N.M. Admin. Code § 6.12.10.9 - PRIMARY CAREGIVER

School districts and charter schools' policies and procedures regarding primary caregivers' responsibilities shall address a primary caregiver's duty to:

A. Demonstrate evidence to the school that the student is authorized as a qualified patient pursuant to the Lynn and Erin Compassionate Use Act.

B. Provide a written certification.

C. provide a written treatment plan, using the written treatment form posted on the department's website.

D. Submit a written release of liability that:

(1) releases from civil liability the following persons and entities for acting in accordance with the provisions of Section 22-33-5 NMSA 1978 and this rule, as well as the Lynn and Erin Compassionate Use Act and applicable department of health rules:

(a) school districts, school district personnel and volunteers, schools, school personnel and volunteers, local school boards, and local school board members; and

(b) charter schools, charter school personnel and volunteers, governing bodies of charter schools, and governing body members;

(2) releases the persons and entities listed in Subparagraph (a) of Paragraph (4) of Section B of 6.12.10.9 NMAC, above, from any liability and reimbursement claims for costs associated with accidental spillage or waste of medical cannabis; and

(3) acknowledge that the qualified student shall not be entitled to the implementation of the provisions of Section 22-33-5 NMSA 1978 and this rule, as well as the Lynn and Erin Compassionate Use Act and applicable department of health rules, outside of this state.

E. Submit to the school a signed Health Insurance Portability and Accountability Act (HIPAA) authorization, using the HIPAA authorization form posted on the New Mexico department of health's website, that permits the school to obtain current information from the department of health regarding the enrollment status of the qualified student in the department of health's medical cannabis program. The HIPAA authorization form shall be retained as a medical record.

F. Indicate that a written certification and a written treatment plan shall be valid for no more than one year from the date of issuance and shall be presented to the school at, or prior to, the beginning of the school year for which the written certification and written treatment plan shall apply.

G. Pick up from the designated school personnel any unused medical cannabis at the end of each school year or upon disenrollment, withdrawal, transfer, or graduation of the qualified student, whichever occurs first.

H. Provide the written certification and a written treatment plan, a new release from liability, and a new package or container with clearly labeled identifiers including the qualified student's name, date of birth, and dosage allotment, upon enrollment in a new public school following disenrollment, withdrawal, transfer, or graduation from another school.

Notes

N.M. Admin. Code § 6.12.10.9

Adopted by New Mexico Register, Volume XXX, Issue 16, August 27, 2019, eff. 8/27/2019