(1) (a) The department shall establish a compassionate use board consisting of: (i) seven qualified medical providers that the executive director appoints and the Senate confirms: (A) who are knowledgeable about the medicinal use of cannabis; (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and (C) whom the appropriate board certifies in the specialty of neurology, pain medicine and pain management, medical oncology, psychiatry, infectious disease, internal medicine, pediatrics, or gastroenterology; and (ii) as a nonvoting member and the chair of the board, the executive director or the director's designee. (b) In appointing the seven qualified medical providers described in Subsection (1)(a), the executive director shall ensure that at least two have a board certification in pediatrics.

(a) The department shall establish a compassionate use board consisting of: (i) seven qualified medical providers that the executive director appoints and the Senate confirms: (A) who are knowledgeable about the medicinal use of cannabis; (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and (C) whom the appropriate board certifies in the specialty of neurology, pain medicine and pain management, medical oncology, psychiatry, infectious disease, internal medicine, pediatrics, or gastroenterology; and (ii) as a nonvoting member and the chair of the board, the executive director or the director's designee.

(i) seven qualified medical providers that the executive director appoints and the Senate confirms: (A) who are knowledgeable about the medicinal use of cannabis; (B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and (C) whom the appropriate board certifies in the specialty of neurology, pain medicine and pain management, medical oncology, psychiatry, infectious disease, internal medicine, pediatrics, or gastroenterology; and

(A) who are knowledgeable about the medicinal use of cannabis;

(B) who are physicians licensed under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; and

(C) whom the appropriate board certifies in the specialty of neurology, pain medicine and pain management, medical oncology, psychiatry, infectious disease, internal medicine, pediatrics, or gastroenterology; and

(ii) as a nonvoting member and the chair of the board, the executive director or the director's designee.

(b) In appointing the seven qualified medical providers described in Subsection (1)(a), the executive director shall ensure that at least two have a board certification in pediatrics.

(2) (a) Of the members of the board that the executive director first appoints: (i) three shall serve an initial term of two years; and (ii) the remaining members shall serve an initial term of four years. (b) After an initial term described in Subsection (2)(a) expires: (i) each term is four years; and (ii) each board member is eligible for reappointment. (c) A member of the board may serve until a successor is appointed.

(a) Of the members of the board that the executive director first appoints: (i) three shall serve an initial term of two years; and (ii) the remaining members shall serve an initial term of four years.

(i) three shall serve an initial term of two years; and

(ii) the remaining members shall serve an initial term of four years.

(b) After an initial term described in Subsection (2)(a) expires: (i) each term is four years; and (ii) each board member is eligible for reappointment.

(i) each term is four years; and

(ii) each board member is eligible for reappointment.

(c) A member of the board may serve until a successor is appointed.

(3) Four members constitute a quorum of the compassionate use board.

(4) A member of the board may receive: (a) compensation or benefits for the member's service; and (b) per diem and travel expenses in accordance with Section 63A-3-106, Section 63A-3-107, and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(a) compensation or benefits for the member's service; and

(b) per diem and travel expenses in accordance with Section 63A-3-106, Section 63A-3-107, and rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(5) The compassionate use board shall: (a) review and recommend for department approval an individual described in Subsection 26-61a-201(2)(a), a minor described in Subsection 26-61a-201(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis card to obtain a medical cannabis card for compassionate use if: (i) for an individual who is not otherwise qualified to receive a medical cannabis card, the individual's qualified medical provider is actively treating the individual for an intractable condition that: (A) substantially impairs the individual's quality of life; and (B) has not, in the qualified medical provider's professional opinion, adequately responded to conventional treatments; (ii) the qualified medical provider: (A) recommends that the individual or minor be allowed to use medical cannabis; and (B) provides a letter, relevant treatment history, and notes or copies of progress notes describing relevant treatment history including rationale for considering the use of medical cannabis; and (iii) the board determines that: (A) the recommendation of the individual's qualified medical provider is justified; and (B) based on available information, it may be in the best interests of the individual to allow the use of medical cannabis; (b) unless no petitions are pending: (i) meet to receive or review compassionate use petitions at least quarterly; and (ii) if there are more petitions than the board can receive or review during the board's regular schedule, as often as necessary; (c) complete a review of each petition and recommend to the department approval or denial of the applicant for qualification for a medical cannabis card within 90 days after the day on which the board received the petition; and (d) report, before November 1 of each year, to the Health and Human Services Interim Committee: (i) the number of compassionate use recommendations the board issued during the past year; and (ii) the types of conditions for which the board approved compassionate use.

(a) review and recommend for department approval an individual described in Subsection 26-61a-201(2)(a), a minor described in Subsection 26-61a-201(2)(c), or an individual who is not otherwise qualified to receive a medical cannabis card to obtain a medical cannabis card for compassionate use if: (i) for an individual who is not otherwise qualified to receive a medical cannabis card, the individual's qualified medical provider is actively treating the individual for an intractable condition that: (A) substantially impairs the individual's quality of life; and (B) has not, in the qualified medical provider's professional opinion, adequately responded to conventional treatments; (ii) the qualified medical provider: (A) recommends that the individual or minor be allowed to use medical cannabis; and (B) provides a letter, relevant treatment history, and notes or copies of progress notes describing relevant treatment history including rationale for considering the use of medical cannabis; and (iii) the board determines that: (A) the recommendation of the individual's qualified medical provider is justified; and (B) based on available information, it may be in the best interests of the individual to allow the use of medical cannabis;

(i) for an individual who is not otherwise qualified to receive a medical cannabis card, the individual's qualified medical provider is actively treating the individual for an intractable condition that: (A) substantially impairs the individual's quality of life; and (B) has not, in the qualified medical provider's professional opinion, adequately responded to conventional treatments;

(A) substantially impairs the individual's quality of life; and

(B) has not, in the qualified medical provider's professional opinion, adequately responded to conventional treatments;

(ii) the qualified medical provider: (A) recommends that the individual or minor be allowed to use medical cannabis; and (B) provides a letter, relevant treatment history, and notes or copies of progress notes describing relevant treatment history including rationale for considering the use of medical cannabis; and

(A) recommends that the individual or minor be allowed to use medical cannabis; and

(B) provides a letter, relevant treatment history, and notes or copies of progress notes describing relevant treatment history including rationale for considering the use of medical cannabis; and

(iii) the board determines that: (A) the recommendation of the individual's qualified medical provider is justified; and (B) based on available information, it may be in the best interests of the individual to allow the use of medical cannabis;

(A) the recommendation of the individual's qualified medical provider is justified; and

(B) based on available information, it may be in the best interests of the individual to allow the use of medical cannabis;

(b) unless no petitions are pending: (i) meet to receive or review compassionate use petitions at least quarterly; and (ii) if there are more petitions than the board can receive or review during the board's regular schedule, as often as necessary;

(i) meet to receive or review compassionate use petitions at least quarterly; and

(ii) if there are more petitions than the board can receive or review during the board's regular schedule, as often as necessary;

(c) complete a review of each petition and recommend to the department approval or denial of the applicant for qualification for a medical cannabis card within 90 days after the day on which the board received the petition; and

(d) report, before November 1 of each year, to the Health and Human Services Interim Committee: (i) the number of compassionate use recommendations the board issued during the past year; and (ii) the types of conditions for which the board approved compassionate use.

(i) the number of compassionate use recommendations the board issued during the past year; and

(ii) the types of conditions for which the board approved compassionate use.

(6) (a) (i) The department shall review any compassionate use for which the board recommends approval under Subsection (5)(c) to determine whether the board properly exercised the board's discretion under this section. (ii) If the department determines that the board properly exercised the board's discretion in recommending approval under Subsection (5)(c), the department shall: (A) issue the relevant medical cannabis card; and (B) provide for the renewal of the medical cannabis card in accordance with the recommendation of the qualified medical provider described in Subsection (5)(a). (b) (i) If the board recommends denial under Subsection (5)(c), the individual seeking to obtain a medical cannabis card may petition the department to review the board's decision. (ii) If the department determines that the board's recommendation for denial under Subsection (5)(c) was arbitrary or capricious: (A) the department shall notify the board of the department's determination; and (B) the board shall reconsider the board's refusal to recommend approval under this section. (c) In reviewing the board's recommendation for approval or denial under Subsection (5)(c) in accordance with this Subsection (6), the department shall presume the board properly exercised the board's discretion unless the department determines that the board's recommendation was arbitrary or capricious.

(a) (i) The department shall review any compassionate use for which the board recommends approval under Subsection (5)(c) to determine whether the board properly exercised the board's discretion under this section. (ii) If the department determines that the board properly exercised the board's discretion in recommending approval under Subsection (5)(c), the department shall: (A) issue the relevant medical cannabis card; and (B) provide for the renewal of the medical cannabis card in accordance with the recommendation of the qualified medical provider described in Subsection (5)(a).

(i) The department shall review any compassionate use for which the board recommends approval under Subsection (5)(c) to determine whether the board properly exercised the board's discretion under this section.

(ii) If the department determines that the board properly exercised the board's discretion in recommending approval under Subsection (5)(c), the department shall: (A) issue the relevant medical cannabis card; and (B) provide for the renewal of the medical cannabis card in accordance with the recommendation of the qualified medical provider described in Subsection (5)(a).

(A) issue the relevant medical cannabis card; and

(B) provide for the renewal of the medical cannabis card in accordance with the recommendation of the qualified medical provider described in Subsection (5)(a).

(b) (i) If the board recommends denial under Subsection (5)(c), the individual seeking to obtain a medical cannabis card may petition the department to review the board's decision. (ii) If the department determines that the board's recommendation for denial under Subsection (5)(c) was arbitrary or capricious: (A) the department shall notify the board of the department's determination; and (B) the board shall reconsider the board's refusal to recommend approval under this section.

(i) If the board recommends denial under Subsection (5)(c), the individual seeking to obtain a medical cannabis card may petition the department to review the board's decision.

(ii) If the department determines that the board's recommendation for denial under Subsection (5)(c) was arbitrary or capricious: (A) the department shall notify the board of the department's determination; and (B) the board shall reconsider the board's refusal to recommend approval under this section.

(A) the department shall notify the board of the department's determination; and

(B) the board shall reconsider the board's refusal to recommend approval under this section.

(c) In reviewing the board's recommendation for approval or denial under Subsection (5)(c) in accordance with this Subsection (6), the department shall presume the board properly exercised the board's discretion unless the department determines that the board's recommendation was arbitrary or capricious.

(7) Any individually identifiable health information contained in a petition that the board or department receives under this section is a protected record in accordance with Title 63G, Chapter 2, Government Records Access and Management Act.

(8) The compassionate use board shall annually report the board's activity to the Cannabinoid Product Board created in Section 26-61-201.