Regulation 5 CCR 1006-2-8
Current through Register Vol. 47, No. 11, June 10, 2024
Regulation 5 CCR 1006-2-8 - Physician requirements; reasonable cause for referrals of physicians to the Colorado Medical Board; reasonable cause for department adverse action concerning physicians; appeal rightsA.Physician Requirements. A physician who certifies a debilitating or disabling medical condition for an applicant to the medical marijuana program shall comply with all of the following requirements: 1.Colorado license to practice. The physician shall have a valid, unrestricted Colorado license to practice that is in good standing.2.Bona fide physician-patient relationship. A physician who has a bona fide physician-patient relationship with a particular patient may certify to the state health agency that the patient has a debilitating or disabling medical condition and that the patient may benefit from the use of medical marijuana. If the physician certifies that the patient would benefit from the use of medical marijuana based on a chronic or debilitating disease or medical condition, or a disabling medical condition, the physician shall specify the chronic or debilitating disease or medical condition, or disabling medical condition, and, if known, the cause or source of the chronic or debilitating disease or medical condition, or disabling medical condition. a. A physician making medical marijuana recommendations for a debilitating or disabling medical condition shall comply with generally accepted standards of medical practice, the provisions of the medical practice act, § 12-36-101 et seq., C.R.S, and all Colorado Medical Board rules.b. When making medical marijuana recommendations for a disabling medical condition, if the physician is a dentist or advanced practice practitioner with prescriptive authority, the dentist or advance practice practitioner must act within the scope of his or her practice and hold a valid license in good standing.3.Medical records. The physician shall maintain a record-keeping system, including a copy of the certification for all patients for whom the physician has authorized the medical use of marijuana. Pursuant to an investigation initiated by the Colorado Medical Board, the physician shall produce such medical records to the Colorado Medical Board after redacting any patient or primary caregiver identifying information. a. The authorizing physician shall respond to a patient's treating physician's request for medical records with patient's permission.b. Records shall be kept in accordance with all applicable state and federal laws and regulations.4.Financial prohibitions. A physician shall not: a. Accept, solicit, or offer any form of pecuniary remuneration from or to a primary caregiver, distributor, or any other provider of medical marijuana;b. Offer a discount or any other thing of value to a patient who uses or agrees to use a particular primary caregiver, distributor, or other provider of medical marijuana to procure medical marijuana;c. Examine a patient for purposes of diagnosing a debilitating or disabling medical condition at a location where medical marijuana is sold or distributed; ord. Hold an economic interest in an enterprise that provides or distributes medical marijuana if the physician certifies the debilitating or disabling medical condition of a patient for participation in the medical marijuana program.e. Charge a patient an additional fee to recommend an extended plant count or for a recommendation that is exception to any requirement in 25.1.-106, C.R.S. Article 10 of Title 44 of the Colorado Revised Statutes.B.Reasonable cause for referral of a physician to the Colorado Medical Board. For reasonable cause, the department may refer a physician who has certified a debilitating or disabling medical condition of an applicant to the medical marijuana registry to the Colorado Medical Board or a dentist or advance practice practitioner with prescriptive authority to the applicable licensing authority, for potential violations of this rule.C.Reasonable cause for department sanctions concerning physicians. For reasonable cause, the department may sanction a physician who certifies a debilitating or disabling medical condition for an applicant to the medical marijuana registry for violations of paragraph A.4 of this rule. Reasonable cause shall include, but not be limited to: 1. The physician is housed onsite and/or conducts patient evaluations for purposes of the medical marijuana program at a location where medical marijuana is sold or distributed, such as a medical marijuana center, optional grow site, medically infused products manufacturer, by a primary care-giver, or other distributor of medical marijuana.2. A physician who holds an economic interest in an entity that provides or distributes medical marijuana, such as a medical marijuana center, an infused products manufacturer, an optional grow site, a primary care-giver, or other distributor of medical marijuana.3. The physician accepts, offers or solicits any form of pecuniary remuneration from or to a primary care-giver, medical marijuana center, optional grow site, medically infused product manufacturer, or any other distributor of medical marijuana.4. The physician offers a discount or any other thing of value, including but not limited to a coupon for reduced-price medical marijuana or a reduced fee for physician services, to a patient who agrees to use a particular medical marijuana center, primary care-giver, or other distributor of medical marijuana.D.Sanctions. For reasonable cause, the department may propose any of the following sanctions against a physician:1. Revocation of the physician's ability to certify a debilitating or disabling medical condition and recommend medical marijuana for an applicant to the medical marijuana registry; or2. Summary suspension of the physician's ability to certify a debilitating or disabling medical condition or recommend medical marijuana for an applicant to the medical marijuana registry when the department reasonably and objectively believes that a physician has deliberately and willfully violated Section 14 of Article XVIII of the Colorado Constitution or § 25-1.5-106, C.R.S. and the public health, safety and welfare imperatively requires emergency action.E.Appeals. If the department proposes to sanction a physician pursuant to paragraph c of this rule, the department shall provide the physician with notice of the grounds for the sanction and shall inform the physician of the physician's right to request a hearing.1. A request for hearing shall be submitted to the department in writing within thirty (30) calendar days from the date of the postmark on the notice.2. If a hearing is requested, the physician shall file an answer within thirty (30) calendar days from the date of the postmark on the notice.3. If a request for a hearing is made, the hearing shall be conducted in accordance with the state administrative procedures act, § 24-4-101et seq., C.R.S.4. If the physician does not request a hearing in writing within thirty (30) calendar days from the date of the notice, the physician is deemed to have waived the opportunity for a hearing.Regulation 5 CCR 1006-2-8
37 CR 20, October 25,2014, effective 11/14/201438 CR 15, August 10, 2015, effective 9/14/201538 CR 24, December 25, 2015, effective 1/14/201641 CR 08, April 25, 2018, effective 5/15/201842 CR 08, April 10, 2019, effective 5/15/201942 CR 20, October 25, 2019, effective 11/14/201945 CR 01, January 10, 2022, effective 2/14/202245 CR 06, March 25, 2022, effective 4/14/2022