Section R383-1-2 - Definitions(1) The definitions in Section 26B-4-201 apply to this rule. In addition, the following applies to this rule.(2) "Card" means any type of medical cannabis card or registration card, whichever applies, authorized under Title 26B, Chapter 4, Part 2 Cannabinoid Research and Medical Cannabis.(3) "Department" means the Utah Department of Health and Human Services.(4) "EVS" means the electronic verification system.(5) "Fundamentals of medical cannabis coursework" means a course, or combination of courses, with content that addresses the following subjects:(a) the endocannabinoid system and phytocannabinoids;(b) general guidance and recommendations for medical cannabis; and(c) history of cannabis, dosing forms, considerations, drug interactions, adverse reactions, contraindications, such as breastfeeding and pregnancy, and toxicology.(6) "General medical cannabis coursework" means a course or combination of courses with content that addresses medical cannabis, which may include medical cannabis law or fundamentals of medical cannabis coursework.(7) "ICS" means the inventory control system.(8) "Institutional review board" or "IRB" means the same term as defined in Subsection 26B-4-212(1)(f).(9) "Law enforcement personnel" means law enforcement personnel with access to UCJIS.(10) "Mail" means to send through mail services, email, or hand-delivery.(11) "Medical cannabis law coursework" means a course, or combination of courses, with content that addresses Title 26B, Chapter 4, Part 2 Cannabinoid Research and Medical Cannabis and other state and federal laws relating to medical cannabis; that includes, at a minimum, a review of the following:(a) qualifying health conditions for which a patient may lawfully use medical cannabis for medicinal purposes in Utah;(b) forms of medical cannabis that are allowed and prohibited under Utah law;(c) limits of the quantities of unprocessed cannabis and cannabis products in a medicinal form that may be dispensed in Utah;(d) requirements to initially register, and renew a registration, as a QMP;(e) limits to the number of active medical cannabis recommendations that an RMP can make at any given time;(f) description of what an RMP must document in a patient's record before recommending medical cannabis;(g) information required from an RMP when writing a medical cannabis recommendation, and the option to make a recommendation without specifying a dosage form and dosing guidelines;(h) a PMP's role in determining the appropriate medical cannabis dosage form and dosing guidelines when an RMP chooses to recommend without specifying a dosage form and dosing guidelines;(i) limits on advertising by an RMP;(j) types of medical cannabis cards;(k) regulations controlling the distribution of products by medical cannabis pharmacies;(m) the role of the Compassionate Use Board;(n) that all medical cannabis purchased at medical cannabis pharmacies in Utah shall be cultivated at cannabis cultivation facilities, processed at cannabis processing facilities, and that samples be tested at independent cannabis testing laboratories; that is licensed in Utah and operate within Utah's medical cannabis system;(o) the conditions of legal possession of medical cannabis under Utah law;(p) the legal status of medical and recreational marijuana in states surrounding Utah and under federal law;(q) authority to change dosing guidelines in a medical cannabis recommendation;(r) home delivery of medical cannabis; and(s) purpose of the state central patient portal.(12) "Pharmacy agent" means a medical cannabis pharmacy agent.(13) "PMP" means a medical cannabis pharmacy medical provider.(14) "QMP" means a qualified medical provider.(15) "QMP Proxy" or "Qualified Medical Provider Proxy" means an individual that has been given authority to enter certifications and recommendations for a QMP as described in Subsection 26B-4-202(3).(16) "RMP" means a recommending medical provider.(17) "Safeguard" means to maintain the confidentiality of the information accessed and not use, release, publish, disclose, or otherwise make available to any other person not authorized to access the information; for any purpose other than those specifically authorized or permitted by applicable law.(18) "State agency employee" means an employee of the Utah Department of Health and Human Services, Utah Department of Agriculture and Food, Division of Technology Services, and the Utah Department of Commerce, Division of Professional Licensing.(19) "Substantial evidence" or "substantial clinical data" means evidence that two or more clinical studies support. The clinical studies shall meet the following criteria: (a) were conducted under a study approved by an IRB;(b) were conducted or approved by the federal government;(c) are cited by the Department in educational materials posted on its website; or(d) are of reasonable scientific rigor as determined by the Department.(20) "UCJIS" means the Utah Criminal Justice Information System.(21) "UDAF" means the Utah Department of Agriculture and Food.(22) "Utah resident" means an individual who has established a domicile in Utah.Utah Admin. Code R383-1-2
Adopted by Utah State Bulletin Number 2023-01, effective 12/27/2022Amended by Utah State Bulletin Number 2023-21, effective 10/23/2023Amended by Utah State Bulletin Number 2024-01, effective 1/1/2024