Chapter 3796:7-2 | Registration of Patients and Caregivers

Rule 3796:7-2-02 | Caregiver eligibility.

• Effective: September 5, 2022
• Promulgated Under: 119.03

(A) Unless otherwise approved by the board, or provided in paragraph (B) of this rule, in order to be eligible to serve a qualifying patient, a caregiver must be:

(1) A natural person;

(2) At least twenty-one years of age or older;

(3) A resident of the state of Ohio.

(B) Notwithstanding the age limitation in paragraph (A) of this rule, the parent of a minor patient who is eighteen years of age or older and who otherwise meets the requirements of Chapter 3796. of the Revised Code and this division, may serve as the minor patient's caregiver.

(C) No person shall serve as a caregiver for any patient before registering with the state board of pharmacy in accordance with rule 3796:7-2-03 of the Administrative Code.

(D) A patient shall designate no more than two caregivers. The state board of pharmacy shall register no more than two caregivers for each patient.

(E) An individual shall serve as a caregiver for no more than two patients. Except as provided in paragraph (F) of this rule, the state board of pharmacy shall associate no more than two patients for each caregiver.

(F) Upon a written request on a form in accordance with section 3796.04 of the Revised Code, the state board of pharmacy may, in its discretion, permit an individual to serve as a caregiver for more than two patients, permit a patient to designate more than two caregivers, and permit an individual who is not a resident of the state of Ohio to serve as a caregiver:

(1) In order to avoid unnecessary hardship to the patient or patients;

(2) Where the patient's care is being provided in a hospice program licensed under Chapter 3712. of the Revised Code; or

(3) Where the caregiver is simultaneously caring for multiple patients who reside in the same household as the caregiver.

(G) If a patient requests permission to change a caregiver before renewal, the patient shall cause a change of caregiver request to be submitted by the recommending physician, or, subject to the limitations under section 3796.08 of the Revised Code, the physician's delegate, who shall set forth the reasons the patient seeks to change caregivers and conform with the caregiver registration requirements under rule 3796:7-2-03 of the Administrative Code. The state board of pharmacy shall approve a new caregiver only if such individual meets the requirements of Chapter 3796. of the Revised Code and this division.

(H) A patient's recommending physician shall not serve as the patient's caregiver.

(I) The state board of pharmacy shall deny a submission for a caregiver registration if the individual identified on the submission is included in one or more of the following databases:

(1) The system for award management (SAM) maintained by the United States general services administration;

(2) The list of excluded individuals and entities maintained by the office of inspector general in the United States department of health and human services pursuant to 42 U.S.C. part 1320a-7 (as effective on January 3, 2017) and 42 U.S.C. part 1320c-5 (as effective on January 3, 2017);

(3) The Ohio department of developmental disabilities (DODD) online abuser registry established under section 5123.52 of the Revised Code;

(4) The internet-based sex offender and child-victim offender database established under division (A)(11) of section 2950.13 of the Revised Code;

(5) The national sex offender public website established under 18 United States Code 16918;

(6) The internet-based database of department of rehabilitation and correction inmates established under section 5120.66 of the Revised Code; or

(7) The state nurse aide registry established under section 3721.32 of the Revised Code, and there is a statement detailing findings by the director of health that the provider applicant or employee neglected or abused a long-term care facility or residential care facility resident or misappropriated property of such a resident.

(8) The Ohio medicaid provider exclusion and suspension list found at: http://medicaid.ohio.gov.

(J) Prior to receiving approval to serve as a caregiver, an individual who is not a resident of the state of Ohio must provide any information sought by the board in order for it to confirm that that individual is not included in a substantially similar database to any of those listed in paragraph (I) of this rule that may be maintained by the state in which that individual is a resident. Failure to do so will result in a denial of their written request submitted pursuant to paragraph (F) of this rule.

Last updated September 6, 2022 at 8:35 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04 , 3796.08
Five Year Review Date: 9/5/2027

Rule 3796:7-2-04 | Purchase of medical marijuana.

• Effective: February 14, 2022
• Promulgated Under: 119.03

(A) A patient or caregiver may only purchase medical marijuana pursuant to a valid and active recommendation issued by a physician pursuant to rule 4731-32-03 of the Administrative Code.

(B) No patient under eighteen years of age shall purchase medical marijuana.

(C) Patients and caregivers must provide their registry identification card and identification before entering the dispensary department. Acceptable identification includes:

(1) An unexpired Ohio driver's license;

(2) An unexpired Ohio identification card issued by the Ohio bureau of motor vehicles (BMV); or

(3) Any other identification proving residency as approved by the board.

(D) The identification number on the identification provided to a dispensary employee must be identical to the identification number included in the patient or caregiver's registration record.

(E) Before purchasing medical marijuana, patients and caregivers must provide the dispensing employee their registry identification card and identification described in paragraph (C) of this rule.

(F) A patient's ninety-day recommendation shall be divided into two forty-five-day fill periods, except that the first fill period of a patient's new recommendation shall be forty-six days. A patient may purchase up to a forty-five-day supply or, if applicable a forty-six-day supply for the first fill period of a new recommendation, at any time during a fill period.

(G) Except as provided in paragraph (G)(1) of this rule, a caregiver may obtain no more than a forty-five day supply of medical marijuana in any forty-five day fill period on behalf of a single patient.

(1) A caregiver may purchase up to a forty-six-day supply in a forty-six-day period on behalf of a single patient during the patient's first fill period of a new recommendation.

(2) A caregiver shall purchase no more than the aggregate amount of medical marijuana authorized for each of the caregiver's patients.

Last updated September 20, 2022 at 9:59 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.08, 3796.22, 3796.23
Five Year Review Date: 9/20/2027
Prior Effective Dates: 9/8/2017

Rule 3796:7-2-05 | Patient and caregiver registry - generally.

• Effective: September 8, 2017
• Promulgated Under: 119.03

(A) Patient and caregiver registrations are non-transferrable.

(B) Patients and caregivers shall not engage in the cultivation of medical marijuana or the manufacture of medical marijuana extract, unless authorized pursuant to rule 3796:5-2-01 of the Administrative Code and such cultivating or manufacturing is performed in compliance with rules promulgated by the department pursuant to section 3796.03 of the Revised Code.

(C) No patient or caregiver shall accept free samples of medical marijuana.

(D) Patients and caregivers shall purchase medical marijuana only from a medical marijuana dispensary with an active certificate of operation issued by the state board of pharmacy, or where authorized pursuant to a reciprocity agreement established pursuant to section 3796.16 of the Revised Code.

(E) Patients and caregivers shall store medical marijuana in a secure location so as to prevent theft, loss, or access by persons not authorized under this division.

(F) Patients and caregivers shall carry their registry identification with them whenever they are in possession of medical marijuana. No more than a ninety day supply of medical marijuana may be possessed by or on behalf of a single patient at any time.

(G) Medical marijuana shall be maintained in on one of the following containers at all times until administered to or by a patient:

(1) The original dispensing package with an unaltered dispensary label in accordance with rule 3796:6-3-09 of the Administrative Code; or

(2) The container provided by a dispensary in accordance with paragraph (G) of rule 3796:6-3-01 of the Administrative Code.

(H) Medical marijuana shall not be possessed or administered on federal property or in federal buildings.

(I) Medical marijuana shall not be possessed or administered at any public or private place where medical marijuana is prohibited.

(J) No patient shall operate a vehicle, streetcar, trackless trolley, watercraft, or aircraft under the influence of medical marijuana.

(K) A caregiver shall not receive payment or other compensation for services provided as a caregiver other than reimbursement for reasonable expenses incurred in the provision of services as a caregiver. In the case of an employee of a hospice provider, nursing facility, or medical facility, or a visiting nurse, personal care attendant, or home health aide serving as a caregiver, the individual shall not receive payment or compensation above or beyond his or her regular wages.

(L) The state board of pharmacy shall notify patients and caregivers upon the expiration of the patient's or caregiver's registration. Patients and caregivers shall dispose of all medical marijuana within seven calendar days of the expiration of their registration. Acceptable methods for the dispossession of medical marijuana shall be available at www.medicalmarijuana.ohio.gov.

(M) If a patient's registration is suspended or revoked, or if a patient's registration lapses, the patient or caregiver shall dispose of all medical marijuana dispensed for the benefit of that patient within seven calendar days of the expiration of their registration. Acceptable methods for the dispossession of medical marijuana shall be available at www.medicalmarijuana.ohio.gov.

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.16, 3796.22
Five Year Review Date: 9/7/2023

Rule 3796:7-2-06 | Voluntary relinquishment of a medical marijuana registration.

• Effective: September 8, 2017
• Promulgated Under: 119.03

(A) At any time, a patient or caregiver may voluntarily relinquish their patient or caregiver medical marijuana registration by notifying the state board of pharmacy in writing.

(B) A patient or caregiver shall, within fourteen calendar days of learning from a recommending physician that the patient no longer has a diagnosis of a qualifying condition:

(1) Notify the state board of pharmacy, in writing, of the patient's voluntary registration relinquishment; or

(2) If the patient seeks to maintain an active patient registration, request in writing, a hearing in accordance with Chapter 119. of the Revised Code, seeking authorization to maintain an active patient registration.

(C) Medical marijuana shall not be purchased or otherwise obtained without an active recommendation from a recommending physician. A patient who maintains an active registration in accordance with Chapter 3796. of the Revised Code and this division, but whose recommendation has been suspended, shall be authorized only to possess and administer medical marijuana lawfully obtained pursuant to Chapter 3796. of the Revised Code and this division.

(D) If the voluntary relinquishment of a medical marijuana patient registration, or a decision by the board to inactivate a patient registration, will cause a caregiver to no longer have a patient associated with the caregiver's registration, the caregiver shall:

(1) Notify the state board of pharmacy, in writing, of the patient's voluntary registration relinquishment; or

(2) If the caregiver seeks to maintain active caregiver registration, request in writing, a hearing in accordance with Chapter 119. of the Revised Code, seeking authorization to maintain an active caregiver registration.

(E) A caregiver shall not purchase medical marijuana without an associated patient who has an active registration. A caregiver who maintains an active registration in accordance with Chapter 3796. of the Revised Code and this division, shall be authorized only to possess medical marijuana and administer medical marijuana lawfully obtained pursuant to this division to the patient for whom the medical marijuana was purchased.

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.08
Five Year Review Date: 9/7/2023

Rule 3796:7-2-09 | Suspension of a patient or caregiver registration without a hearing.

• Effective: September 5, 2022
• Promulgated Under: 119.03

(A) Pursuant to division (B)(3) of section 3796.14 of the Revised Code, if the board determines that there is clear and convincing evidence that the continued dispensing or furnishing medical marijuana to the patient or caregiver or administration of medical marijuana to or by a patient, presents a danger of immediate and serious harm to oneself or to others, the state board of pharmacy may suspend a patient or caregiver registration without a hearing. The board may suspend a patient or caregiver registration utilizing a telephone conference call to review the allegations and take a vote.

(B) The board shall follow the procedure for suspension without a prior hearing in section 119.07 of the Revised Code. The suspension shall remain in effect, unless removed by the board, until the board's final adjudication order becomes effective, except that if the board does not issue its final adjudication order within ninety days after the hearing the suspension shall be void ninety-one days after the hearing.

Last updated September 6, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.08, 3796.14
Five Year Review Date: 9/5/2027
Prior Effective Dates: 9/8/2017

Rule 3796:7-2-12 | Suspension of access to patient information.

• Effective: September 5, 2022
• Promulgated Under: 119.03

(A)

(1) Except as provided in paragraph (A)(2) of this rule, after providing notice and affording an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, the state board of pharmacy may restrict a person from obtaining information from the registry established in accordance with section 3796.08 of the Revised Code if any of the following is the case:

(a) The person receives or releases registered patient information in violation of rule 3796:6-3-18 or 3796:7-2-11 of the Administrative Code or section 3796.08 of the Revised Code;

(b) The person's actions in another state would have constituted a violation of rule 3796:6-3-18 or 3796:7-2-11 of the Administrative Code or section 3796.08 of the Revised Code;

(c) The person fails to comply with rule 3796:6-3-18 or 3796:7-2-11 of the Administrative Code or section 3796.08 of the Revised Code, regardless of the jurisdiction in which the failure to comply occurred;

(d) The person creates, by clear and convincing evidence, a threat to the security of information contained in the registry.

(2) If the state board of pharmacy determines that allegations regarding a person's actions warrant restricting the person from obtaining further information from the registry established by the state board of pharmacy in accordance with section 3796.08 of the Revised Code without a prior hearing, the state board of pharmacy may summarily impose the restriction. A telephone conference call may be used for reviewing the allegations and taking a vote on the summary restriction. The summary restriction shall remain in effect, unless removed by the state board of pharmacy, until the state board of pharmacy's final adjudication order becomes effective.

(3) The state board of pharmacy shall determine the extent to which the person is restricted from obtaining further information from the registry established by the state board of pharmacy in accordance with section 3796.08 of the Revised Code.

Last updated September 6, 2022 at 8:37 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.08
Five Year Review Date: 9/5/2027