Section R9-17-315. Qualifying Patient Records

A.      A dispensary shall ensure that:

1.        A qualifying patient record is established and maintained for each qualifying patient who obtains medical mari- juana from the dispensary;

2.        An entry in a qualifying patient record:

a.        Is recorded only by a dispensary agent authorized by dispensary policies and procedures to make an entry,

b.        Is dated and signed by the dispensary agent,

c.        Includes the dispensary agent’s registry identifica- tion number, and

d.        Is not changed to make the initial entry illegible;

3.        If an electronic signature is used to sign an entry, the dis- pensary agent whose signature the electronic code rep- resents is accountable for the use of the electronic signature;

4.        A qualifying patient record is only accessed by a dispen- sary agent authorized by dispensary policies and proce- dures to access the qualifying patient record;

5.        A qualifying patient record is provided to the Department for review upon request;

6.        A qualifying patient record is protected from loss, dam- age, or unauthorized use; and

7.        A qualifying patient record is maintained for five years from the date of the qualifying patient’s or, if applicable, the qualifying patient’s designated caregiver’s last request for medical marijuana from the dispensary.

B.       If a dispensary maintains qualifying patient records electroni- cally, the dispensary shall ensure that:

1.        There are safeguards to prevent unauthorized access, and

2.        The date and time of an entry in a qualifying patient record is recorded electronically by an internal clock.

C.      A dispensary shall ensure that the qualifying patient record for a qualifying patient who requests or whose designated care- giver on behalf of the qualifying patient requests medical mar- ijuana from the dispensary contains:

1.        Qualifying patient information that includes:

a.        The qualifying patient’s name;

b.        The qualifying patient’s date of birth; and

c.        The  name  of  the   qualifying  patient’s  designated caregiver, if applicable;

2.        Documentation of any patient education and support materials provided to the qualifying patient or the quali- fying patient’s designated caregiver, including a descrip- tion of the materials and the date the materials were provided;

3.        For each time the qualifying patient requests and does not obtain medical marijuana or, if applicable, the designated caregiver requests on behalf of the qualifying patient and does not obtain medical marijuana from the dispensary, the following:

a.        The date,

b.        The name and registry identification number of the individual who requested the medical marijuana, and

c.        The dispensary’s reason for refusing to provide the medical marijuana.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R.

734, effective April 14, 2011 (Supp. 11-2).