Ala. Admin. Code r. 538-X-8-.03 - Certified Dispensers
Medical cannabis may only be dispensed under the supervision of a certified dispenser, in accordance with the following Rules:
(1)
Definition. For purposes
of this Chapter, a certified dispenser is a managing employee of a dispensary
who has undergone training and certification as required by the Commission to
oversee the dispensing of medical cannabis to a registered qualified patient or
registered caregiver at a dispensing site.
(2) A certified dispenser must be on duty at
all times while the dispensing site is open for business; a certified dispenser
must oversee and sign off on all sales of medical cannabis as the dispensary
employee ultimately responsible for each transaction.
(3) A certified dispenser must have, at a
minimum, two years of education or experience in the fields of biology,
biochemistry, chemistry, physiology, pharmacology, medicine, medical cannabis,
nursing, pharmaceuticals, or a similar field.
(4)
Training and Continuing Education
of Certified Dispensers.
(a) Prior
to the dispensary's commencing operations or prior to beginning work, a
certified dispenser must take and pass a medical cannabis foundations training
course as required by the Commission.
(b) Annually, in addition to the Commission's
continuing education requirement for all employees a certified dispenser must
undergo not fewer than ten (10) hours of continuing education approved by the
Commission, to address proper dispensing procedures, including the requirements
of the Act and this Chapter, prevention of abuse and diversion of medical
cannabis, and other topics related to public health, safety and good business
practices relating to cannabis, medical cannabis and the dispensing
thereof.
(5) Prior to
dispensing medical cannabis, the dispensary, acting through a certified
dispenser or employee supervised by a certified dispenser, shall confirm that
the patient or caregiver holds a valid, current, unexpired, and unrevoked
medical cannabis card, and that the dispensing of medical cannabis conforms to
the type and amount recommended in the physician certification, and that the
amount recommended will not exceed the 60-day daily dosage purchasing
limit.
(6) At the time of
dispensing medical cannabis, the certified dispenser, or another dispensary
employee under the supervision of the certified dispenser, shall enter into the
patient registry and the Statewide Seed-to-Sale Tracking System, and shall
attach to the package containing the medical cannabis the following
patient-specific information:
(a) The name
and medical cannabis card number of the patient;
(b) The name and medical cannabis card number
of the caregiver, if applicable;
(c) The name and contact information of the
registered certifying physician;
(d) The amount and type of medical cannabis
being dispensed;
(e) The
physician's dosing comments and maximum daily dosage recommendation;
and
(f) The date and time the
medical cannabis was dispensed.
(7) A certified dispenser may, at the request
of the patient or caregiver, provide instructions on the proper administration
of medical cannabis, education regarding potential side effects, potential drug
interactions, or other aspects of medical cannabis. Notwithstanding the
foregoing, a certified dispenser may not offer advice regarding the safety or
effectiveness of medical cannabis, the recommended daily dosage, or type of
medical cannabis recommended by the registered certifying physician, except
that a certified dispenser may direct the patient or caregiver back to the
registered certifying physician to address questions or provide advice that the
certified dispenser cannot.
(8) At
the time required by law, the certified dispenser or another dispensary
employee acting under the supervision of the certified dispenser, must allocate
the appropriate sum for satisfaction of taxes as may be levied against the
sale.
Notes
Author: William H. Webster
Statutory Authority: Code of Ala. 1975, ยงยง 20-2A-22, as amended.
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