Md. Code Regs. 14.17.04.01

Current through Register Vol. 51, No. 24, December 2, 2024

Section 14.17.04.01 - Certifying Providers

A. Provider Registration.

(1) A provider seeking registration as a certifying provider shall submit an application in the manner specified by the Administration.

(2) The Administration may approve certifying provider applications to treat:

(a) A chronic or debilitating disease or medical condition that results in a patient being admitted into hospice or receiving palliative care; or

(b) A chronic or debilitating disease or medical condition or the treatment of a chronic or debilitating disease or medical condition that produces:

(i) Cachexia, anorexia, or wasting syndrome;

(ii) Severe or chronic pain;

(iii) Severe nausea;

(iv) Seizures;

(v) Severe or persistent muscle spasms;

(vi) Glaucoma;

(vii) Post-traumatic stress disorder; or

(viii) Any other condition that is severe and for which other medical treatments have been ineffective if the symptoms reasonably can be expected to be relieved by the medical use of cannabis.

(3) A certifying provider may apply to amend the approval at any time.

(4) The application shall be deemed approved unless the Administration notifies the applicant that the application has been denied.

B. A certifying provider may discuss the use of medical cannabis with a patient, including but not limited to:

(1) Contraindications;

(2) Dosage;

(3) Problem use; and

(4) Harm reduction and safety precautions.

C. Certifying Provider Registration Renewal.

(1) An approval is valid for 2 years.

(2) A certifying provider shall apply to renew a registration to certify at the time of renewal of the provider's license.

(3) The Administration shall provide a certifying provider with notice of renewal 90 business days before expiration of the registration.

(4) The Administration shall grant the application for renewal of registration if:

(a) The certifying provider attests that:

(i) The certifying provider's license to practice in Maryland is active, unrestricted, and in good standing; and

(ii) The certifying provider's registration by the State to prescribe controlled dangerous substances is valid; and

(b) The certifying provider has otherwise complied with this chapter.

(5) If a certifying provider fails to obtain a renewal of a registration to issue written certifications, the certifying provider may not issue written certifications.

D. A certifying provider may not receive compensation, including promotion, recommendation, advertising, subsidized rent, or anything of value, from a licensee.

E. Action Against a Provider.

(1) After a written notice and a hearing in accordance with COMAR 14.17.22 if such hearing is properly requested, the Administration may deny a certifying provider's application for registration, or revoke registration to certify if the provider:

(a) Fraudulently applies for approval;

(b) Fraudulently issues a written certification; or

(c) Fails to comply with this chapter.

(2) The Administration shall report any finding to the provider's State licensing board and may refer any allegation of fraud or conduct that threatens public health by a certifying provider.

Md. Code Regs. 14.17.04.01

Regulation .01 adopted effective 50:14 Md. R. 559, eff. 7/1/2023 (EMERGENCY); adopted effective 51:14 Md. R. 676, eff. 6/7/2024, exp. 8/31/2024 (Emergency); adopted effective 51:14 Md. R. 678, eff. 7/22/2024.