Ohio Admin. Code 3796:6-3-19 - Employee training requirements
(A) A dispensary designated representative
shall establish and oversee a dispensary employee training program.
(B) Each dispensary shall maintain evidence
of all training provided for every dispensary employee in its files. Such
records are subject to inspection and audit by the state board of pharmacy.
Acceptable forms of evidence are:
(1)
Transcripts;
(2) Certificates of
completion; or
(3) Other form of
documentation which includes:
(a) The
participant's name;
(b) Course
title;
(c) Course
content;
(d) Date(s) of
training;
(e) Provider's name(s);
and
(f) Signature of the course
instructor.
(C)
All dispensary employees shall receive foundational training regarding the
dispensing of medical marijuana before dispensing any medical marijuana.
All dispensary employees with access to confidential
patient information and/or the patient registry shall receive foundational
training pursuant to paragraph (C)(5) of this rule even if not dispensing
medical marijuana. Training received in accordance with this paragraph
does not qualify as continuing education described in paragraphs (D) and (E) of
this rule. Mandatory training for dispensary employees before the employee may
begin dispensing medical marijuana includes:
(1) Relevant training on the drug database
established pursuant to section
4729.75
of the Revised Code;
(2) Relevant
training on the inventory tracking system established pursuant to section
3796.07 of
the Revised Code;
(3) Responsible
use training, which shall include specific instruction on:
(a) Use of the toll-free telephone line
established pursuant to section
3796.17
of the Revised Code; and
(b)
Learning to recognize signs of medicine abuse or adverse events in the medical
use of marijuana by a patient.
(4) The proper use of security measures and
controls that have been adopted by the dispensary for the prevention of
diversion, theft or loss of medical marijuana;
(5) Confidentiality requirements of a
dispensary;
(6) Instruction on the
different forms, methods of administration, and strains of medical
marijuana;
(7) Instruction on
qualifying conditions for medical marijuana patients;
(8) Authorized uses of medical marijuana in
the treatment of qualifying conditions;
(9) Instruction regarding regulatory
inspection preparedness and law enforcement interaction;
(10) Awareness of the legal requirements for
maintaining status as a licensed dispensary employee,
including but not limited to the duty to report information to the board ;
and
(11) Other topics as specified
by the state board of pharmacy.
(D) Dispensary employees
who dispense medical marijuana shall receive a
minimum of sixteen hours of continuing education, on topics described in
paragraph (E) of this rule, for each two-year licensing period. Continuing
education hours shall not be carried over from one licensing period to another.
A dispensary employee who is licensed within six months of a dispensary
employee biennial renewal cycle shall be exempt from continuing education
requirements.
(E) The designated
representative shall be responsible for ensuring that each dispensary key and
support employee who dispenses medical marijuana receives continuing education
on the following subjects during each biennial licensing period:
(1) Guidelines for providing information to
patients and caregivers related to the risks associated with medical marijuana,
including possible drug interactions;
(2) Guidelines for providing support to
patients related to the patients' symptoms;
(3) Recognizing signs and symptoms of
substance abuse;
(4) Guidelines for
refusing to provide medical marijuana to an individual who appears to be
impaired or abusing medical marijuana;
(5) The safe handling of medical marijuana,
including an overview of common industry hazards, current health and safety
standards, and dispensary best practices;
(6) Legal updates training pertaining to the
Ohio medical marijuana control program; and
(7) Other topics as specified by the state
board of pharmacy.
(F)
Before any training in paragraphs (C) and (E) of this rule may be provided to
dispensary employees for credit, a designated representative shall submit, in a
manner determined by the board, all of the following items to the state board
of pharmacy and obtain approval:
(6)(2) The agenda with a
detailed time schedule;
(7)(3) A set of training
materials, if requested; and
(8)(4)
Any other items requested by the state board of pharmacy.
(1) Names and
qualifications of the persons responsible for training content;
(2) The primary objective of the
training and how it is intended to improve the participants' competency as
dispensary employees;
(3) The number of intended trainings
for the next twelve-month period and the number of participants for each
training;
(4) Any brochures describing the
activity;
(5) The method or manner of
presenting materials;
(G) Before training may be provided to
dispensary employees for credit under paragraphs (C)(3)(b), (C)(7), and (E)(1)
to (E)(4) of this rule, a designated representative shall submit, in a manner
determined by the board, all of the following to the state board of pharmacy:
(1) A signed attestation by the person
responsible for training content that the person or persons responsible for the
content of the educational materials is a pharmacist licensed under Chapter
4729. of the Revised Code, or any of the following professionals authorized to
prescribe under division (I) of section
4729.01
of the Revised Code:
(a) A clinical nurse
specialist or certified nurse practitioner;
(b) A physician; or
(c) A physician
assistant;
(2) The
professional license number of the person or persons identified in paragraph
(G)(1) of this rule; and
(3) That
the person or persons approve of the content.
(H) All training materials submitted for
approval pursuant to
under paragraph (F) of this rule shall be submitted a
minimum of sixty days prior to the date of presentation of the intended
training. Any representation that the training has been approved for dispensary
employee credit is prohibited until such approval is received by the designated
representative who submitted the application for approval.
(I) Training approved for credit by the state
board of pharmacy pursuant to paragraphs (F) and (G) of this rule, shall be
valid for dispensary employee continuing education credit for remainder of the
two-year licensing period in which the continuing education credit will be
offered. Training material is valid for two years from
the date of approval. Approved training shall be available to any
licensed dispensary employee.
(J)
Before or at the time of training, each participant shall be provided with
course materials in the form of written, electronic, or other format that are
of such quality and quantity to indicate that adequate time has been devoted to
their reparation and that they will be of value to participants. Any
presentation materials, electronic or otherwise, shall be subject to the same
criteria as other materials.
(K)
Training credit shall not be awarded for breaks or opening or closing remarks.
Only time of actual instruction shall count toward a credit hour. Partial hours
shall be rounded to the nearest one-quarter of an hour and should be expressed
in decimals.
(L) The state board of
pharmacy, upon receipt of evidence that any approved training program or
training provider is not conforming to the requirements developed pursuant to
this rule, may revoke or otherwise limit the scope of the board's prior
approval.
(M) An attendee at an
out-of-state training may seek post-program approval if such approval is sought
within sixty days after the program is presented. An application for
out-of-state training shall be made on a completed form, developed in
accordance with section
3796.04
of the Revised Code.
(N) A
designated representative shall, in cooperation with the individual or
individuals described in paragraph (O) of this rule, provide oversight for the
development and dissemination of:
(1)
Educational materials for patients and caregivers in accordance with paragraphs
(C)(6) and (C)(7) of rule
3796:6-3-15
of the Administrative Code;
(2) A
system for a patient or caregiver to document the patient's symptoms related to
a qualifying condition that includes:
(a) A
log book
logbook , maintained by the patient and/or caregiver,
in which the patient or the caregiver may track the use and effects of medical
marijuana;
(b) A rating scale for
symptoms associated with a qualifying condition;
(c) Guidelines for the patient's
self-assessment, or if applicable, assessment of the patient by the caregiver;
and
(d) Guidelines for reporting
usage and symptoms to the recommending physician and any other treating
physicians.
(3) Policies
and procedures for refusing to provide medical marijuana to an individual who
appears to be impaired or abusing medical marijuana.
(O) A designated representative shall
maintain all of the following records regarding the educational materials
outlined in paragraph (N) of this rule:
(1) A
signed attestation by the person or persons responsible for content described
in paragraph (N) of this rule is a pharmacist licensed under Chapter 4729. of
the Revised Code, or any of the following professionals authorized to prescribe
under division (I) of section
4729.01
of the Revised Code:
(a) A clinical nurse
specialist or certified nurse practitioner;
(b) A physician; or
(c) A physician
assistant;
(2) The
professional license number of the person or persons identified in paragraph
(O)(1) of this rule; and
(3) That
the person or persons approve of the content.
Notes
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04, 3796.07, 3796.17, 4729.771, 4729.80, 4729.84
Prior Effective Dates: 09/08/2017
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