(1) As used in this section:
(a) "Recommending medical provider" means the same as that term is defined in Section 26B-4-201.
(b) "Targeted marketing" means the same as that term is defined in Section 26B-4-201.
(2)
(a) Except as provided in Subsections (2)(b) and (c), a person may not advertise that the person or the person's employee recommends a medical cannabis treatment.
(b) Notwithstanding Subsection (2)(a) and Section 4-41a-109, a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may advertise only the following:
(i) a green cross;
(ii) the provider's or clinic's name and logo;
(iii) a qualifying condition that the individual treats;
(iv) that the recommending medical provider, medical clinic, or medical office evaluates patients for medical cannabis recommendations;
(v) a scientific study regarding medical cannabis use; or
(vi) contact information.
(c) Notwithstanding Subsection (2)(a) and Section 4-41a-109, a recommending medical provider, medical clinic, or medical office that employs a recommending medical provider may engage in targeted marketing, as determined by the Department of Health and Human Services through rule, for advertising medical cannabis recommendation services.
(3)
(a) A recommending medical provider may not:
(i) receive any compensation or benefit for the recommending medical provider's medical cannabis treatment recommendation from:
(A) a cannabis production establishment or an owner, officer, director, board member, employee, or agent of a cannabis production establishment;
(B) a medical cannabis pharmacy or an owner, officer, director, board member, employee, or agent of a medical cannabis pharmacy; or
(C) a recommending medical provider or pharmacy medical provider; or
(ii) provide a medical cannabis recommendation at a medical clinic or medical office that is violating the advertising limitations described in Subsection (2).
(b) A violation of Subsection (3)(a) is unprofessional conduct.