Washington regulators warn against improper medical cannabis authorizations and clinic referrals
Washington’s Medical Cannabis Program is warning retailers, medical cannabis consultants, health care professionals, and patients about third-party clinic referral practices and remote initial authorizations that do not meet state requirements.
In a compliance notice, Washington regulators said they had received inquiries and concerns about third-party clinic referrals operating outside legal requirements and offering initial medical cannabis authorizations remotely.
Those practices can create problems with patient registration and access to medical cannabis products, according to the notice.
The letter calls on retailers and consultants to review their advertising, referral practices, and relationships with clinics. It does not identify specific businesses or announce enforcement actions.
Initial authorizations require an in-person examination
The notice emphasizes that an initial medical cannabis authorization requires an in-person physical examination and a documented relationship between the patient and the authorizing health care professional involving the diagnosis and ongoing treatment or monitoring of the patient’s qualifying condition. Authorizations must also be completed on tamper-resistant paper.
“An authorization obtained through a process that does not meet these requirements does not constitute a valid medical cannabis authorization,” the notice stated.
Washington law distinguishes initial authorizations from certain renewals. Under RCW 69.51A.030, subsequent examinations for renewal may occur through telemedicine after an initial in-person examination if the health care professional determines and documents that requiring an in-person renewal examination would likely cause severe hardship because of the patient’s physical or emotional condition.
Regulators cautioned retailers and consultants against advertising authorization services that do not comply with state law or suggesting patients can obtain an initial authorization without the required examination and documented relationship.
It also warned against accepting or offering compensation or other business benefits in exchange for recommending a particular clinic or health care professional.
Washington’s medical cannabis consultant rules, WAC 246-72-030, prohibit consultants from soliciting or accepting compensation, directly or indirectly, for recommending a particular product, producer, processor, clinic, or health care practitioner. The restriction covers cash and other forms of compensation.
The same rules allow consultants to help qualifying patients select products and process authorization forms for database registration, but prohibit them from diagnosing conditions or recommending changes to treatments that do not involve medical cannabis.
The letter also reminded authorizing health care professionals that state law prohibits financial compensation arrangements with cannabis retailers, processors, or producers. They may not offer patients discounts or anything of value based on their being, or agreeing to become, customers of a particular retailer.
Health care professionals also may not operate a business or practice consisting primarily of medical cannabis authorizations or issue authorizations anywhere other than their practice’s permanent physical location, according to the notice.
Regulators described the letter as a compliance reminder and educational notice, urging recipients to review the applicable statutes and rules and seek guidance about their individual circumstances.
