Chief Sponsor: Brad M. Daw

Senate Sponsor: Evan J. Vickers


9     Committee Note:
10          The Health and Human Services Interim Committee recommended this bill.
11     General Description:
12          This bill amends provisions related to the Cannabinoid Product Board.
13     Highlighted Provisions:
14          This bill:
15          ▸     amends the required composition of the Cannabinoid Product Board; and
16          ▸     amends the duties of the Cannabinoid Product Board to include review of expanded
17     cannabinoid products.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          26-61-201, as enacted by Laws of Utah 2017, Chapter 398
25          26-61-202, as enacted by Laws of Utah 2017, Chapter 398

27     Be it enacted by the Legislature of the state of Utah:

28          Section 1. Section 26-61-201 is amended to read:
29          26-61-201. Cannabinoid Product Board.
30          (1) There is created the Cannabinoid Product Board within the department.
31          (2) The department shall appoint, in consultation with a professional association based
32     in the state that represents physicians, seven members to the Cannabinoid Product Board as
33     follows:
34          (a) three individuals who are medical research professionals; and
35          (b) four physicians.
36          (3) The department shall [appoint board members under Subsection (2) such] ensure
37     that [three] at least one of the board members [are members] appointed under Subsection (2) is
38     a member of the Controlled Substances Advisory Committee created in Section 58-38a-201.
39          (4) (a) Four of the board members appointed under Subsection (2) shall serve an initial
40     term of two years and three of the board members appointed under Subsection (2) shall serve
41     an initial term of four years.
42          (b) Successor board members shall each serve a term of four years.
43          (5) The department may remove a board member without cause.
44          (6) The board shall nominate a board member to serve as chairperson of the board by a
45     majority vote of the board members.
46          (7) The board shall meet as often as necessary to accomplish the duties assigned to the
47     board under this chapter.
48          (8) Each board member, including the chair, has one vote.
49          (9) (a) A majority of board members constitutes a quorum.
50          (b) A vote of a majority of the quorum at any board meeting is necessary to take action
51     on behalf of the board.
52          (10) A board member may not receive compensation for the member's service on the
53     board, but may, in accordance with rules adopted by the board in accordance with Title 63G,
54     Chapter 3, Utah Administrative Rulemaking Act, receive:
55          (a) per diem at the rate established under Section 63A-3-106; and
56          (b) travel expenses at the rate established under Section 63A-3-107.
57          Section 2. Section 26-61-202 is amended to read:
58          26-61-202. Cannabinoid Product Board -- Duties.

59          (1) The board shall review any available research related to the human use of a
60     cannabinoid product or an expanded cannabinoid product that:
61          (a) was conducted under a study approved by an IRB; or
62          (b) was conducted or approved by the federal government.
63          (2) Based on the research described in Subsection (1), the board shall evaluate the
64     safety, risks, and efficacy of cannabinoid products and expanded cannabinoid products,
65     including:
66          (a) medical conditions that respond to cannabinoid products and expanded cannabinoid
67     products;
68          (b) cannabinoid dosage amounts and medical dosage forms; and
69          (c) interaction of cannabinoid products and expanded cannabinoid products with other
70     treatments.
71          (3) Based on the board's evaluation under Subsection (2), the board shall develop
72     guidelines for a physician recommending treatment with a cannabinoid product or an expanded
73     cannabinoid product that includes a list of medical conditions, if any, that the board determines
74     are appropriate for treatment with a cannabinoid product or an expanded cannabinoid product.
75          (4) The board shall submit the guidelines described in Subsection (3) to:
76          (a) the director of the Division of Occupational and Professional Licensing; and
77          (b) the Health and Human Services Interim Committee.
78          (5) The board shall report the board's findings before November 1 of each year to the
79     Health and Human Services Interim Committee.

Legislative Review Note
Office of Legislative Research and General Counsel