Current through Register No. 13, March 27, 2025
(a) The ATC shall maintain all required
records for a minimum of 4 years.
(b) The ATC shall maintain a current and
accurate record for each qualifying patient and designated caregiver registered
with the ATC.
(c) At a minimum,
qualifying patient and designated caregiver records shall contain the
following:
(1) Identification data,
including:
a. The qualifying patient and
designated caregiver's name, date of birth, and registry identification
number;
b. The name, address,
registry identification number, and contact information for the qualifying
patient's designated caregiver, if applicable; and
c. The name, address and telephone number of
the qualifying patient's certifying medical provider;
(2) Dispensing documentation for each
dispensing transaction, tracked by using the qualifying patient's and
designated caregiver's registry identification number, to include:
a. The date, amounts of cannabis or CIP
dispensed, and amount charged;
b.
The form of cannabis or CIP dispensed;
c. The strain of cannabis dispensed;
and
d. Whether the cannabis was
dispensed to the qualifying patient or the designated caregiver;
(3) For qualifying patients who
are willing to provide it, the ATC shall document, by the qualifying patient's
registry identification number, any side effects and the effectiveness of the
cannabis product used;
(4)
Documentation verifying the qualifying patient's eligibility to purchase
cannabis at a reduced cost, if applicable;
(5) Documentation of educational material
provided to the qualifying patient or designated caregiver; and
(6) Documentation of any reportable incident
involving the qualifying patient or designated caregiver.
(d) Qualifying patient and designated
caregiver's records in (c) above shall be considered confidential and only be
released in accordance with
He-C 402.25 and
other applicable law.
(e)
Qualifying patient and designated caregiver's records shall be safeguarded
against loss or unauthorized use or access.
(f) Records shall be retained for 4 years
after a qualifying patient is no longer registered with the ATC, except that
when the qualifying patient is a minor, records shall be retained until the
minor reaches the age of 19, but no less than 4 years after the qualifying
patient is no longer registered with the ATC.
(g) The ATC shall arrange for storage of, and
access to, qualifying patient and designated caregiver's records as required by
(e) above in the event the ATC ceases operation.
(h) An ATC shall transfer a qualifying
patient's dispensing records to the qualifying patient's newly registered ATC
as follows:
(1) Upon department notice that
the qualifying patient has registered with a new ATC, the original ATC shall
transfer the qualifying patient's dispensing records for the 10 days prior to
the effective date of the qualifying patient's change of ATC;
(2) The original ATC shall transfer the
records in (1) above as soon as practicable, but no later than 5 business days
after receipt of the department's notice;
(3) The new ATC shall not dispense cannabis
or CIP to a transferred qualifying patient, or his or her designated caregiver,
until it has received the transfer of records in (1) above; and
(4) Upon department notice that the
qualifying patient has registered with a new ATC, and upon written
authorization from the qualifying patient or the qualifying patient's legally
authorized representative, the original ATC shall transfer all of the
qualifying patient's dispensing records as soon as practicable.
(i) The ATC shall maintain
legible, current, and accurate records for inventory tracking as required by
He-C 402.13.
(j) The ATC shall maintain legible, current,
and accurate security records as required by
He-C
402.24.
(k) The ATC shall maintain personnel records
for each ATC agent that include:
(1) The
name, address, and contact information for the agent;
(2) A photocopy of the employee's
identification badge;
(3) The
written notification from the department indicating that the agent has not been
found guilty of a felony in this or any other state and can work for or be
otherwise engaged by the ATC;
(4)
Documentation of verification of references, for employees and volunteers
only;
(5) The annual affidavit
signed by the agent stating that the agent has not been found guilty of a
felony in this or any other state;
(6) A statement signed by the agent that he
or she has received the initial orientation and copies of and training on those
elements required by
He-C 402.31(l)
, for employees and volunteers
only;
(7) A statement signed
annually by the employee and volunteer:
a.
That he or she has received annual training on the ATC policies for
confidentiality, security, and safety;
b. That he or she has received annual
training on the ATC policies and procedures that specifically relate to the
agent's job function(s); and
c.
Which includes the date, time, and place o f the training, the topics
discussed, and the name and title of the trainer.
(8) The resume or completed application for
each employee and volunteer;
(9) A
detailed job description for each ATC employee and a volunteer agreement for
each volunteer which shall include duties, authority, responsibilities,
qualifications, supervision, and physical requirements, if any;
(10) A record of any disciplinary
actions;
(11) A copy of a valid and
current driver's license if the employee transports cannabis, and proof of
insurance if the transport is to be done in the employee's own vehicle;
and
(12) Documentation of annual
performance evaluations, for employees only.
(l) Personnel records shall be kept for a
minimum of 4 years after the agent is no longer associated with the
ATC.
(m) The ATC shall maintain
documentation for all employees and volunteers of the dates and times
worked.
(n) The ATC shall maintain
documentation of any reportable incident as required by
He-C 402.10(n) and (o)
.
(o) The ATC shall maintain access
documentation in accordance with
He-C 402.24(e)
.
(p) The ATC shall maintain business records,
which shall include manual or computerized records of:
(1) Assets and liabilities;
(2) Monetary transactions;
(3) Books of accounts, which shall include
journals, ledgers, and supporting documents, agreements, checks, invoices, and
vouchers; and
(4) Salary and wages
paid to each employee, stipend paid to each board member, and any executive
compensation, bonus, benefit, or item of value paid to any individual
affiliated with an ATC, including members of the non-profit
corporation.
(q) The ATC
shall be able to document verification of compliance with all rules contained
in He C 402 capable of documentation.
