§16A-4-2.  Practitioner restrictions.

(a)  Practices prohibited. — The following shall apply with respect to practitioners:

(1)  A practitioner may not accept, solicit or offer any form of remuneration from or to a prospective patient, patient, prospective caregiver, caregiver or medical cannabis organization, including an employee, financial backer or principal, to certify a patient, other than accepting a fee for service with respect to the examination of the prospective patient to determine if the prospective patient should be issued a certification to use medical cannabis.

(2)  A practitioner may not hold a direct or economic interest in a medical cannabis organization.

(3)  A practitioner may not advertise the practitioner’s services as a practitioner who can certify a patient to receive medical cannabis.

(b)  Unprofessional conduct. — A practitioner who violates subsection (a) of this section shall not be permitted to issue certifications to patients and shall be removed from the registry.

(c)  Discipline. — In addition to any other penalty that may be imposed under this act, a violation of subsection (a) of this section or subsection (f), section three of this article shall be deemed unprofessional conduct under the West Virginia Medical Practice Act, and shall subject the practitioner to discipline by the West Virginia Board of Medicine and West Virginia Board of Osteopathic Medicine, as appropriate.