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006.02.7-21. Personnel Requirements for Dispensaries, Processors, and Cultivation Facilites.

AR ADC 006.02.7-21Arkansas Administrative CodeEffective: May 30, 2022

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 02. Alcoholic Beverage Control
Rule 7. Rules Governing the Oversight of Medical Marijuana Cultivation Facilities, Processors and Dispensaries by the Alcoholic Beverage Control Division
Effective: May 30, 2022
Ark. Admin. Code 006.02.7-21
Formerly cited as AR ADC 006.02.7-19
006.02.7-21. Personnel Requirements for Dispensaries, Processors, and Cultivation Facilites.
Currentness
21.1 Registry Identification Card Required
a. Any employee, supervisor, or agent employed by a cultivation facility or processor must have a current Registry Identification Card issued by the Division.
b. Any employee, supervisor, or agent of a dispensary and any volunteer of a dispensary must have a current Registry Identification Card issued by the Division.
c. The requirements and restrictions for the issuance of a Registry Identification Card are set forth in Section 22 of these Rules.
21.2 Hiring Procedure
a. A cultivation facility, processor, or dispensary shall provide a prospective cultivation facility agent, processor agent, or dispensary agent with a completed Notice of Intent to Hire form for submission to the Division.
b. The prospective agent may not perform any duties on behalf of the licensed facility until such time as their Registry Identification Card has been issued by the Division.
21.3 Separation of Employment
a. A cultivation facility, processor or dispensary shall notify the Division when any agent ceases to be employed by the cultivation facility, processor, or dispensary.
b. Notice of Separation of Employment shall be on a form provided by the Division, and it shall be submitted within seven (7) days of the last date of the agent's employment.
21.4 Personnel Records
a. A cultivation facility, processor, or dispensary shall keep a record of all individuals employed as cultivation facility, processor, or dispensary agents, including, but not limited to the following information:
1. Name of Employee;
2. Detailed Job Description;
3. Records of any specialized training received or acquired by the employee;
4. Date(s) of Employment;
5. Record of days worked and time off; and
6. Any disciplinary action taken against an employee and the cause therefore.
b. A licensed facility shall maintain required records for at least three (3) years after an employee ceases to work at the facility.
21.5 Dispensary Pharmacist Consultant Required
a. A dispensary shall appoint a pharmacist consultant who is a pharmacist licensed with the Arkansas State Board of Pharmacy.
b. A pharmacist consultant shall:
i. Register as a dispensary agent under this amendment and follow all procedures;
ii. Develop and provide training to other dispensary agents at least one (1) time every twelve (12) months from the initial date of the opening of the dispensary on the following subjects:
1. Guidelines for providing information to qualifying patients related to risks, benefits, and side effects associated with medical marijuana;
2. Guidelines for recognizing signs and symptoms of substance abuse; and
3. Guidelines for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana;
iii. Assist in the development and implementation of review and improvement processes for patient education and support provided by the dispensary;
iv. Provide oversight for the development and dissemination of:
1. Education materials for qualifying patients and designated caregivers that include:
a. Information about possible side effects and contraindications of medical marijuana;
b. Guidelines for notifying the physician who provided the written certification for medical marijuana if side effects or contraindications occur;
c. A description of the potential effects of differing strengths of medical marijuana strains and products;
d. Information about potential drug-to-drug interactions, including interactions with alcohol, prescription drugs, nonprescription drugs, and supplements;
e. Techniques for the use of medical marijuana and marijuana paraphernalia; and
f. Information about different methods, forms, and routes of medical marijuana administration;
2. Systems for documentation by a qualifying patient designated caregiver of the symptoms of a qualifying patient that includes a logbook, rating scale for pain and symptoms, and guidelines for a patient's self-assessment; and
3. Policies and procedures for refusing to provide medical marijuana to an individual who appears to be impaired or abusing medical marijuana; and
v. Be accessible by the dispensary or dispensary agent through:
1. Telephonic means at all times during operating hours; and
2. Telephone or video conference for a patient consultant during operating hours.
c. A dispensary shall:
i. Post signage at the check-in station of the dispensary notifying the qualifying patient, visiting patient, or caregiver of the availability of a pharmacist consultant;
ii. Provide to new qualifying patients, visiting patients, or caregivers a card containing language about a consultation with a pharmacist consultant and the contact information of the pharmacist consultant; and
iii. Post information on the website of the dispensary regarding a consultation with a pharmacist consultant, the availability of the pharmacist consultant, and the contact information of the pharmacist consultant.

Credits

Adopted July 29, 2017. Amended July 16, 2020; May 30, 2022.
Current with amendments received through February 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.02.7-21, AR ADC 006.02.7-21
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