Unprofessional conduct. (1) As used in this section: (a) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201. (b) "Targeted marketing" means the same as that term is defined in Section 26B-4-201. (2) (a) Except as provided in Subsections (2)(b) and (c), a person may not advertise that the person or the person's employee recommends a medical cannabis treatment. (b) Notwithstanding Subsection (2)(a) and Section 4-41a-109, a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may advertise only the following: (i) a green cross; (ii) the provider's or clinic's name and logo; (iii) a qualifying condition that the individual treats; (iv) that the recommending medical provider, medical clinic, or medical office evaluates patients for medical cannabis recommendations; (v) a scientific study regarding medical cannabis use; or (vi) contact information. (c) Notwithstanding Subsection (2)(a) and Section 4-41a-109, a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may engage in targeted marketing, as determined by the Department of Health and Human Services through rule, for advertising medical cannabis recommendation services. (3) (a) A recommending medical provider may not: (i) receive any compensation or benefit for the recommending medical provider's medical cannabis treatment recommendation from: (A) a cannabis production establishment or an owner, officer, director, board member, employee, or agent of a cannabis production establishment; (B) a medical cannabis pharmacy or an owner, officer, director, board member, employee, or agent of a medical cannabis pharmacy; or (C) a recommending medical provider or pharmacy medical provider; or (ii) provide a medical cannabis recommendation at a medical clinic or medical office that is violating the advertising limitations described in Subsection (2). (b) A violation of Subsection (3)(a) is unprofessional conduct.
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