Current through all regulations passed and filed through September 16, 2024
(A)
Each testing
laboratory shall keep and maintain upon the licensed premises for a five-year
period true, complete, legible, and current books and records. All required
records must be made available for inspection if requested by the department.
The following records shall be maintained:
(1)
Records relating
to the disposal of excess medical marijuana and medical marijuana waste in
accordance with paragraph (E) of this rule and paragraph (D) of rule
3796:4-2-06
of the Administrative Code;
(2)
Transportation
records in accordance with rule
3796:4-2-10
of the Administrative Code;
(3)
Records of all
samples analyzed and the corresponding certificates of
analysis;
(4)
Security records in accordance with paragraph (B) of
rule
3796:4-2-07
of the Administrative Code;
(5)
Sample inventory
tracking records and sample inventory records maintained in the inventory
tracking system, as well as any records maintained by the facility outside the
inventory tracking system;
(6)
Financial records
in accordance with paragraph (C) of this rule;
(7)
Employee records
in accordance with paragraph (D) of this rule; and
(8)
Records of any
theft, loss, or other unaccountability of any medical marijuana as described in
rule
3796:5-4-01
of the Administrative Code.
(B)
A testing
laboratory may use an electronic system for the storage and retrieval of
records required by Chapter 3796. of the Revised Code or the rules promulgated
under Chapter 3796. of the Revised Code or other records relating to medical
marijuana. Any loss of electronically-maintained records shall not be
considered a mitigating factor for violations of this rule. A testing
laboratory shall use a system that:
(1)
Guarantees the confidentiality of the information
stored in the system;
(2)
Is capable of providing safeguards against erasures and
unauthorized changes in data after the information has been entered and
verified by the testing laboratory;
(3)
Is capable of
placing a litigation hold or enforcing a records retention hold for purposes of
conducting an investigation or pursuant to ongoing litigation;
and
(4)
Is capable of being reconstructed in the event of a
computer malfunction or accident resulting in the destruction of the data
bank.
(C)
A testing laboratory shall maintain financial records,
which shall include the following:
(1)
Records that clearly reflect all financial transactions
and the financial condition of the business, including contracts for services
performed or received that relate to the testing laboratory;
(2)
Purchase
invoices, bills of lading, manifests, sales records, copies of bills of sale,
and any supporting documents, including the items and/or services purchased,
from whom the items were purchased, and the date of purchase;
(3)
Bank statements
and canceled checks for all accounts relating to the testing laboratory, if
applicable; and
(4)
Accounting and tax records related to the testing
laboratory and all investors in the facility.
(D)
A testing
laboratory shall maintain employee records, which shall include the
following:
(1)
All records relating to the hiring of employees, including
applications, documentation of verification of references, and any other
related materials;
(2)
An employee log that includes the following information
for every current and former employee:
(a)
Employee name,
address, phone number, and emergency contact information;
(b)
Registration
number and access credential designation;
(c)
Date of hire and
date of separation from employment, if applicable, and the reason for the
separation;
(d)
All training, education, and disciplinary records;
and
(e)
Salary and wages paid to each employee, and any
executive compensation, bonus, benefit, or item of value paid to any individual
affiliated with any medical marijuana entity, including members of a non-profit
corporation, if any.
(E)
Medical marijuana
analysis and disposal records may be stored at the facility and shall include
all of the following:
(1)
The registered strain or product name, form, and
quantity of marijuana involved;
(2)
The date the
sample was taken from the cultivator or processor and arrived at the testing
laboratory;
(3)
The date and time of testing, transporting, or
disposing of the medical marijuana; and
(4)
If the medical
marijuana is destroyed, the testing laboratory shall maintain records in
accordance with paragraph (D) of rule
3796:4-2-06
of the Administrative Code.
