violating the dispensing requirements of Section 
58-17b-309
 or Chapter 17b, Part 8, 
Dispensing Medical Practitioner and Dispensing Medical Practitioner Clinic 
Pharmacy, if applicable;
(p)
performing or inducing an abortion in violation of the requirements of Section 
76-7-302
 or Section 
76-7a-201
, regardless of whether the person licensed or certified 
under the provisions of this chapter is found guilty of a crime in connection with the 
violation;
(q)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this 
chapter or an individual under the direction or control of an individual licensed 
under this chapter; or
(ii)
conduct described in Subsections (1)(a) through (n) or Subsection 
58-1-501
(1);
(r)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and 
Medical Cannabis; or
(s)
for an advance practice registered nurse, designating a child as do not resuscitate 
without parental consent.
(2)
"Unprofessional conduct" does not include, in accordance with Title 26B, Chapter 4, 
Part 2, Cannabinoid Research and Medical Cannabis, when 
registered as a 
qualified 
medical provider
, or acting as a limited medical provider, as those terms are
acting as a 
recommending medical provider, as that term is
 defined in Section 
26B-4-201
, 
recommending the use of medical cannabis.
(3)
Notwithstanding Subsection (2), the division, in consultation with the board and in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall 
define unprofessional conduct for an advanced practice registered nurse described in 
Subsection (2).
Section 21, Section 
58-67-304
 is amended to read:
58-67-304
. License renewal requirements.
(1)
As a condition precedent for license renewal, each licensee shall, during each two-year 
licensure cycle or other cycle defined by division rule:
(a)
complete qualified continuing professional education requirements in accordance 
with the number of hours and standards defined by division rule made in 
collaboration with the board;
(b)
appoint a contact person for access to medical records and an alternate contact 
person for access to medical records in accordance with Subsection 
58-67-302(1)(i)
;
(c)
if the licensee practices medicine in a location with no other persons licensed under 
this chapter, provide some method of notice to the licensee's patients of the identity 
and location of the contact person and alternate contact person for the licensee; and
(d)
if the licensee is an associate physician licensed under Section 
58-67-302.8
, 
successfully complete the educational methods and programs described in Subsection 
58-67-807(4)
.
(2)
If a renewal period is extended or shortened under Section 
58-67-303
, the continuing 
education hours required for license renewal under this section are increased or 
decreased proportionally.
(3)
(a)
An application to renew a license under this chapter shall:
(i)
require a physician to answer the following question: "Do you perform elective 
abortions in Utah in a location other than a hospital?"; and
(ii)
immediately following the question, contain the following statement: "For 
purposes of the immediately preceding question, elective abortion means an 
abortion other than one of the following: removal of a dead fetus, removal of an 
ectopic pregnancy, an abortion that is necessary to avert the death of a woman, an 
abortion that is necessary to avert a serious physical risk of substantial impairment 
of a major bodily function of a woman, an abortion of a fetus that has a defect that 
is uniformly diagnosable and uniformly lethal, or an abortion where the woman is 
pregnant as a result of rape or incest."
(b)
The statement in Subsection 
(3)(a)(ii)
 shall be modified, if necessary, to ensure 
compliance with the definitions and requirements of 
Title 76, Chapter 7, Part 3, 
Abortion
, and 
Title 76, Chapter 7a, Abortion Prohibition
.
(4)
In order to assist the Department of Health and Human Services in fulfilling the 
department's responsibilities relating to the licensing of a health care facility and the 
enforcement of 
Title 76, Chapter 7, Part 3, Abortion
, and 
Title 76, Chapter 7a, Abortion 
Prohibition
, if a physician responds positively to the question described in Subsection 
(3)(a)(i)
 the division shall, within 30 days after the day on which the division renews the 
physician's license under this chapter, inform the Department of Health and Human 
Services in writing:
(a)
of the name and business address of the physician; and
(b)
that the physician responded positively to the question described in Subsection 
(3)(a)(i)
.
(5)
The division shall accept and apply toward the hour requirement in Subsection 
(1)(a)
any continuing education that a physician completes in accordance with 
Sections 
26B-4-204
 and
Section
26B-4-219
.
Section 22, Section 
58-67-502
 is amended to read:
58-67-502
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
:
(a)
using or employing the services of any individual to assist a licensee in any manner 
not in accordance with the generally recognized practices, standards, or ethics of the 
profession, state law, or division rule;
(b)
making a material misrepresentation regarding the qualifications for licensure under 
Section 
58-67-302.7
 or 
58-67-302.8
;
(c)
violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical 
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(d)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and 
Medical Cannabis;
(e)
performing or inducing an abortion in violation of the requirements of Section 
76-7-302
 or Section 
76-7a-201
, regardless of whether the individual licensed under 
this chapter is found guilty of a crime in connection with the violation;
(f)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this 
chapter or an individual under the direction or control of an individual licensed 
under this chapter; or
(ii)
conduct described in Subsections (1)(a) through (e) or Subsection 
58-1-501
(1);
(g)
performing, or causing to be performed, upon an individual who is less than 18 years 
old:
(i)
a primary sex characteristic surgical procedure; or
(ii)
a secondary sex characteristic surgical procedure; or
(h)
designating a child as do not resuscitate without parental consent.
(2)
"Unprofessional conduct" does not include:
(a)
in compliance with Section 
58-85-103
:
(i)
obtaining an investigational drug or investigational device;
(ii)
administering the investigational drug to an eligible patient; or
(iii)
treating an eligible patient with the investigational drug or investigational device; 
or
(b)
in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical 
Cannabis:
(i)
when 
registered as a qualified medical provider or acting as a limited medical 
provider, as those terms are 
acting as a recommending medical provider, as that 
term is 
defined in Section 
26B-4-201
, recommending the use of medical cannabis; 
or
(ii)
when registered as a pharmacy medical provider, as that term is defined in 
Section 
26B-4-201
, providing pharmacy medical provider services in a medical 
cannabis pharmacy.
(3)
Notwithstanding Subsection (2)(b), the division, in consultation with the board and in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall 
define unprofessional conduct for a physician described in Subsection (2)(b).
Section 23, Section 
58-68-304
 is amended to read:
58-68-304
. License renewal requirements.
(1)
As a condition precedent for license renewal, each licensee shall, during each two-year 
licensure cycle or other cycle defined by division rule:
(a)
complete qualified continuing professional education requirements in accordance 
with the number of hours and standards defined by division rule in collaboration with 
the board;
(b)
appoint a contact person for access to medical records and an alternate contact 
person for access to medical records in accordance with Subsection 
58-68-302(1)(i)
;
(c)
if the licensee practices osteopathic medicine in a location with no other persons 
licensed under this chapter, provide some method of notice to the licensee's patients 
of the identity and location of the contact person and alternate contact person for 
access to medical records for the licensee in accordance with Subsection 
58-68-302(1)(j)
; and
(d)
if the licensee is an associate physician licensed under Section 
58-68-302.5
, 
successfully complete the educational methods and programs described in Subsection 
58-68-807(4)
.
(2)
If a renewal period is extended or shortened under Section 
58-68-303
, the continuing 
education hours required for license renewal under this section are increased or 
decreased proportionally.
(3)
(a)
An application to renew a license under this chapter shall:
(i)
require a physician to answer the following question: "Do you perform elective 
abortions in Utah in a location other than a hospital?"; and
(ii)
immediately following the question, contain the following statement: "For 
purposes of the immediately preceding question, elective abortion means an 
abortion other than one of the following: removal of a dead fetus, removal of an 
ectopic pregnancy, an abortion that is necessary to avert the death of a woman, an 
abortion that is necessary to avert a serious physical risk of substantial impairment 
of a major bodily function of a woman, an abortion of a fetus that has a defect that 
is uniformly diagnosable and uniformly lethal, or an abortion where the woman is 
pregnant as a result of rape or incest."
(b)
The statement in Subsection 
(3)(a)(ii)
 shall be modified, if necessary, to ensure 
compliance with the definitions and requirements of 
Title 76, Chapter 7, Part 3, 
Abortion
, and 
Title 76, Chapter 7a, Abortion Prohibition
.
(4)
In order to assist the Department of Health and Human Services in fulfilling the 
department's responsibilities relating to the licensing of a health care facility and the 
enforcement of 
Title 76, Chapter 7, Part 3, Abortion
, and 
Title 76, Chapter 7a, Abortion 
Prohibition
, if a physician responds positively to the question described in Subsection 
(3)(a)(i)
, the division shall, within 30 days after the day on which it renews the 
physician's license under this chapter, inform the Department of Health and Human 
Services in writing:
(a)
of the name and business address of the physician; and
(b)
that the physician responded positively to the question described in Subsection 
(3)(a)(i)
.
(5)
The division shall accept and apply toward the hour requirement in Subsection 
(1)(a)
any continuing education that a physician completes in accordance with 
Sections 
26B-4-204
 and
Section
26B-4-219
.
Section 24, Section 
58-68-502
 is amended to read:
58-68-502
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes, in addition to the definition in Section 
58-1-501
:
(a)
using or employing the services of any individual to assist a licensee in any manner 
not in accordance with the generally recognized practices, standards, or ethics of the 
profession, state law, or division rule;
(b)
violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical 
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(c)
making a material misrepresentation regarding the qualifications for licensure under 
Section 
58-68-302.5
;
(d)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and 
Medical Cannabis; 
(e)
performing or inducing an abortion in violation of the requirements of Section 
76-7-302
 or Section 
76-7a-201
, regardless of whether the individual licensed under 
this chapter is found guilty of a crime in connection with the violation;
(f)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this 
chapter or an individual under the direction or control of an individual licensed 
under this chapter; or
(ii)
conduct described in Subsections (1)(a) through (e) or Subsection 
58-1-501
(1);
(g)
performing or causing to be performed, upon an individual who is less than 18 years 
old:
(i)
a primary sex characteristic surgical procedure; or
(ii)
a secondary sex characteristic surgical procedure; or
(h)
designating a child as do not resuscitate without parental consent.
(2)
"Unprofessional conduct" does not include:
(a)
in compliance with Section 
58-85-103
:
(i)
obtaining an investigational drug or investigational device;
(ii)
administering the investigational drug to an eligible patient; or
(iii)
treating an eligible patient with the investigational drug or investigational device; 
or
(b)
in accordance with Title 26B, Chapter 4, Part 2, Cannabinoid Research and Medical 
Cannabis:
(i)
when 
registered as a 
qualified medical provider
 or acting as a limited medical 
provider, as those terms are
acting as a recommending medical provider, as that 
term is
 defined in Section 
26B-4-201
, recommending the use of medical cannabis; 
or
(ii)
when registered as a pharmacy medical provider, as that term is defined in 
Section 
26B-4-201
, providing pharmacy medical provider services in a medical 
cannabis pharmacy.
(3)
Notwithstanding Subsection (2)(b), the division, in consultation with the board and in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall 
define unprofessional conduct for a physician described in Subsection (2)(b).
Section 25, Section 
58-70a-303
 is amended to read:
58-70a-303
. Term of license -- Expiration -- Renewal.
(1)
(a)
The division shall issue each license under this chapter in accordance with a 
two-year renewal cycle established by division rule.
(b)
The division may by rule extend or shorten a renewal period by as much as one year 
to stagger the renewal cycles it administers.
(2)
At the time of renewal, the licensee shall show compliance with continuing education 
renewal requirements.
(3)
Each license issued under this chapter expires on the expiration date shown on the 
license unless renewed in accordance with Section 
58-1-308
.
(4)
The division shall accept and apply toward an hour requirement that the division 
establishes under Subsection 
(2)
continuing
 education that a physician assistant 
completes in accordance with Section 
26B-4-204
.
Section 26, Section 
58-70a-503
 is amended to read:
58-70a-503
. Unprofessional conduct.
(1)
"Unprofessional conduct" includes:
(a)
violation of a patient confidence to any person who does not have a legal right and a 
professional need to know the information concerning the patient;
(b)
knowingly prescribing, selling, giving away, or directly or indirectly administering, 
or offering to prescribe, sell, furnish, give away, or administer any prescription drug 
except for a legitimate medical purpose upon a proper diagnosis indicating use of that 
drug in the amounts prescribed or provided;
(c)
prescribing prescription drugs for oneself or administering prescription drugs to 
oneself, except those that have been legally prescribed for the physician assistant by a 
licensed practitioner and that are used in accordance with the prescription order for 
the condition diagnosed;
(d)
in a practice that has physician assistant ownership interests, failure to allow a 
physician the independent final decision making authority on treatment decisions for 
the physician's patient;
(e)
violating the dispensing requirements of Chapter 17b, Part 8, Dispensing Medical 
Practitioner and Dispensing Medical Practitioner Clinic Pharmacy, if applicable;
(f)
falsely making an entry in, or altering, a medical record with the intent to conceal:
(i)
a wrongful or negligent act or omission of an individual licensed under this 
chapter or an individual under the direction or control of an individual licensed 
under this chapter; or
(ii)
conduct described in Subsections (1)(a) through (e) or Subsection 
58-1-501
(1);
(g)
violating the requirements of Title 26B, Chapter 4, Part 2, Cannabinoid Research and 
Medical Cannabis; or
(h)
designating a child as do not resuscitate without parental consent.
(2)
(a)
"Unprofessional conduct" does not include, in accordance with Title 26B, Chapter 
4, Part 2, Cannabinoid Research and Medical Cannabis, when 
registered as a 
qualified medical provider
 or acting as a limited medical provider, as those terms are
acting as a recommending medical provider, as that term is
 defined in Section 
26B-4-201
, recommending the use of medical cannabis.
(b)
Notwithstanding Subsection (2)(a), the division, in consultation with the board and in 
accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, shall 
define unprofessional conduct for a physician assistant described in Subsection (2)(a).
Section 27, Section 
80-4-109
 is amended to read:
80-4-109
. Consideration of cannabis during proceedings.
(1)
As used in this section:
(a)
"Cannabis" means the same as that term is defined in Section 
26B-4-201
.
(b)
"Cannabis product" means the same as that term is defined in Section 
26B-4-201
.
(c)
(i)
"Chronic" means repeated or patterned.
(ii)
"Chronic" does not mean an isolated incident.
(d)
"Directions of use" means the same as that term is defined in Section 
26B-4-201
.
(e)
"Dosing guidelines" means the same as that term is defined in Section 
26B-4-201
.
(f)
"Medical cannabis" means the same as that term is defined in Section 
26B-4-201
.
(g)
"Medical cannabis cardholder" means the same as that term is defined in Section 
26B-4-201
.
(h)
"
Qualified
Recommending
 medical provider" means the same as that term is 
defined in Section 
26B-4-201
.
(2)
In a proceeding under this chapter in which the juvenile court makes a finding, 
determination, or otherwise considers an individual's possession or use of medical 
cannabis, a cannabis product, or a medical cannabis device, the juvenile court may not 
consider or treat the individual's possession or use any differently than the lawful 
possession or use of any prescribed controlled substance if:
(a)
the individual's possession or use complies with 
Title 4, Chapter 41a, Cannabis 
Production Establishments and Pharmacies
;
(b)
the individual's possession or use complies with Subsection 
58-37-3.7(2)
 or 
(3)
; or
(c)
(i)
the individual's possession or use complies with 
Title 26B, Chapter 4, Part 2, 
Cannabinoid Research and Medical Cannabis
; and
(ii)
the individual reasonably complies with the directions of use and dosing 
guidelines determined by the individual's 
qualified medical provider
recommending medical provider
 or through a consultation described in Subsection 
26B-4-230(5)
26B-4-231(5)
.
(3)
In a proceeding under this chapter, a parent's or guardian's use of cannabis or a cannabis 
product is not abuse or neglect of a child unless there is evidence showing that:
(a)
the child is harmed because of the child's inhalation or ingestion of cannabis, or 
because of cannabis being introduced to the child's body in another manner; or
(b)
the child is at an unreasonable risk of harm because of chronic inhalation or 
ingestion of cannabis or chronic introduction of cannabis to the child's body in 
another manner.
(4)
Unless there is harm or an unreasonable risk of harm to the child as described in 
Subsection 
(3)
, a parent's or guardian's use of medical cannabis or a cannabis product is 
not contrary to the best interests of a child if:
(a)
for a medical cannabis cardholder after January 1, 2021, the parent's or guardian's 
possession or use complies with 
Title 26B, Chapter 4, Part 2, Cannabinoid Research 
and Medical Cannabis
, and there is no evidence that the parent's or guardian's use of 
medical cannabis unreasonably deviates from the directions of use and dosing 
guidelines determined by the parent's or guardian's 
qualified medical provider
recommending medical provider
 or through a consultation described in Subsection 
26B-4-230(5)
26B-4-231(5)
; or
(b)
before January 1, 2021, the parent's or guardian's possession or use complies with 
Subsection 
58-37-3.7(2)
 or 
(3)
.
(5)
Subsection 
(3)
 does not prohibit a finding of abuse or neglect of a child and Subsection 
(3)
 does not prohibit a finding that a parent's or guardian's use of medical cannabis or a 
cannabis product is contrary to the best interests of a child, if there is evidence showing 
a nexus between the parent's or guardian's use of cannabis or a cannabis product and 
behavior that would separately constitute abuse or neglect of the child.
Section 28. 
Effective Date.
This bill takes effect on 
July 1, 2025
.
3-12-25 10:32 AM