Ala. Admin. Code r. 540-X-25-.09

Current through Register Vol. 43, No. 3, December 31, 2024

Section 540-X-25-.09 - Limitations Upon Registered Certifying Physicians

(1) Except for the limited purpose of performing a medical cannabis-related study, a registered certifying physician shall not accept, solicit, or offer any form of remuneration from or to a qualified patient, designated caregiver, or any licensee of the AMCC, including a principal officer, board member, agent, or employee of the licensee, to certify a patient, other than accepting payment from a patient for a fee, not to exceed that which is customarily charged in the locality for physician services, associated with the examination, medical consultation, or other treatment, including, but not limited to, any third party reimbursement for the same.

(2) A registered certifying physician shall not accept, solicit, or offer any form of remuneration from or to a dispensary for the purpose of referring a patient to a specific dispensary.

(3) A registered certifying physician shall not offer a discount or any other item of value to a qualified patient who uses or agrees to designate a specific registered caregiver or use a specific dispensary to obtain medical cannabis.

(4) A registered certifying physician shall not hold a direct or indirect economic interest in a licensee of the AMCC.

(5) A registered certifying physician shall not serve on the Board of Directors or as an employee of a licensee of the AMCC.

(6) A registered certifying physician shall not refer qualified patients to a specific caregiver or a specific dispensary.

(7) A registered certifying physician shall not advertise in a dispensary.

(8) A registered certifying physician, or any practice, facility, business, or other entity with which they are affiliated, shall not advertise on a website, in brochures, or via any other media that generally describe the scope of practice of the physician as a "medical cannabis" or "medical marijuana" physician or doctor, or otherwise advertises his or her status as a registered certifying physician, other than stating the following: "Dr. ______ is qualified by the State of Alabama to certify patients for medical cannabis use under the Alabama Compassion Act."

(9) A registered certifying physician shall not be located in the same office space as a dispensary or a dispensing site.

(10) A registered certifying physician shall not certify or recommend, or recertify or re-recommend a patient for the use of medical cannabis unless both the registered certifying physician and the patient are physically located in Alabama, and any examination, visit, or other consultation occurs while both parties are physically located in Alabama.

(11) At all times in the certification or recommendation of medical cannabis, a registered certifying physician shall only evaluate, diagnose, or certify those qualifying medical conditions for which he or she possesses the education, training, experience, and specialty training to evaluate, diagnose, or treat in his or her usual medical practice. A physician who recommends medical cannabis to a patient for treatment of a qualifying medical condition that the physician is not trained to treat with conventional medical treatment shall be in violation of these rules.

(12) A registered certifying physician is strictly prohibited from certifying or recommending, or recertifying or re-recommending, the use of medical cannabis to any patient who is pregnant, breastfeeding, or attempting to conceive.

(13) A registered certifying physician is prohibited from certifying or recommending, or recertifying or re-recommending, the use of medical cannabis to any patient who has been diagnosed with a condition for which cannabis is contraindicated under the current standard of care or by evidence-based research.

(14) A registered certifying physician is prohibited from utilizing any form of telemedicine when certifying or recommending, or recertifying or re-recommending, a patient for the use of medical cannabis, or when conducting any examination associated therewith.

Ala. Admin. Code r. 540-X-25-.09

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 06, March 31, 2022, eff. 5/15/2022.

Amended by Alabama Administrative Monthly Volume XLII, Issue No. 07, April 30, 2024, eff. 6/14/2024.

Author: Alabama Board of Medical Examiners

Statutory Authority:Code of Ala. 1975, §§ 34-24-53, 34-24-53.1; Act 2021-450 (Code of Ala. 1975, §§ 20-2A-1, et. seq.)