D.C. Mun. Regs. tit. 22, r. 22-C800

Current through Register 71, No. 45, November 7, 2024

Rule 22-C800 - QUALIFICATIONS TO BE A RECOMMENDING AUTHORIZED PRACTITIONER

800.1

An authorized practitioner who is licensed and in good standing to practice medicine, osteopathy, advanced practice registered nursing, dentistry, naturopathic medicine, or as a physician assistant in the District of Columbia may recommend the use of medical marijuana to a qualifying patient if the authorized practitioner:

(a) Is in a bona fide relationship with the qualifying patient, which for purposes of complying with this chapter and the Act shall mean that the authorized practitioner:

(1) Has completed a full assessment of the patient's medical or dental history and current medical or dental condition, including a personal physical examination, not more than ninety (90) days prior to making the recommendation; and

(2) Has responsibility for the ongoing care and treatment of the patient either directly or in consultation with another licensed authorized practitioner;

(b) Makes the recommendation based upon the authorized practitioner's assessment of the qualifying patient's:

(1) Medical or dental history;

(2) Current medical or dental condition; and

(3) A review of other approved medications and treatments that might provide the qualifying patient with relief from a qualifying medical or dental condition or the side effects of a qualifying medical or dental treatment; and

(c) Is not the owner, director, officer, member, incorporator, agent, or employee of a dispensary, cultivation center, or testing laboratory.

800.2

An authorized practitioner who is licensed and in good standing to practice medicine, osteopathy, advanced practice registered nursing, dentistry, naturopathic medicine, or as a physician assistant in the District of Columbia may evaluate a patient for the sole or primary purpose of the recommendation of medical marijuana only if:

(a) [Repealed];

(b) The recommending authorized practitioner complies with the requirements set forth in Subsection 800.1; and

(c) There is no exchange of any form of remuneration, gift, donation, bartering, referral fees, or fee-splitting between the referring and recommending authorized practitioner either directly or indirectly.

D.C. Mun. Regs. tit. 22, r. 22-C800

Source: Notice of Emergency and Third Proposed Rulemaking published at 58 DCR 3299 (April 15, 2011)[EXPIRED]; as amended by Notice of Emergency and Fourth Proposed Rulemaking published at 58 DCR 7207 (August 12, 2011)[EXPIRED]; as amended by Notice of Final Rulemaking published at 58 DCR 10128, 10148 (December 2, 2011); amended by Final Rulemaking published at 64 DCR 11922 (11/17/2017); amended by Final Rulemaking published at 65 DCR 3926 (4/13/2018); Amended by Final Rulemaking published at 71 DCR 2388 (3/8/2024)

Authority: The Mayor, pursuant to section 14 of the Legalization of Marijuana for Medical Treatment Initiative of 1999 (Act), effective July 27, 2010 (D.C. Law 18-210; D.C. Official Code §§ 7-1671.01, et. seq. (2011 Supp.)).