Skip to main content
Back To Top Top Back To Top
This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 1301:18-10 | Patients and Caregivers

 
 
 
Rule
Rule 1301:18-10-01 | Procedure for Patient Registration.
 

(A) An individual is mandated to register with the division of cannabis control and in accordance with this rule prior to purchasing, possessing, or administering medical cannabis.

(B) To qualify for placement on the registry, a prospective patient is to meet the following mandates:

(1) Establish and maintain a bona fide physician-patient relationship with a recommending physician;

(2) Receive a diagnosis or confirmation of a qualifying condition from the recommending physician;

(3) Submit a complete registration as outlined under paragraph (C) of this rule; and

(4) Unless otherwise provided pursuant to a reciprocal agreement under division (A) of section 3796.16 of the Revised Code, be an Ohio resident.

(C) Registration submission.

The recommending physician shall submit the following, in a manner prescribed by the division, on behalf of the patient:

(1) All of the following patient information:

(a) For a patient who is eighteen years of age or older, the following:

(i) Patient's full legal name;

(ii) Residential address;

(iii) Telephone number;

(iv) Electronic mail address;

(v) Qualifying condition(s);

(vi) The prospective patient's valid, unexpired government issued photographic identification number, evidencing that the individual is at least eighteen years of age; and

(vii) The following patient attestations:

(a) The physician has explained to the individual the possible risks and benefits associated with the use of medical cannabis;

(b) The individual consents to treatment with medical cannabis; and

(c) The individual agrees to comply with Chapters 2925., 3780., and 3796. of the Revised Code and division 1301:18 of the Administrative Code.

(b) For a patient who is a minor or an individual with a court-appointed legal guardian:

In addition to the information outlined in this rule:

(i) The prospective patient's parent or legal representative consent to treatment with medical marijuana; and

(ii) A caregiver registration submission in accordance with rule 1301:18-10-02 of the Administrative Code.

(c) Patients who become eighteen years of age during the time period in which their registration is valid may apply for a new registration either immediately or in accordance with the renewal process under paragraph (H) of this rule.

(2) The date the recommending physician issued the recommendation;

(3) Indication whether the recommendation is new or a renewal;

(4) The recommending physician's:

(a) Full legal name;

(b) Drug enforcement administration physician identification number;

(c) Medical license number issued by the state medical board;

(d) Business address;

(e) Telephone number;

(f) Electronic mail address;

(g) And the following attestation(s) if applicable:

(i) An attestation in accordance with division (A)(2) of section 3796.08 of the Revised Code; and

(ii) For a patient diagnosed with a terminal illness as defined under rule 1301:18-1-01 of the Administrative Code, the recommending physician shall execute and submit an attestation the patient has a terminal illness.

(D) A complete patient registration submission must be received by the division within ninety calendar days of the date the recommending physician issued the recommendation.

(1) If a registration submission is determined to be inaccurate or incomplete, the division will send the patient notice of the deficiency.

(2) If the deficiency is not corrected within ninety calendar days from the date that the registration was submitted by the recommending physician, the submission shall be considered a stale registration as defined by rule 1301:18-1-01 of the Administrative Code.

(E) Patient registrations are non-transferrable

(1) Patients shall not permit another person to use their patient registration.

(2) Before purchasing medical cannabis, patients must provide the dispensary employee the following:

(a) Their registry identification card; and

(b) A copy of the patient's valid, unexpired government issued photographic identification.

(3) Patients shall carry their registry identification with them whenever they are in possession of medical cannabis.

(F) Except as authorized under rule 1301:18-10-02 of the Administrative Code, a patient may not designate more than two caregivers.

(G) If a patient requests permission to change a caregiver before renewal, the patient is to do the following:

(1) Submit a change of caregiver request to 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 mandates under rule 1301:18-10-02 of the Administrative Code.

(2) The division will approve a new caregiver if the individual meets the mandates of Chapter 3796. of the Revised Code and division 1301:18 of the Administrative Code.

(H) A patient registration shall be valid from the date of issuance and expire one year later, on the last day of the month it was issued.

(1) At any time, a patient may voluntarily relinquish their patient medical cannabis registration by notifying the division in writing.

(2) The division will send a notification to each patient forty-five calendar days before the expiration date on the patient's registry identification card.

(3) Renewal submissions and required documentation may be submitted up to thirty calendar days before the registration will expire.

(4) Failure to renew a patient registration will result in an automatic expiration of the registration card.

(5) Patients shall dispose of all medical cannabis within seven calendar days of the expiration of their registration.

Last updated December 20, 2024 at 7:45 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.02, 3796.03, 3796.08
Five Year Review Date: 12/20/2029
Rule 1301:18-10-02 | Procedure for Caregiver Registration.
 

(A) An individual is mandated to register with the division in accordance with this rule prior to serving as a caregiver for a registered patient.

(B) To qualify for placement on the registry, a prospective caregiver is mandated to:

(1) Be all of the following:

(a) A natural person;

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

(c) A resident of the state of Ohio.

(d) Notwithstanding the age limitation in paragraph (B)(1)(b) 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.

(2) Not be outlined in one or more of the following databases:

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

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

(3) Identify a registered patient for whom the individual intends to serve as a caregiver; and

(4) Submit a complete caregiver registration outlined under paragraph (C) of this rule.

(C) Registration submission.

(1) The recommending physician is to submit the following, in a manner prescribed by the division, on behalf of the caregiver:

(a) The date the recommending physician issued the recommendation;

(b) Indication whether the recommendation is new or a renewal;

(c) The recommending physician's:

(i) Full legal name;

(ii) Drug enforcement administration physician identification number;

(iii) Medical license number issued by the state medical board;

(iv) Business address;

(v) Telephone number; and

(vi) Electronic mail address.

(d) All of the following caregiver information:

(i) For a patient who is eighteen years of age or older:

(a) Patient's full name;

(b) Residential address;

(c) Telephone number;

(d) Electronic mail address; and

(e) The prospective caregiver's valid, unexpired government issued photographic identification number evidencing that the individual is at least twenty-one years of age;

(f) following caregiver attestations:

(i) The physician has explained to the individual the possible risks and benefits associated with the use of medical cannabis;

(ii) The individual agrees to serve as the caregiver for the patient identified in the application;

(iii) The individual agrees to control the dosage and frequency of use of medical cannabis in accordance with the physician's recommendation; and

(iv) The individual agrees to comply with Chapters 2925. and 3796. of the Revised Code and division 1301:18 of the Administrative Code.

(ii) For a caregiver whose prospective patient is younger than eighteen years of age:

In addition to the information outlined above:

(a) The prospective caregiver is the parent or legal representative of the individual under eighteen years of age; and

(b) The parent or legal representative understands the information provided by the recommending physician and knowingly consent to use of medical cannabis by the individual under eighteen years of age.

(e) Any other information the division mandates.

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

(E) A registered caregiver may purchase, possess, and administer medical cannabis to any patient associated with the caregiver's registration.

(1) Before purchasing medical cannabis, caregivers must provide the dispensary employee the following:

(a) Their registry identification card; and

(b) A copy of the caregiver's valid, unexpired government issued photographic identification.

(2) Caregivers shall carry their registry identification with them whenever they are in possession of medical cannabis.

(F) Caregiver registrations are non-transferrable.

(G) A caregiver shall not:

(1) Allow another individual to use their caregiver registration.

(2) Purchase medical cannabis without an associated active registered patient.

(3) 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.

(4) Except as outlined under this rule, serve as a caregiver for more than two registered patients.

Upon a written request on a form in accordance with section 3796.04 of the Revised Code, the division 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 pursuant to the following requirements:

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

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

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

(d) Should a hospice provider wish to obtain an exception as outlined under this paragraph, it shall do the following:

(i) Register as caregivers all employees who will possess or administer medical cannabis in accordance with this rule; and

(ii) Notify the division when a patient with an active medical cannabis registration issued by the division is admitted to hospice pursuant to rule 3701-19-20 of the Administrative Code.

(H) A caregiver registration is valid from the date of issuance and expires one year later, on the last day of the month it was issued.

(1) At any time, a caregiver may voluntarily relinquish their caregiver medical cannabis registration by notifying the division in writing

(2) The division will send a notification to each caregiver forty-five calendar days before the expiration date on the caregiver's registry identification card.

(3) Renewal submissions and necessary documentation may be submitted up to thirty calendar days before the expiration.

(4) Failure to renew a caregiver registration will result in an automatic expiration of the registration card.

(5) Caregivers shall dispose of all medical cannabis within seven calendar days of the expiration of their registration.

Last updated December 20, 2024 at 7:45 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.02, 3796.03, 3796.08
Five Year Review Date: 12/20/2029
Rule 1301:18-10-04 | Patient and Caregiver Notification Requirements.
 

(A) Unless otherwise required by this rule, a patient or caregiver is to notify the division of cannabis control of any changes of information outlined in their registration within thirty calendar days.

(B) A patient or caregiver is to notify the division within ten calendar days of determination of any of the following:

(1) The patient or caregiver's registry identification card has been used fraudulently.

(2) The patient or caregiver's registry was accessed without authorization.

(3) After notification pursuant to this section, the division may issue a new registry identification card with a new registry number.

(C) A patient is to report to the division a conviction of any offense and/or any arrest or charges pending of a felony or misdemeanor offense under Chapter 2925. or 4729. of the Revised Code, or of an arrest or conviction in another jurisdiction that is substantially the same as a felony or misdemeanor offense under Chapter 2925. or 4729. of the Revised Code, within ten calendar days of the conviction or arrest.

(D) A caregiver is to report to the division a violation of any state or federal law or rule, regardless of jurisdiction in which such acts were committed, except for minor traffic violations such as parking violations, speeding tickets and violations such as failure to obey a red light, failure to use a turn signal or expired registration which do not need to be reported unless the offense involved operating vehicle under the influence of alcohol or a controlled substance.

(E) Upon determination by a recommending physician that a patient no longer has a diagnosis for a qualifying condition, the following mandates apply:

(1) The patient or caregiver is to notify the division in writing within fourteen calendar days of such determination.

(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.

(3) If the caregiver seeks to maintain an 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.

(F) If a patient has a caregiver, that caregiver may provide any required notification to the division on behalf of the patient.

(G) If a patient is deceased, the patient's caregiver, if applicable, legal representative, or recommending physician is to notify the division in writing. The division will deactivate a deceased patient's registration.

Last updated December 20, 2024 at 7:46 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.02, 3796.03, 3796.08
Five Year Review Date: 12/20/2029
Rule 1301:18-10-06 | Patient and Caregiver Enforcement.
 

(A) Upon determination that a patient or caregiver violated any mandates outlined under division 1301:18 of the Administrative Code, the division of cannabis control may impose any one or more of the following sanctions:

(1) Revoke, suspend, restrict, limit, or refuse to grant or renew a registration; or

(2) Reprimand or place the registrant on probation.

(B) Pursuant to division (B)(3) of section 3796.14 of the Revised Code, if the division determines that there is clear and convincing evidence that the continued dispensing or furnishing medical cannabis to the patient or caregiver or administration of medical cannabis to or by a patient, presents a danger of immediate and serious harm to oneself or to others, the division may suspend a patient or caregiver registration without a hearing.

(1) The division will follow the procedure for suspension without a prior hearing in section 119.07 of the Revised Code.

(2) The suspension shall remain in effect, unless removed by the division, until the division's final adjudication order becomes effective.

(C) If a patient's registration is suspended or revoked, the patient or caregiver shall dispose of all medical cannabis dispensed for the benefit of that patient within seven calendar days of the expiration of their registration.

Last updated December 20, 2024 at 7:46 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.02, 3796.03, 3796.08
Five Year Review Date: 12/20/2029
Rule 1301:18-10-07 | Patient Confidentiality at Adjudication Hearings.
 

(A) Notwithstanding any provision to the contrary in Chapter 119. of the Revised Code, all adjudication hearings related to a patient registration shall be closed to the public, in accordance with division (B) of section 3796.08 of the Revised Code.

(B) Documents that contain patient-identifying information are confidential. Patient-identifying information includes, but is not limited to:

(1) Patient's name;

(2) Patient's social security number;

(3) Patient's date of birth;

(4) Patient's driver's license number;

(5) Patient's home address, telephone number, email address, or any other contact information;

(6) Patient's registry card number and related information; and

(7) Any other information that can be used to identify a patient or is required to be confidential under state or federal law.

(C) For all proceedings associated with an adjudication hearing, whether related to a patient registration or not:

(1) Any confidential document, as described in paragraph (B) of this rule, may be provided to a representative of record or to a witness during the adjudication hearing but shall not be disseminated to any other person unless the patient-identifying information is redacted.

(2) Any confidential documents as described in paragraph (B) of this rule that is presented as an exhibit, whether admitted or proffered, shall either have all patient-identifying information redacted or be sealed prior to being made part of the adjudication hearing record.

(3) Any portion of a transcript that contains patient-identifying information shall be sealed and made part of the adjudication hearing record. Sealed portions of transcripts shall only be provided to the parties or as otherwise necessary to conduct an adjudication hearing or related appeal pursuant to Chapter 119. of the Revised Code.

(D) A patient may waive any of the provisions described in this rule.

(E) Nothing in this rule prevents the dissemination of public records, as defined section 149.43 of the Revised Code, so long as they have been appropriately redacted to protect patient and other confidential information.

Last updated December 20, 2024 at 7:46 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.02, 3796.03, 3796.08
Five Year Review Date: 12/20/2029
Rule 1301:18-10-08 | Release of Patient Information.
 

(A) Pursuant to division (B) of section 3796.08 of the Revised Code and division (C) of section 4729.80 of the Revised Code, records related to registered patients are confidential and are not public records subject to disclosure under section 149.43 of the Revised Code.

(B) Except as authorized under paragraph (C) of this rule, patient records may only be released via written authorization and consent by the patient.

(1) Any consent must be signed by the patient and dated.

If a patient is unable to provide written consent, consent may only be provided by the patient's caregiver or legal guardian.

(2) Any consent for disclosure is valid until rescinded by the patient.

(C) The division of cannabis control may provide information related to registered patients only as follows:

(1) The patient;

(2) The patient's designated caregiver;

(3) The certified physician who issued the recommendation to the patient;

(4) Certified or licensed health care personnel responsible for the care of the patient;

(5) Any state or local law enforcement agency conducting an investigation of a criminal violation of state or federal law;

(6) Any person that the division of cannabis control is legally required to, including upon issuance of a valid subpoena, court order, or other similar document only in a criminal matter or an equivalent juvenile matter; and

(7) A government entity responsible for the licensure, regulation, or discipline of health care professionals.

(D) In an emergency, the division may disclose the registered patient information when it is deemed to be in the best interest of the patient.

(E) Any person that receives patient information pursuant to this rule shall comply with the same requirements regarding confidentiality as those with which the division is mandated to comply, notwithstanding any conflicting provision of the Revised Code or agency procedure that applies when the agency is dealing with other information in its possession.

Last updated December 20, 2024 at 7:46 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.02, 3796.03, 3796.08
Five Year Review Date: 12/20/2029
Rule 1301:18-10-09 | Suspension of Access to Patient Information.
 

(A) Except as provided in paragraph (B) of this rule, after providing notice and affording an opportunity for a hearing in accordance with Chapter 119. of the Revised Code, the division of cannabis control 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:

(1) The person receives or releases registered patient information in violation of rule 1301:18-07-07 or 1301:18-10-08 of the Administrative Code or section 3796.08 of the Revised Code;

(2) The person's actions in another state would have constituted a violation of rule 1301:18-08-08 or 1301:18-10-08 of the Administrative Code or section 3796.08 of the Revised Code;

(3) The person fails to comply with rule 1301:18-08-08 or 1301:18-10-08 of the Administrative Code or section 3796.08 of the Revised Code, regardless of the jurisdiction in which the failure to comply occurred; and

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

(B) If the division determines that allegations regarding a person's actions warrant restricting the person from obtaining further information from the registry established by the division in accordance with section 3796.08 of the Revised Code without a prior hearing, the division may summarily impose the restriction.

The summary restriction will remain in effect, unless removed by the division, until the division's final adjudication order becomes effective.

(C) The division will determine the extent to which the person is restricted from obtaining further information from the registry established by the division in accordance with section 3796.08 of the Revised Code.

Last updated December 20, 2024 at 7:46 AM

Supplemental Information

Authorized By: 3796.03
Amplifies: 3796.02, 3796.03, 3796.08
Five Year Review Date: 12/20/2029