Sec. 10.62.03.02. Compensation from a Licensed Grower, Licensed Processor or Licensed Dispensary

A. A certifying provider may not receive compensation, including promotion, recommendation, advertising, subsidized rent, or anything of value, from a licensed grower, licensed processor, or a licensed dispensary unless the certifying provider submits an application to the Commission for approval for the compensation.

B. The application shall disclose:

(1) The specific type of compensation and specific amount or value of compensation and the services for which the compensation will be paid; and

(2) An attestation that the compensation does not violate:

(a) Any compensation restrictions established by the provider’s licensing board; or

(b) Patient referral laws codified at Health Occupations Article, §1-301 et seq., Annotated Code of Maryland.

C. The Commission shall deny an application for compensation if:

(1) The compensation is based on any agreement or arrangement for the certifying provider to refer, direct, or recommend qualifying patients to the licensed grower, licensed processor, or licensed dispensary to obtain medical cannabis;

(2) The provider refuses to attest that the compensation would not violate any compensation restrictions established by the provider’s licensing board or the patient referral laws codified at Health Occupations Article, §1-301 et seq., Annotated Code of Maryland; or

(3) The compensation would violate:

(a) Any compensation restrictions established by the provider’s licensing board; or

(b) Patient referral laws codified at Health Occupations Article, §1-301 et seq., Annotated Code of Maryland.

D. The Commission may deny an application for compensation if the compensation agreement may create an appearance that the compensation compromises the independent judgment of the certifying provider in the treatment of a patient.

E. If the Commission denies an application for compensation, the Commission shall give the provider written notice pursuant to State Government Article, §§10-201-10-226, Annotated Code of Maryland. The provider shall be entitled to a hearing to review the denial pursuant to State Government Article, §§10-201-10-226, Annotated Code of Maryland.