Current through all regulations passed and filed through December 16, 2024
(A) Each dispensary shall have a designated
representative at all times. The designated representative must hold a
dispensary associated key or key employee license. Maintaining a designated
representative is a continuing requirement for a certificate of
operation.
(B) The designated
representative shall be physically present at licensed dispensary premises at
least twenty hours each week and must be able to be contacted by dispensary
employees during a dispensary's hours of operation.
(C) A dispensary key employee shall be the
designated representative for no more than one dispensary location.
(D) A designated representative for a
licensed dispensary shall be responsible for:
(1) Oversight of the delivery and receipt of
medical marijuana and medical marijuana products to a dispensary;
(2) The supervision and control of medical
marijuana and medical marijuana products under the custody of a
dispensary;
(3) Adequate safeguards
of medical marijuana and medical marijuana products to assure that the sale or
other distribution of medical marijuana and medical marijuana products will
occur only by dispensary employees licensed by the state board of
pharmacy;
(4) Notifying the state
board of pharmacy within twenty-four hours of learning of a dispensary
employee's arrest for disqualifying offense;
(5) Ensuring that prompt, written notice is
provided to the state board of pharmacy, including the date of the event, when
a dispensary employee will no longer serves as an associated key employee or
key employee or is no longer employed by the dispensary;
(6) Maintaining all required dispensary
records;
(7) Ensuring that the
state board of pharmacy is immediately notified of a known or suspected theft,
diversion or loss of medical marijuana; and
(8) Maintaining a current and active medical
marijuana key employee or associated key employee license.
(E) The designated representative and all
licensed medical marijuana associated key employees, key employees, and support
employees are responsible for compliance with all state laws, regulations and
rules regulating the dispensing of medical marijuana.
(F) When there is a change of designated
representative, the state board of pharmacy shall be notified within ten
calendar days of the effective date of the appointment of a new designated
representative in a manner prescribed by the state board of pharmacy.
(1) A complete inventory shall be taken of
the medical marijuana and medical marijuana products on hand with the new
designated representative on the effective date of the change of designated
representative.
(2) The new
designated representative shall be responsible for completing and maintaining
this inventory record at the site of the dispensary.
(3) Upon separation of a designated
representative's employment, the dispensary shall reclaim the designated
representative's key employee card and promptly destroy the card.
(G) No designated representative
for a licensed medical marijuana dispensary shall:
(1) Have ever been denied a license to
prescribe, dispense, administer, supply, or sell a controlled substance by the
appropriate issuing body of any state or jurisdiction, based, in whole or in
part, on the person's inappropriate dispensing, administering, supplying or
selling a controlled substance or other dangerous drug other than medical
marijuana dispensed.
(2) Have held
a license issued by the drug enforcement administration or a state licensing
agency in any jurisdiction, under which the person may prescribe, dispense,
administer, supply or sell a controlled substance, that has ever been
restricted or surrendered, based, in whole or in part, on the person's
inappropriate prescribing, dispensing, personally furnishing, diverting,
administering, supplying, or selling a controlled substance or other dangerous
drug.
(3) Have been subject to
disciplinary action by any licensing entity that was based, in whole or in
part, on the person's inappropriate prescribing, dispensing, diverting,
administering, personally furnishing, diverting, supplying or selling a
controlled substance or other dangerous drug.