935 CMR, § 500.029 - Registration and Conduct of Laboratory Agents
(1) The Commission shall issue a Laboratory
Agent Registration Card to each applicant associated as an employee or
volunteer with an Independent Testing Laboratory licensed pursuant to
935
CMR 500.050(7), or
501.029: Registration
of Independent Testing Laboratory Agents, who is determined to be
suitable for registration. All such individuals shall:
(a) Be 21 years of age or older;
(b) Have not been convicted of any felony
drug offense in the Commonwealth or a like violation of the laws of an Other
Jurisdiction;
(c) Have not been
convicted of any offense involving the distribution of controlled substances to
a minor or a like violation of the laws of an Other Jurisdiction; and
(2) An application for registration of a
Laboratory Agent submitted to the Commission by an Independent Testing
Laboratory shall include:
(a) The full name,
date of birth, and address of the individual;
(b) All aliases used previously or currently
in use by the individual, including maiden name, if any;
(c) Written acknowledgment signed by the
applicant of the limitations on his or her authorization to possess, test,
Transfer, or Process Marijuana or Marijuana Products in the
Commonwealth;
(d) A copy of the
applicant's driver's license, government-issued identification card, liquor
purchase identification card issued pursuant to M.G.L. c. 138, § 34B, or
other verifiable identity document acceptable to the Commission;
(e) An attestation signed by the applicant
that the applicant will not engage in the diversion of Marijuana and Marijuana
Products;
(f) Authorization to
obtain a full set of fingerprints, in accordance with M.G.L. c. 94G, § 21,
submitted in a form and manner as determined by the Commission; and
(g) Background information including, as
applicable:
1. A description and the relevant
dates of any criminal action under the laws of the Commonwealth, or an Other
Jurisdiction, whether for a felony or misdemeanor and which resulted in
conviction, or guilty plea, or plea of nolo contendere, or
admission of sufficient facts;
2. A
description and the relevant dates of any civil or administrative action under
the laws of the Commonwealth or an Other Jurisdiction, relating to any
professional or occupational or fraudulent practices;
3. A description and relevant dates of any
past or pending denial, suspension, or revocation of a license or registration,
or the denial of a renewal of a license or registration, for any type of
business or profession, by Other Jurisdictions;
4. A description and relevant dates of any
past discipline by, or a pending disciplinary action or unresolved complaint
by, the Commonwealth, or a like action or complaint by an Other Jurisdiction,
with regard to any professional license or registration held by the
applicant;
(h) A
nonrefundable application fee paid by the Independent Testing Laboratory with
which the Independent Testing Laboratory Agent will be associated;
and
(i) Any other information
required by the Commission.
(3) An Independent Testing Laboratory Person
Having Direct Control registered with the Massachusetts DCJIS pursuant to
803
CMR 2.04: iCORI Registration
shall submit to the Commission a CORI report and any other background check
information required by the Commission for each individual for whom the
Independent Testing Laboratory seeks a Laboratory Agent registration, obtained
within 30 calendar days prior to submission.
(4) The Commission shall conduct
fingerprint-based checks of state and national criminal history databases, as
authorized by M.G.L. c. 94G, §§ 15 and 21, and Public Law 92-544, to
determine the suitability of Laboratory Agents. As part of these checks,
fingerprints are used
(5) An
Independent Testing Laboratory shall notify the Commission no more than one
business day after a Laboratory Agent ceases to be associated with the
Independent Testing Laboratory. The Laboratory Agent's registration shall be
immediately void when the agent is no longer associated with the Independent
Testing Laboratory.
(6) A
Registration Card shall be valid for one year from the date of issue, and may
be renewed on an annual basis on a determination by the Commission that the
applicant for renewal continues to be suitable for registration based on
satisfaction of the requirements included in 935CMR 500.800 and 500.801 or
935 CMR
500.803.
(7) After obtaining a Registration Card for a
Laboratory Agent, an Independent Testing Laboratory is responsible for
notifying the Commission, in a form and manner determined by the Commission, as
soon as possible, but in any event, within five business days of any changes to
the information that the Independent Testing Laboratory was previously required
to submit to the Commission or after discovery that a Registration Card has
been lost or stolen.
(8) A
Laboratory Agent shall always carry the Registration Card associated with the
appropriate Independent Testing Laboratory while in possession of Marijuana
Products, including at all times while at an Independent Testing Laboratory, or
while transporting Marijuana or Marijuana Products.
(9) A Laboratory Agent affiliated with
multiple Independent Testing Laboratories shall be registered as a Laboratory
Agent by each Independent Testing Laboratory and shall be issued a Registration
Card for each lab.
(10) Laboratory
Agents are strictly prohibited from receiving direct or indirect financial
compensation from any Marijuana Establishment for which the Laboratory Agent is
conducting testing, other than reasonable contract fees paid for conducting the
testing in the due course of work.
(11) Laboratory Agents may not be employed by
other types of Marijuana Establishments while employed as a Laboratory Agent at
one or more Independent Testing Laboratories.
Notes
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