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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

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

 
 
 
Rule
Rule 3796:7-2-01 | Procedure for patient registration.
 

(A) Before medical marijuana may be dispensed to or for, possessed by or for, or administered by or for a prospective patient, the prospective patient must be placed on the registry established by the state board of pharmacy in accordance with section 3796.08 of the Revised Code.

(B) To qualify for placement on the registry, a prospective patient must:

(1) Establish and maintain a bona fide physician-patient relationship with a recommending physician who shall submit a complete patient registration submission;

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

(3) Consent to treatment with medical marijuana. If the patient is a minor or individual with a court-appointed legal guardian, the prospective patients parent or legal representative shall consent to treatment with medical marijuana;

(4) Remit to the state board of pharmacy the required fee; and

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

(C) A physician with whom a prospective patient has a bona fide physician-patient relationship, or, subject to the limitations under section 3796.08 of the Revised Code, the physicians delegate, shall submit the patient registration. For a registration submission, related to a patient who is eighteen years of age or older, to be considered complete, a completed recommendation from a physician, applicable patient registration fee, and the following items must be submitted to the state board of pharmacy in a manner suitable to the board:

(1) Patient's full name, residential address, telephone number, date of birth, electronic mail address, and qualifying condition(s);

(2) Patients government-issued identification number (such as drivers license number). Patients and caregivers must present a recommending physician with an unexpired drivers license, other identification issued by the Ohio bureau of motor vehicles (BMV) or other identification proving Ohio residency as approved by the board of pharmacy;

(3) Recommending physicians full name (first name and last name);

(4) Drug enforcement administration physician identification number and medical license number issued by the state medical board;

(5) Date recommendation was issued by the recommending physician;

(6) Recommending physicians business address, telephone number, and email address;

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

(8) The following patient attestations:

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

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

(c) The individual agrees to comply with Chapters 2925. and 3796. of the Revised Code and this division.

(9) An attestation from the recommending physician in accordance with division (A)(2) of section 3796.08 of the Revised Code; and

(10) Such other information as the state board of pharmacy may reasonably require.

(D) If a prospective patient is younger than eighteen years of age or has a court-appointed legal guardian, a patient registration submission must be accompanied by a caregiver registration submission in accordance with rule 3796:7-2-03 of the Administrative Code, before it will be considered complete. 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 (K) of this rule. A submission from a patient that includes all information found in paragraph (C) of this rule, shall be considered complete.

(E) A complete patient registration submission must be received by the state board of pharmacy within ninety calendar days of the date on which the recommendation was created by the prospective patients recommending physician. Failure to comply with this requirement will void the recommendation and the persons registration shall be deemed abandoned.

(F) To qualify for registration as a patient diagnosed with a terminal illness, the prospective patients registration submission shall include with the registration submission, an attestation specifying that the patient has a terminal illness, submitted by the patients recommending physician.

(G) If a registration submission is determined to be inaccurate or incomplete, the state board of pharmacy shall send the prospective patient notice of the deficiency. If the deficiency is not corrected within ninety calendar days from the date that the registration was submitted by a physician, the submission shall be considered abandoned.

(H) Prospective patients must provide proof of Ohio residency to their recommending physician or the physicians delegate during the physicians initiation of the registration submission process. Proof of Ohio residency shall include one of the following:

(1) The prospective patients unexpired Ohio drivers license;

(2) The prospective patients 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 of pharmacy.

(I) 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.

(J) The state board of pharmacy shall send a notification to each patient forty-five calendar days before the expiration date on the patients registry identification card.

(K) To maintain a valid patient registration, a patient must annually renew, before the expiration date stated on the patients registry identification, a patient registration, in accordance with this rule. Renewal submissions, fees, and required documentation may be submitted up to thirty calendar days before the registration will expire. Failure to renew a patient registration will result in an automatic expiration of the registration card.

Last updated September 20, 2022 at 9:59 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.08, 3796.16
Five Year Review Date: 9/20/2027
Rule 3796:7-2-02 | Caregiver eligibility.
 

(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 patients 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 patients 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 physicians 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 patients recommending physician shall not serve as the patients 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
Prior Effective Dates: 9/8/2017
Rule 3796:7-2-03 | Procedure for caregiver registration.
 

(A) Caregivers who are registered in accordance with section 3796.08 of the Revised Code may possess medical marijuana and administer it to patients with whom the caregivers registration is associated.

(B) An individual who meets the caregiver eligibility requirements under rule 3796:7-2-02 of the Administrative Code may be registered as a caregiver if the following are submitted to the state board of pharmacy in a manner suitable to the board:

(1) Identification of a patient who is registered or attempting to register as a patient pursuant to rule 3796:7-2-01 of the Administrative Code and for whom the individual intends to serve as a caregiver;

(2) Completed caregiver registration submission in accordance with paragraph (C) of this rule; and

(3) Required fee.

(C) The recommending physician with whom the patient or prospective patient has a bona fide physician-patient relationship, or the physicians delegate, shall submit the caregiver registration. For a registration submission to be considered complete, the applicable caregiver registration fee and the following items must be submitted to the state board of pharmacy in a manner suitable to the board:

(1) Caregivers full name, caregiver residential address, caregiver telephone number, caregiver date of birth, caregiver electronic mail address;

(2) Caregivers government-issued identification number and proof of Ohio residency, unless approved pursuant to paragraph (F) of rule 3796:7-2-02 of the Administrative Code;

(3) Associated patient name;

(4) Associated patient registration number issued by the state board of pharmacy, if available;

(5) Recommending physicians full name (first name and last name);

(6) Drug enforcement administration physician identification number;

(7) Recommending physicians medical license number issued by the state medical board;

(8) Date recommendation was issued by the recommending physician;

(9) Recommending physicians business address, telephone number, and email address;

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

(11) Such other information as the state board of pharmacy may reasonably require.

(D) All prospective caregivers shall attest to the following:

(1) The physician has explained to the caregiver the possible risks and benefits associated with the use of medical marijuana;

(2) The individual agrees to serve as the caregiver for the patient identified on their registry submission;

(3) The individual agrees to control the dosage and frequency of the use of medical marijuana in accordance with any instruction for use provided by the physician; and

(4) The individual agrees to comply with Chapters 2925. and 3796. of the Revised Code and this division.

(E) A prospective caregiver for a patient younger than eighteen years of age shall be:

(1) An Ohio resident, unless authorized pursuant to a reciprocity agreement established pursuant to section 3796.16 of the Revised Code;

(2) The patients parent or legal representative; and

(3) Shall attest in accordance with paragraph (D) of this rule and to the following:

(a) That 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 physician and knowingly consents to the use of medical marijuana by the individual under eighteen years of age.

(F) To be eligible for an exception under paragraph (F)(2) of rule 3796:7-2-02 of the Administrative Code, a hospice provider shall:

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

(2) Notify the state board of pharmacy when a patient with an active medical marijuana registration issued by the board is admitted to hospice pursuant to rule 3701-19-20 of the Administrative Code.

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

(H) The state board of pharmacy shall send a notification to each caregiver forty-five calendar days before the expiration date on the caregivers registry identification card.

(I) To maintain a valid caregiver registration, a caregiver must annually renew, before the expiration date stated on the caregivers registry identification, a caregiver registration submission, in accordance with this rule. Renewal applications, fees, and required documentation may be submitted up to thirty calendar days before the caregiver registration will expire.

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.
 

(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 drivers 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 caregivers 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 patients ninety-day recommendation shall be divided into two forty-five-day fill periods, except that the first fill period of a patients 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 patients 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 caregivers 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
Rule 3796:7-2-05 | Patient and caregiver registry - generally.
 

(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 patients or caregivers 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 patients registration is suspended or revoked, or if a patients 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.
 

(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 patients 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 caregivers registration, the caregiver shall:

(1) Notify the state board of pharmacy, in writing, of the patients 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 3796:7-2-07 | Duty to report.
 

(A) A patient or caregiver must notify the state board of pharmacy within ten calendar days of learning that the patient or caregivers registry identification card has been used fraudulently. After notification of the fraudulent use of a registry identification card, the state board of pharmacy may issue a new registry identification card with a new registry number.

(B) A patient or caregiver must notify the state board of pharmacy within ten calendar days of learning that the patient or caregivers registry was accessed without authorization. After notification of the unauthorized access, the state board of pharmacy may issue a new registry identification card with a new registry number.

(C) A patient or caregiver must notify the state board of pharmacy, in a manner suitable to the board, of any change in the information, other than a change in qualifying condition, previously provided to the board in accordance with rule 3796:7-2-01 of the Administrative Code not later than thirty calendar days after such change.

(D) If a patient is deceased, the patients caregiver, if any, or a legal representative of the patient shall notify the state board of pharmacy. A deceased patient's registration shall be deactivated at the request of the patient's:

(1) Caregiver or legal representative; or

(2) Recommending physician.

(E) A patient shall report to the state board of pharmacy 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.

(F) A caregiver shall report to the state board of pharmacy 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. Acts in accordance to Chapter 3796. of the Revised Code and this division that constitute a violation of federal law shall not be reported.

(G) If a patient has a caregiver, that caregiver may provide any required notification to the state board of pharmacy on behalf of the patient using the same forms and process in accordance with section 3796.04 of the Revised Code.

Last updated September 6, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04 , 3796.08
Five Year Review Date: 9/5/2027
Rule 3796:7-2-08 | Grounds for discipline.
 

(A) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may revoke or impose any one or more of the following sanctions on a patient or caregiver if the board finds the individual engaged in any of the conduct set forth in paragraph (B) of this rule:

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

(2) Reprimand or place the registrant on probation, or refuse to grant an identification card.

(B) The board may impose the sanctions listed in paragraph (A) of this rule if the board finds:

(1) The patient or caregiver applicant or registrant fails to meet the requirements set forth in Chapter 3796. of the Revised Code or this division;

(2) Any information provided to the state board of pharmacy by the patient or caregiver was false or misleading;

(3) The prospective patients or caregivers registration submission has been previously revoked;

(4) The prospective patient or caregiver has had a patient or caregiver registration previously suspended or denied;

(5) The applicant is a prospective caregiver who is already registered to serve as a caregiver for two patients;

(6) The caregivers sole patient has had their patient registration suspended, revoked, or inactivated and the caregiver has not voluntarily relinquished their caregiver registration;

(7) The prospective caregiver is attempting to register to serve as a caregiver for a patient whose registration has been denied or suspended;

(8) The patient obtained more than a ninety-day supply of medical marijuana in a ninety-day period. A ninety-day supply includes the aggregate amount of medical marijuana obtained by a patient and all of the patients caregivers;

(9) The caregiver obtained more than a ninety-day supply of marijuana in a ninety-day period on behalf of a single patient;

(10) The patient is no longer diagnosed with a qualifying condition and the patient or caregiver did not voluntarily relinquish the patients registration;

(11) The patient or caregiver failed to report any changes in any information related to the patient or caregiver, other than a change in medical condition, required to be provided under rule 3796:7-2-01 of the Administrative Code, within thirty calendar days;

(12) The patient or caregiver failed to report knowledge of conduct in violation of the medical marijuana control program;

(13) The patient or caregiver used or maintained medical marijuana in a manner that put others at risk or failed to take reasonable precautions to avoid putting others at risk;

(14) The patient or caregiver sold marijuana to any other person, including other patients or caregivers;

(15) The patient or caregiver allowed another to use the patient or caregivers registration identification card;

(16) The patient or caregivers medical marijuana registration was accessed by a person without authorization and the patient or caregiver did not notify the state board of pharmacy within seven days of learning that the registry was accessed without authorization;

(17) The patient consumed medical marijuana using a method of administration that is not permitted under Chapter 3796. of the Revised Code or this division;

(18) A caregiver administered medical marijuana to a patient using a method of administration that is not permitted under Chapter 3796. of the Revised Code or this division;

(19) The patient or caregiver allowed medical marijuana to be consumed in a place where consumption is prohibited under Chapter 3796. of the Revised Code or this division;

(20) The patient or caregiver tampered, falsified, altered, modified or allowed another person to tamper, falsify, alter or modify, a patient or caregiver registry identification card;

(21) The patient operated a vehicle, streetcar, trackless trolley, watercraft, or aircraft under the influence of medical marijuana;

(22) The patient or caregiver grew or cultivated medical marijuana contrary to paragraph (B) of rule 3796:7-2-05 of the Administrative Code;

(23) The patient or caregiver knowingly misrepresented any fact or circumstances related to the medical use of marijuana to the state board of pharmacy, law enforcement, recommending physician, or a dispensary employee;

(24) The patient or caregivers medical marijuana registry identification card has been fraudulently used and the patient or caregiver did not notify the state board of pharmacy within ten calendar days of learning that the card was fraudulently used;

(25) The patient or caregiver violated, conspired to violate, attempted to violate, or aided and abetted the violation of any of the provisions of Chapter 2925., 3715., 3719., 3796., or 4729. of the Revised Code, or of any rule adopted by the board under those provisions; or

(26) The patient or caregiver violated any state or federal law or rule, regardless of jurisdiction in which 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. Acts in accordance with Chapter 3796. of the Revised Code and this division that constitute a violation of federal law shall not be considered as grounds for discipline.

Last updated September 6, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.08
Five Year Review Date: 9/5/2027
Rule 3796:7-2-09 | Suspension of a patient or caregiver registration without a hearing.
 

(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 boards 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
Rule 3796:7-2-10 | Confidentiality of patient-identifying information 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;

(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 September 6, 2022 at 8:36 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.04, 3796.08
Five Year Review Date: 9/5/2027
Prior Effective Dates: 9/8/2017
Rule 3796:7-2-11 | Release of registered patient information maintained by the state board of pharmacy.
 

(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. The state board of pharmacy is authorized or required to provide information related to registered patients only as follows:

(1) The patient or that patient's designated caregiver;

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

(3) Certified or licensed health care personnel who is responsible for the care of the patient;

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

(5) Any person that the state board of pharmacy 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;

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

(7) Any person, other than those listed in paragraphs (A)(1) to (A)(6) of this rule, only when the patient has given consent for such disclosure in writing, except where a patient is unable to deliver written consent, in which case, written consent must be provided by the patient's caregiver or legal guardian.

(a) Any consent must be signed by the patient or caregiver and dated.

(b) Any consent for disclosure is valid until rescinded by the patient or caregiver.

(c) In an emergency, the state board of pharmacy may disclose the registered patient information when it is deemed to be in the best interest of the patient.

(B) Any person that receives patient information pursuant to paragraphs (A)(4) to (A)(6) of this rule shall comply with the same requirements regarding confidentiality as those with which the state board of pharmacy must 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 September 6, 2022 at 8:37 AM

Supplemental Information

Authorized By: 3796.04
Amplifies: 3796.08
Five Year Review Date: 9/5/2027
Rule 3796:7-2-12 | Suspension of Access to Patient Information.
 

(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