2021 Oklahoma Statutes
Title 63. Public Health and Safety
§63-427.10. Physicians who may provide a recommendation – Physician immunity.
A. Only licensed Oklahoma allopathic, osteopathic and podiatric physicians may provide a medical marijuana recommendation for a medical marijuana patient license under the Oklahoma Medical Marijuana and Patient Protection Act.
B. A physician who has not completed his or her first residency shall not meet the definition of "physician" under this section and any recommendation for a medical marijuana patient license shall not be processed by the Authority.
C. No physician shall be subject to arrest, prosecution or penalty in any manner or denied any right or privilege under Oklahoma state, municipal or county statute, ordinance or resolution, including without limitation a civil penalty or disciplinary action by the State Board of Medical Licensure and Supervision, the State Board of Osteopathic Examiners, the Board of Podiatric Medical Examiners or by any other business, occupation or professional licensing board or bureau, solely for providing a medical marijuana recommendation for a patient or for monitoring, treating or prescribing scheduled medication to patients who are medical marijuana licensees. The provisions of this subsection shall not prevent the relevant professional licensing boards from sanctioning a physician for failing to properly evaluate the medical condition of a patient or for otherwise violating the applicable physician-patient standard of care.
D. A physician who recommends use of medical marijuana shall not be located at the same physical address as a licensed medical marijuana dispensary.
E. If the physician determines the continued use of medical marijuana by the patient no longer meets the requirements set forth in the Oklahoma Medical Marijuana and Patient Protection Act, the physician shall notify the Department and the license shall be immediately voided without right to an individual proceeding.
Added by Laws 2019, c. 11, § 10. Amended by Laws 2019, c. 390, § 2, emerg. eff. May 15, 2019; Laws 2021, c. 553, § 14, eff. Nov. 1, 2021.
