N.Y. Comp. Codes R. & Regs. tit. 10 § 1004.22

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1004.22 - Practitioner prohibitions

(a) A practitioner that is registered with the department shall not:

(1) directly or indirectly accept, solicit, or receive any item of value from a registered organization;

(2) offer a discount or any other item of value to a certified patient based on the patient's agreement or decision to use a particular practitioner, registered organization, brand or specific form of approved medical marihuana product produced by a registered organization;

(3) examine a qualifying patient for purposes of diagnosing a debilitating medical condition at any location owned or operated by a registered organization, or where medical marihuana products or related products necessary for the approved forms of administration of medical marihuana are acquired, distributed, dispensed, manufactured, sold, or produced; or

(4) directly or indirectly benefit from a patient obtaining a written certification. Such prohibition shall not prohibit a practitioner from charging an appropriate fee for the patient visit.

(b) A practitioner that issues written certifications, and such practitioner's co-worker, employee, spouse, parent, child, or sibling shall not have a direct or indirect financial interest in a registered organization or any other entity that may benefit from a certified patient's or designated caregiver's acquisition, purchase or use of approved medical marihuana products, including any formal or informal agreement whereby a registered organization provides compensation if the practitioner issues a written certification for a certified patient or steers a certified patient to a specific dispensing facility.

(c) A practitioner shall not issue a certification for himself/herself or for the practitioner's family members, employees or co-workers.

(d) A practitioner shall not receive or provide product samples containing marihuana.

(e) A practitioner shall not be a designated caregiver for any patients that he or she has certified under section 1004.2 of this Part. However, this shall not prohibit a facility, or a division, department, component, floor or other unit from being a designated caregiver pursuant to section 1004.4 of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 1004.22

Adopted, New York State Register April 15, 2015/Volume XXXVII, Issue 15, eff. 4/15/2015

Amended New York State Register June 6, 2018/Volume XL, Issue 23, eff. 6/6/2018