(A) Except as provided under this division,
no person, except a registered patient or
caregiver, dispensary employee, or a cultivator or processor employee
who is delivering medical marijuana, shall
be allowed
granted
access to a dispensary.
in the dispensary
department without an active qualifying patient or caregiver registration
issued by the state board of pharmacy.
One
individual may also accompany a registered patient or caregiver into the
dispensary; however, that individual must remain in the waiting
area.
(B)
In addition to authorized dispensary employees,
cultivator employees, and processor employees,
Notwithstanding paragraph (A) of this rule, the
following may be granted access to a dispensary
:
so long as presence is maintained in the dispensary
visitor log and obtain a visitor identification badge from the dispensary,
prior to entering the dispensary:
(1) One individual accompanying each
patient or caregiver who shall remain in the waiting area. Such visitors shall
remain under supervision of a dispensary employee while on dispensary
premises;
(2)(1) Third party service
personnel, such as technicians, utility workers, and employee representatives,
may access portions of the premises that do not
contain medical marijuana without prior written notice, provided that
such visitors are entered in the visitor log, are
identified on the third party vendor list maintained in compliance with
paragraph (E)(6)(b) of rule 3796: 6-3-17 E(6)(b) of the Administrative
Code, and are accompanied at all times by a dispensary employee. Such
visitors may only enter non-restricted areas, such
as employee break rooms or restrooms, and may not have access to areas
containing medical marijuana without prior approval
or in the event of an emergency in accordance with paragraph (C) of this
rule
continuous supervision by a dispensary
employee; and
(3)(2)
Local, state or federal law enforcement, emergency
service personnel, or government officials if
necessary to perform
in the performance of
their civil or administrative governmental duties.
;
(3)
Upon written
request on a form approved by the state board of pharmacy and approval by the
board, physicians who hold a certificate to recommend issued by the state
medical board; and
(4)
Upon written request on a form approved by the state
board of pharmacy and approval by the board, any other person demonstrating a
legitimate need to be granted access to the dispensary.
(C)
Upon prior written request, the state board of pharmacy may
authorize persons who are otherwise prohibited from being on dispensary
premises, temporary access to a dispensary.
A
dispensary employee shall escort and supervise such visitors at all times the
visitor or visitors are on the dispensary premises.
(1) All persons not expressly
permitted to be on the premises of a dispensary under this rule, but who have
been authorized, in writing, to enter the dispensary by the state board of
pharmacy, shall obtain a visitor identification badge from the dispensary,
prior to entering the dispensary.
(2) A dispensary employee shall
escort and supervise such visitors at all times that the visitor is on
dispensary premises. Visitors shall visibly display the visitor identification
badge at all times that the visitor is on dispensary premises and shall return
the visitor identification badge to a dispensary employee upon exiting the
dispensary.
(3) All visitors shall log in and
out. The dispensary shall maintain the visitor log, which shall include the
date, time and purpose of the visit and which shall be available to the state
board of pharmacy.
(4) If an emergency requires the
presence of a visitor and makes it impracticable for the dispensary to obtain a
waiver pursuant to this section, the dispensary shall provide written notice to
the state board of pharmacy as soon as practicable after the onset of the
emergency. Such notice shall include the name and company affiliation of the
visitor, the purpose of the visit, and the date and time of the visit. The
dispensary shall monitor and maintain a log of such visit.
(D)
Visitors shall obtain and display a visitor identification
badge at all times that the visitor is on dispensary premises and shall return
the visitor identification badge to a dispensary employee upon exiting the
dispensary. To obtain a visitor identification badge, the individual must
present a valid, government issued identification containing a
photograph.
(E)
All visitors shall log in and out. The dispensary shall
maintain the visitor log, which shall include the date, time, and purpose of
the visit. Visitor logs shall be available to the state board of pharmacy upon
request.
(F)
Except as otherwise provided in this rule, visitors
shall only enter non-restricted access areas. Access to restricted access areas
or any room containing medical marijuana is prohibited.
(G)
Visitors shall
not enter the dispensary during hours of operation or when patients or
caregivers are present unless approved by the board.
(H)
No photographs or
recordings in any form shall be made of restricted dispensary
areas.
(I)
No photographs or recordings that identify patients or
caregivers shall be made absent a consent form signed by the identified patient
or caregiver.
(J)
A written request described in this rule requires
reasonable advance notice, as determined by the board.
(D) No medical marijuana shall be
sold, dispensed, or distributed to a patient or caregiver via a delivery
service or any other manner outside of a dispensary, except that a caregiver
may deliver medical marijuana to the caregiver's qualified
patient.
