Section 403 – Pharmacy medical providers — Registration — Continuing education.

• (1)
  • (a) A medical cannabis pharmacy:
    • (i) shall employ a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, as a pharmacy medical provider;
    • (ii) 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;
    • (iii) shall ensure that a pharmacy medical provider described in Subsection (1)(a)(i) works onsite during all business hours; and
    • (iv) shall designate one pharmacy medical provider described in Subsection (1)(a)(i) as the pharmacist-in-charge to oversee the operation of and generally supervise the medical cannabis pharmacy.
  • (b) An individual may not serve as a pharmacy medical provider unless the department registers the individual as a pharmacy medical provider in accordance with Subsection (2).

• (2)
  • (a) The department shall, within 15 days after the day on which the department receives an application from a medical cannabis pharmacy on behalf of a prospective pharmacy medical provider, register and issue a pharmacy medical provider registration card to the prospective pharmacy medical provider if the medical cannabis pharmacy:
    • (i) provides to the department:
      • (A) the prospective pharmacy medical provider’s name and address;
      • (B) the name and location of the licensed medical cannabis pharmacy where the prospective pharmacy medical provider seeks to act as a pharmacy medical provider;
      • (C) a report detailing the completion of the continuing education requirement described in Subsection (3); and
      • (D) evidence that the prospective pharmacy medical provider is a pharmacist who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, or 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; and
    • (ii) pays a fee to the department in an amount that, subject to Subsection 26-61a-109(5), the department sets in accordance with Section 63J-1-504.
  • (b) The department may not register a recommending medical provider or a state central patient portal medical provider as a pharmacy medical provider.

• (3)
  • (a) A pharmacy medical provider shall complete the continuing education described in this Subsection (3) in the following amounts:
    • (i) as a condition precedent to registration, four hours; and
    • (ii) as a condition precedent to renewal of the registration, four hours every two years.
  • (b) In accordance with Subsection (3)(a), the pharmacy medical provider shall:
    • (i) complete continuing education:
      • (A) regarding the topics described in Subsection (3)(d); and
      • (B) offered by the department under Subsection (3)(c) or an accredited or approved continuing education provider that the department recognizes as offering continuing education appropriate for the medical cannabis pharmacy practice; and
    • (ii) make a continuing education report to the department in accordance with a process that the department establishes by rule, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, and in collaboration with the Division of Professional Licensing and:
      • (A) for a pharmacy medical provider who is licensed under Title 58, Chapter 17b, Pharmacy Practice Act, the Board of Pharmacy;
      • (B) for a pharmacy medical provider licensed under Title 58, Chapter 67, Utah Medical Practice Act, the Physicians Licensing Board; and
      • (C) for a pharmacy medical provider licensed under Title 58, Chapter 68, Utah Osteopathic Medical Practice Act, the Osteopathic Physician and Surgeon’s Licensing Board.
  • (c) The department may, in consultation with the Division of Professional Licensing, develop the continuing education described in this Subsection (3).
  • (d) The continuing education described in this Subsection (3) may discuss:
    • (i) the provisions of this chapter;
    • (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, and palliative care; or
    • (v) best practices for recommending the form and dosage of a medical cannabis product based on the qualifying condition underlying a medical cannabis recommendation.

• (4)
  • (a) A pharmacy medical provider registration card expires two years after the day on which the department issues or renews the card.
  • (b) A pharmacy medical provider may renew the provider’s registration card if the provider:
    • (i) is eligible for a pharmacy medical provider registration card under this section;
    • (ii) certifies to the department in a renewal application that the information in Subsection (2)(a) is accurate or updates the information;
    • (iii) submits a report detailing the completion of the continuing education requirement described in Subsection (3); and
    • (iv) pays to the department a renewal fee in an amount that:
      • (A) subject to Subsection 26-61a-109(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.

• (5)
  • (a) Except as provided in Subsection (5)(b), a person may not advertise that the person or another person dispenses medical cannabis.
  • (b) Notwithstanding Subsection (5)(a) and subject to Section 26-61a-116, a registered pharmacy medical provider may advertise the following:
    • (i) a green cross;
    • (ii) that the person is registered as a pharmacy medical provider and dispenses medical cannabis; or
    • (iii) a scientific study regarding medical cannabis use.

Amended by Chapter 415, 2022 General Session
Amended by Chapter 452, 2022 General Session