Ohio Admin. Code 1301:18-10-02 - Procedure for caregiver registration
(A)
An individual is mandated to register with the division
in accordance with this rule prior to serving as a caregiver for a registered
patient.
(B)
To qualify for placement on the registry, a prospective
caregiver is mandated to:
(1)
Be all of the following:
(a)
A natural
person;
(b)
At least twenty-one years of age or older;
and
(c)
A resident of the state of Ohio.
(d)
Notwithstanding
the age limitation in paragraph (B)(1)(b) of this rule, the parent of a minor
patient who is eighteen years of age or older and who otherwise meets the
requirements of Chapter 3796. of the Revised Code and this division, may serve
as the minor patient's caregiver.
(2)
Not be outlined
in one or more of the following databases:
(a)
The
internet-based database of department of rehabilitation and correction inmates
established under section
5120.66 of the Revised Code;
or
(b)
The Ohio medicaid provider exclusion and suspension
list found at:
http://medicaid.ohio.gov
.
(3)
Identify a
registered patient for whom the individual intends to serve as a caregiver;
and
(4)
Submit a complete caregiver registration outlined under
paragraph (C) of this rule.
(C)
Registration
submission.
(1)
The recommending physician is to submit the following, in a
manner prescribed by the division, on behalf of the caregiver:
(a)
The date the
recommending physician issued the recommendation;
(b)
Indication
whether the recommendation is new or a renewal;
(c)
The recommending
physician's:
(i)
Full legal name;
(ii)
Drug enforcement
administration physician identification number;
(iii)
Medical license
number issued by the state medical board;
(iv)
Business
address;
(v)
Telephone number; and
(vi)
Electronic mail
address.
(d)
All of the following caregiver information:
(i)
For a patient who
is eighteen years of age or older:
(a)
Patient's full name;
(b)
Residential
address;
(c)
Telephone number;
(d)
Electronic mail
address; and
(e)
The prospective caregiver's valid, unexpired government
issued photographic identification number evidencing that the individual is at
least twenty-one years of age;
(f)
following
caregiver attestations:
(i)
The physician has explained to the individual the
possible risks and benefits associated with the use of medical
cannabis;
(ii)
The individual agrees to serve as the caregiver for the
patient identified in the application;
(iii)
The individual
agrees to control the dosage and frequency of use of medical cannabis in
accordance with the physician's recommendation; and
(iv)
The individual
agrees to comply with Chapters 2925. and 3796. of the Revised Code and division
1301:18 of the Administrative Code.
(ii)
For a caregiver
whose prospective patient is younger than eighteen years of age:
In addition to the information outlined
above:
(a)
The prospective caregiver is the parent or legal
representative of the individual under eighteen years of age; and
(b)
The
parent or legal representative understands the information provided by the
recommending physician and knowingly consent to use of medical cannabis by the
individual under eighteen years of age.
(e)
Any other
information the division mandates.
(D)
A patient's
recommending physician shall not serve as the patient's
caregiver.
(E)
A registered caregiver may purchase, possess, and
administer medical cannabis to any patient associated with the caregiver's
registration.
(1)
Before purchasing medical cannabis, caregivers must
provide the dispensary employee the following:
(a)
Their registry
identification card; and
(b)
A copy of the caregiver's valid, unexpired government
issued photographic identification.
(2)
Caregivers shall
carry their registry identification with them whenever they are in possession
of medical cannabis.
(F)
Caregiver
registrations are non-transferrable.
(G)
A caregiver shall
not:
(1)
Allow
another individual to use their caregiver registration.
(2)
Purchase medical
cannabis without an associated active registered patient.
(3)
Receive payment
or other compensation for services provided as a caregiver other than
reimbursement for reasonable expenses incurred in the provision of services as
a caregiver.
In the case of an employee
of a hospice provider, nursing facility, or medical facility, or a visiting
nurse, personal care attendant, or home health aide serving as a caregiver, the
individual shall not receive payment or compensation above or beyond his or her
regular wages.
(4)
Except as outlined under this rule, serve as a
caregiver for more than two registered patients.
Upon a written request on a form in accordance with
section 3796.04 of the Revised Code, the
division may, in its discretion, permit an individual to serve as a caregiver
for more than two patients, permit a patient to designate more than two
caregivers, and permit an individual who is not a resident of the state of Ohio
to serve as a caregiver pursuant to the following requirements:
(a)
In
order to avoid unnecessary hardship to the patient or patients;
(b)
Where
the patient's care is being provided in a hospice program licensed under
Chapter 3712. of the Revised Code; or
(c)
Where the
caregiver is simultaneously caring for multiple patients who reside in the same
household as the caregiver.
(d)
Should a hospice
provider wish to obtain an exception as outlined under this paragraph, it shall
do the following:
(i)
Register as caregivers all employees who will possess
or administer medical cannabis in accordance with this rule;
and
(ii)
Notify the division when a patient with an active
medical cannabis registration issued by the division is admitted to hospice
pursuant to rule
3701-19-20 of the Administrative
Code.
(H)
A caregiver
registration is valid from the date of issuance and expires one year later, on
the last day of the month it was issued.
(1)
At any time, a
caregiver may voluntarily relinquish their caregiver medical cannabis
registration by notifying the division in writing
(2)
The division will
send a notification to each caregiver forty-five calendar days before the
expiration date on the caregiver's registry identification
card.
(3)
Renewal submissions and necessary documentation may be
submitted up to thirty calendar days before the expiration.
(4)
Failure to renew
a caregiver registration will result in an automatic expiration of the
registration card.
(5)
Caregivers shall dispose of all medical cannabis within
seven calendar days of the expiration of their registration.
Notes
Promulgated Under: 119.03
Statutory Authority: 3796.03
Rule Amplifies: 3796.02, 3796.03, 3796.08
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