New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 400 - THERAPEUTIC CANNABIS PROGRAM
Part He-C 402 - ALTERNATIVE TREATMENT CENTERS
Section He-C 402.09 - Policies and Procedures

Universal Citation: NH Admin Rules He-C 402.09

Current through Register No. 13, March 27, 2025

(a) Each ATC shall comply with all relevant state and local laws, rules, codes, and ordinances, as applicable.

(b) Each ATC shall develop and implement a set of detailed written operating procedures and policies governing the operation of the ATC, to include, but not be limited to, the following:

(1) Security measures in compliance with RSA 126-X, He-C 402.17(a) , and He-C 402.24;

(2) Employee security policies, including personal safety and crime prevention techniques;

(3) A description of the ATC's hours of operation and after-hours contact information, which is updated and provided to the department as changes occur, and made available to local law enforcement officials upon request;

(4) Storage of cannabis in compliance with He-C 402.17;

(5) Description of the various strains of cannabis to be cultivated and dispensed, and the types of CIP to be dispensed, subject to the following:
a. Descriptions shall also be categorized by relative cannabinoid concentration, for example, high and low THC and CBD strains and products; and

b. Brand names or commercial names of cannabis strains shall not be utilized in any public manner, including on labels or being posted on an ATC's website, social media site, or newsletters, except that such brand names or commercial names may be made available to qualifying patients and designated caregivers at the dispensary or by direct communication with the patient or caregiver, such as by phone or direct email communication;

(6) Procedures to ensure accurate recordkeeping, including inventory protocols;

(7) Plans for quality control, including procedures to avoid contaminants in compliance with He-C 402.14 through He-C 402.18;

(8) Personnel policies which govern all ATC agents, including volunteers, and which comply with He-C 402.31, and personnel records which comply with He-C 402.32;

(9) A staffing plan that will ensure staffing that covers business hours and meets operational requirements in a manner that meets the needs of qualifying patients and designated caregivers;

(10) Emergency procedures, including a disaster plan, with procedures to be followed in case of fire or other emergencies, and a plan for continuing operations in the case of such an event;

(11) A mandatory policy that prohibits the consumption of alcohol, tobacco, and illicit drugs in the workplace;

(12) A policy on the possession and use of therapeutic cannabis at the workplace by ATC agents who are qualifying patients which is consistent with the limitations established in RSA 126-:3X or which may prohibit such possession and use;

(13) A plan describing how confidential information will be maintained and the method by which release of information from a qualifying patient's record shall occur in accordance with He-C 402.25;

(14) A description of the ATC's education activities in accordance with RSA 126-X and He-C 402.21;

(15) The procedures by which the ATC determines the price it charges for cannabis, CIP, paraphernalia, and cannabis-related supplies, and a record of the prices charged, which records shall be maintained as required by He-C 402.32(a) ;

(16) Written policies and procedures for the production and distribution of cannabis and CIP, which shall include but not be limited to:
a. Methods for identifying, recording, and reporting diversion, theft, or loss, and for correcting all errors and inaccuracies in inventories;

b. A procedure for handling voluntary and mandatory recalls of cannabis. Such procedure shall be adequate to deal with recalls due to any action initiated at the request or order of the department, and any voluntary action by an ATC to remove defective or potentially defective cannabis from the market, as well as any action undertaken to promote public health and safety;

c. A procedure for ensuring that any outdated, damaged, deteriorated, mislabeled, or contaminated cannabis is segregated from other cannabis and destroyed pursuant to He-C 402.22. This procedure shall provide for written documentation of the disposition of the cannabis; and

d. Policies and procedures for the transfer, acquisition, or sale of cannabis between ATCs;

(17) A policy for the discipline of ATC agents who engage in unsafe practices with regard to the operation of the ATC, including the immediate dismissal of any agent who diverts cannabis;

(18) The applicant's plan for making cannabis, CIP, paraphernalia, and cannabis-related supplies available on an affordable basis to qualifying patients with verified financial hardship:
a. Which shall include qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance;

b. Which identifies the extent to which the plan includes other qualifying patients with verified financial hardship, and if so, the method by which financial hardship is determined;

c. Which shall include an alternate price list or percentage discount; and

d. Which shall not include an administrative fee for determining such hardship;

(19) A policy that requires ATC employees and volunteers to receive approval from the ATC's administrator, or designee, to speak at independently sponsored events, to write articles for publication, or to otherwise engage in a public manner on the subject of therapeutic cannabis, and if such approval is granted, requires the ATC agent to disclose his or her employment or relationship with the ATC and, as applicable, make clear that the event, presentation, or article is not one that is sponsored or sanctioned by the ATC and that the person does not represent the ATC;

(20) Any rule in He-C 402 that requires a policy or procedure; and

(21) Policy and procedure review, including:
a. Reviewing all policies and procedures at least annually and documenting such review; and

b. Revising them as needed.

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