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§ 10231.402. Practitioner restrictions

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and SafetyEffective: May 17, 2016

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 64. Medical Marijuana Act (Refs & Annos)
Chapter 4. Practitioners
Effective: May 17, 2016
35 P.S. § 10231.402
§ 10231.402. Practitioner restrictions
(a) Practices prohibited.--The following apply with respect to practitioners:
(1) A practitioner may not accept, solicit or offer any form of remuneration from or to a prospective patient, patient, prospective caregiver, caregiver or medical marijuana organization, including an employee, financial backer or principal, to certify a patient, other than accepting a fee for service with respect to the examination of the prospective patient to determine if the prospective patient should be issued a certification to use medical marijuana.
(2) A practitioner may not hold a direct or economic interest in a medical marijuana organization.
(3) A practitioner may not advertise the practitioner's services as a practitioner who can certify a patient to receive medical marijuana.
(b) Unprofessional conduct.--A practitioner who violates subsection (a) shall not be permitted to issue certifications to patients. The practitioner shall be removed from the registry.
(c) Discipline.--In addition to any other penalty that may be imposed under this act, a violation of subsection (a) or section 403(e)1 shall be deemed unprofessional conduct under section 41(8) of the act of December 20, 1985 (P.L. 457, No. 112),2 known as the Medical Practice Act of 1985, or section 15(a)(8) of the act of October 5, 1978 (P.L. 1109, No. 261),3 known as the Osteopathic Medical Practice Act, and shall subject the practitioner to discipline by the State Board of Medicine or the State Board of Osteopathic Medicine, as appropriate.

Credits

2016, April 17, P.L. 84, No. 16, § 402, effective in 30 days [May 17, 2016].

Footnotes

35 P.S. § 10231.403.
63 P.S. § 422.41.
63 P.S. § 271.15.
35 P.S. § 10231.402, PA ST 35 P.S. § 10231.402
Current through the end of the 2023 Regular Session. Some statute sections may be more current, see credits for details.
End of Document