Current through Register No. 13, March 27, 2025
(a) An ATC shall
be required to be a not-for-profit corporation registered under RSA 292 and in
good standing with the NH secretary of state.
(b) An ATC shall operate on a not-for-profit
basis as a charitable trust pursuant to
RSA
7:19 et seq. for the benefit of qualifying
patients.
(c) An ATC shall ensure
that its property, real and personal, revenue, and expenses are managed and
controlled in furtherance of its not-for-profit purpose and that the board and
all persons delegated by the board to manage and control its property, real and
personal, revenue, and expenses shall have a fiduciary duty to benefit its
patients and further its not-for-profit purpose.
(d) All transactions, financial or otherwise,
shall be consistent with the not-for-profit provisions of RSA 126-X and for the
benefit of qualifying patients.
(e)
An ATC shall have bylaws that, at a minimum, include:
(2) Criteria for, composition of, and terms
of the board of directors, including that the board, pursuant to RSA 126-:7,
IV(a) (4) X:
a. Includes at least one
physician, advance practice registered nurse, or pharmacist licensed to
practice in New Hampshire, except that such medical professional shall not
maintain an ownership interest in the ATC;
b. Includes at least one patient qualified to
register as a qualifying patient; and
c. Consists of a majority of New Hampshire
residents;
(3)
Requirements for board meetings;
(4) Procedures for the selection and
replacement of corporate officers, their governance and duties;
(5) Provisions relative to dissolution of the
not-for profit corporation's assets, which shall ensure that they are treated
in accord with its not-for-profit purpose and for the benefit of qualifying
patients;
(6) A conflict of
interest policy governing the board and corporate officers; and
(7) A financial policy governing financial
transactions, that ensures they are in the corporation's best interest and are
consistent with the not-for-profit purpose of the corporation and
RSA
7:19-a.
(f) The ATC shall be open for business for a
sufficient number of hours to meet the needs of qualifying patients and
designated caregivers, at a minimum of 20 hours per week. Such hours shall be
posted at the ATC, published on the ATC's website if the ATC maintains a
website, and made available to local law enforcement officials upon
request.
(g) The ATC shall ensure
the presence of an ATC technician whenever a qualifying patient or designated
caregiver is in the dispensing area.
(h) At no time shall there be fewer than 2
ATC agents at each location of the registered p remises during all hours of
operation, including when the ATC is open for business and whenever the ATC's
operations require agents to be present at the registered premises, except that
an executive employee shall be allowed to be on-site at the registered
premises, on a limited basis, for a specific identified need, with the approval
of the administrator, and in accordance with the ATC's written policy including
documentation of such instances.
(i) An ATC shall have an identification
system in place for all ATC agents that meets the requirements of
He-C 402.31.
(j) An ATC shall limit access to the
registered premises to only those persons authorized to have access in
accordance with
He-C
402.24.
(k) The ATC shall post the following
documents as follows:
(1) At the dispensing
location, the current registration certificate issued in accordance with RSA
126-X, all statements of findings issued by the department in the prior year
for both the dispensing location and the cultivation location, and the hours of
operation, in a public and conspicuous area; and
(2) At the cultivation location, the current
registration certificate issued in accordance with RSA 126-X and all statements
of findings issued by the department in the prior year, for both the dispensing
location and the cultivation location, in a conspicuous area.
(l) The ATC shall immediately
report the diversion, loss, or theft of any cannabis to the appropriate law
enforcement authority and to the department.
(m) Any disciplinary action taken against an
agent pursuant to
He-C 402.09(b) (17)
shall be reported to the
department.
(n) An ATC shall submit
an incident report to the department no later than the next business day after
it discovers a reportable incident.
(o) Incident reports shall include the
following:
(1) The ATC name and contact
information;
(2) A description of
the incident, including its cause, and identification of in juries, if
applicable;
(3) The name(s) of
agents or other persons involved in the incident, if applicable;
(4) The date and time of the
incident;
(5) The action taken in
direct response to the incident;
(6) The identity of any law enforcement or
emergency personnel contacted or allowed into the registered premises as a
result of the incident; and
(7) The
signature of the person reporting the incident.
(p) The ATC shall maintain a current database
of qualifying patients and designated caregivers who have registered with the
ATC, which shall be updated to include:
(1)
The list transmitted by the department on a daily, monthly, or as-needed basis
to the ATC, which includes a list of the names, registry identification
numbers, and contact information of qualifying patients and designated
caregivers who have registered with that ATC or who are no longer registered
with that ATC; and
(2) Any other
updates provided by the department.
(q) The ATC shall submit an annual report to
the department, not later than August 1, containing the following information
for the previous state fiscal year ending on June 30:
(1) The strains of cannabis dispensed, which
shall also be categorized by the concentration of cannabinoids based on the
cannabinoid profile, for example, high and low THC and CBD strains, the forms
of prepared cannabis dispensed, and the effectiveness, as reported by the
qualifying patient or designated caregiver, of cannabis used;
(2) Satisfaction of qualifying patients with
the ATC and with the therapeutic cannabis program in general, including
information received from qualifying patients via a satisfaction survey
administered by the ATC;
(3) Any
product recalls and cannabis batches destroyed, including the date, amount, and
reasons therefor;
(4) A description
of the ATC efforts to educate qualifying patients and designated
caregivers;
(5) The annual
financial report of the ATC including:
a. The
revenue received for the sale of cannabis by the form of cannabis, either
flower or CIP, the type of CIP, and the category of cannabis based on the
concentration of cannabinoids, for example, high and low THC and CBD strains;
and
b. The expenditures,
liabilities, and monetary reserves available;
(6) A report of the total number of
qualifying patients and designated caregivers served;
(7) A description of the ATC's program for
reduced cost for qualifying patients with documented financial hardship to
include the number of qualifying patients eligible for the reduction, the
amount of the reductions, and the total amount of the discounts
provided;
(8) Information about
security issues, including an aggregate report of all reportable
incidents;
(9) Information about
best practices, including any recommendations for program
improvement;
(10) Information about
any complaints received by the ATC from qualifying patients, designated
caregivers, or the general public; and
(11) A description of the efforts and
activities of the ATC that contribute to the ATC's mission as a charitable
trust to benefit qualifying patients.
(r) Within 10 days of filing the annual
report required by
RSA
7:28 with the office of the New Hampshire
attorney general charitable trusts unit, the ATC shall file the report with the
department.
