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
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