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Title: Section 1004.22 - Practitioner prohibitions

Effective Date

06/06/2018

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.

 

Statutory Authority

Public Health Law, Section 3369-a

Volume

VOLUME E (Title 10)

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