N.H. Code Admin. R. He-C 402.10 - Operational Requirements

Current through Register Vol. 41, No. 52, December 30, 2021

(a) An ATC shall be required to be a not-for-profit corporation registered under RSA 292 and in good standing with the NH secretary of state.
(b) An ATC shall operate on a not-for-profit basis as a charitable trust pursuant to RSA 7:19 et seq. for the benefit of qualifying patients.
(c) An ATC shall ensure that its property, real and personal, revenue, and expenses are managed and controlled in furtherance of its not-for-profit purpose and that the board and all persons delegated by the board to manage and control its property, real and personal, revenue, and expenses shall have a fiduciary duty to benefit its patients and further its not-for-profit purpose.
(d) All transactions, financial or otherwise, shall be consistent with the not-for-profit provisions of RSA 126-X and for the benefit of qualifying patients.
(e) An ATC shall have bylaws that, at a minimum, include:
(1) Mission or purpose;
(2) Criteria for, composition of, and terms of the board of directors, including that the board, pursuant to RSA 126-:7, IV(a) (4) X:
a. Includes at least one physician, advance practice registered nurse, or pharmacist licensed to practice in New Hampshire, except that such medical professional shall not maintain an ownership interest in the ATC;
b. Includes at least one patient qualified to register as a qualifying patient; and
c. Consists of a majority of New Hampshire residents;
(3) Requirements for board meetings;
(4) Procedures for the selection and replacement of corporate officers, their governance and duties;
(5) Provisions relative to dissolution of the not-for profit corporation's assets, which shall ensure that they are treated in accord with its not-for-profit purpose and for the benefit of qualifying patients;
(6) A conflict of interest policy governing the board and corporate officers; and
(7) A financial policy governing financial transactions, that ensures they are in the corporation's best interest and are consistent with the not-for-profit purpose of the corporation and RSA 7:19-a.
(f) The ATC shall be open for business for a sufficient number of hours to meet the needs of qualifying patients and designated caregivers, at a minimum of 20 hours per week. Such hours shall be posted at the ATC, published on the ATC's website if the ATC maintains a website, and made available to local law enforcement officials upon request.
(g) The ATC shall ensure the presence of an ATC technician whenever a qualifying patient or designated caregiver is in the dispensing area.
(h) At no time shall there be fewer than 2 ATC agents at each location of the registered p remises during all hours of operation, including when the ATC is open for business and whenever the ATC's operations require agents to be present at the registered premises, except that an executive employee shall be allowed to be on-site at the registered premises, on a limited basis, for a specific identified need, with the approval of the administrator, and in accordance with the ATC's written policy including documentation of such instances.
(i) An ATC shall have an identification system in place for all ATC agents that meets the requirements of He-C 402.31.
(j) An ATC shall limit access to the registered premises to only those persons authorized to have access in accordance with He-C 402.24.
(k) The ATC shall post the following documents as follows:
(1) At the dispensing location, the current registration certificate issued in accordance with RSA 126-X, all statements of findings issued by the department in the prior year for both the dispensing location and the cultivation location, and the hours of operation, in a public and conspicuous area; and
(2) At the cultivation location, the current registration certificate issued in accordance with RSA 126-X and all statements of findings issued by the department in the prior year, for both the dispensing location and the cultivation location, in a conspicuous area.
(l) The ATC shall immediately report the diversion, loss, or theft of any cannabis to the appropriate law enforcement authority and to the department.
(m) Any disciplinary action taken against an agent pursuant to He-C 402.09(b) (17) shall be reported to the department.
(n) An ATC shall submit an incident report to the department no later than the next business day after it discovers a reportable incident.
(o) Incident reports shall include the following:
(1) The ATC name and contact information;
(2) A description of the incident, including its cause, and identification of in juries, if applicable;
(3) The name(s) of agents or other persons involved in the incident, if applicable;
(4) The date and time of the incident;
(5) The action taken in direct response to the incident;
(6) The identity of any law enforcement or emergency personnel contacted or allowed into the registered premises as a result of the incident; and
(7) The signature of the person reporting the incident.
(p) The ATC shall maintain a current database of qualifying patients and designated caregivers who have registered with the ATC, which shall be updated to include:
(1) The list transmitted by the department on a daily, monthly, or as-needed basis to the ATC, which includes a list of the names, registry identification numbers, and contact information of qualifying patients and designated caregivers who have registered with that ATC or who are no longer registered with that ATC; and
(2) Any other updates provided by the department.
(q) The ATC shall submit an annual report to the department, not later than August 1, containing the following information for the previous state fiscal year ending on June 30:
(1) The strains of cannabis dispensed, which shall also be categorized by the concentration of cannabinoids based on the cannabinoid profile, for example, high and low THC and CBD strains, the forms of prepared cannabis dispensed, and the effectiveness, as reported by the qualifying patient or designated caregiver, of cannabis used;
(2) Satisfaction of qualifying patients with the ATC and with the therapeutic cannabis program in general, including information received from qualifying patients via a satisfaction survey administered by the ATC;
(3) Any product recalls and cannabis batches destroyed, including the date, amount, and reasons therefor;
(4) A description of the ATC efforts to educate qualifying patients and designated caregivers;
(5) The annual financial report of the ATC including:
a. The revenue received for the sale of cannabis by the form of cannabis, either flower or CIP, the type of CIP, and the category of cannabis based on the concentration of cannabinoids, for example, high and low THC and CBD strains; and
b. The expenditures, liabilities, and monetary reserves available;
(6) A report of the total number of qualifying patients and designated caregivers served;
(7) A description of the ATC's program for reduced cost for qualifying patients with documented financial hardship to include the number of qualifying patients eligible for the reduction, the amount of the reductions, and the total amount of the discounts provided;
(8) Information about security issues, including an aggregate report of all reportable incidents;
(9) Information about best practices, including any recommendations for program improvement;
(10) Information about any complaints received by the ATC from qualifying patients, designated caregivers, or the general public; and
(11) A description of the efforts and activities of the ATC that contribute to the ATC's mission as a charitable trust to benefit qualifying patients.
(r) Within 10 days of filing the annual report required by RSA 7:28 with the office of the New Hampshire attorney general charitable trusts unit, the ATC shall file the report with the department.


N.H. Code Admin. R. He-C 402.10
Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014. Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10961, Effective 10/23/2015, Expires 10/23/2025. Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.

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