N.Y. Comp. Codes R. & Regs. tit. 9 § 113.23

Current through Register Vol. 46, No. 43, October 23, 2024

Section 113.23 - Practitioner Prohibitions

(a) A practitioner shall not:

(1) directly or indirectly accept, solicit, or receive any item of value from a registered organization. However, free or discounted products or services may be provided for use in research, provided such research is conducted by a cannabis research licensee pursuant to section 38 Article 3 of the Cannabis Law;

(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 medical cannabis product produced by a registered organization. However, free or discounted products or services may be provided for use in research, provided such research is conducted by a cannabis research licensee pursuant to section 38 Article 3 of the Cannabis Law;

(3) examine a patient for purposes of issuing a certification at any location owned or operated by a registered organization, except where such examination is being conducted in accordance with a cannabis research license pursuant to section 38 Article 3 of the Cannabis Law; or

(4) directly or indirectly benefit from a patient obtaining a written certification. Such prohibition shall not prohibit a practitioner from conducting research pursuant to section 38 of Article 3 of the Cannabis Law, or charging an appropriate fee for the patient visit.

(b) A practitioner that issues 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 medical cannabis 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 site.

(c) A practitioner shall not issue a certification for themself.

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

N.Y. Comp. Codes R. & Regs. Tit. 9 § 113.23

Adopted New York State Register February 22, 2023/Volume XLV, Issue 08, eff. 2/22/2023