935 Mass. Reg. 501.025

Current through Register 1518, March 29, 2024

Section 501.025 - Responsibilities of Caregivers

(1)Personal Caregivers.

(a) A Personal Caregiver may:

1. Transport a Registered Qualifying Patient to and from an MTC;

2. Obtain and transport Marijuana from an MTC on behalf of a Registered Qualifying Patient;

3. Cultivate Marijuana, subject to the plant limitations of 935 CMR 501.027(8), on behalf of a maximum of one Registered Qualifying Patient who has not obtained a Hardship Cultivation Registration, unless the Personal Caregiver is a visiting nurse, personal care attendant, or home health aide serving as a Personal Caregiver;

4. Cultivate Marijuana on behalf of one or more Registered Qualifying Patients who have obtained a Hardship Cultivation Registration, unless the Personal Caregiver is a visiting nurse, personal care attendant, or home health aide serving as a Personal Caregiver;

5. Prepare Marijuana for consumption by a Registered Qualifying Patient; and

6. Administer Marijuana to a Registered Qualifying Patient.

7. Receive reimbursement for reasonable expenses incurred in the provision of services as a Caregiver, including transportation and cultivation expenses directly related to the care of a Registered Qualifying Patient, so long as the expenses are documented and available for inspection by the Commission on request. A Caregiver may not receive reimbursement or payment for the Caregiver's time. In the case of an individual who serves as a Personal Caregiver for more than one Registered Qualifying Patient, the individual may receive partial reimbursement from multiple patients so long as the total reimbursement received does not exceed the Caregiver's total documented expenses.

(b) A Personal Caregiver may not:

1. Consume, by any means, Marijuana that has been dispensed to or cultivated on behalf of a Registered Qualifying Patient;

2. Sell or otherwise divert Marijuana that has been dispensed to or cultivated on behalf of a Registered Qualifying Patient;

3. Unless otherwise authorized by law or by the Commission, cultivate Marijuana for the Personal Caregiver's own use;

4. Unless otherwise authorized by law, cultivate Marijuana for purposes of selling or providing Marijuana to anyone other than the Registered Qualifying Patient;

5. Allow a Registered Qualifying Patient who is younger than 18 years old to possess Marijuana at any time when not in the presence of the Personal Caregiver;

6. Cultivate Marijuana for Registered Qualifying Patient if the Personal Caregiver is a visiting nurse, personal care attendant, or home health aide serving as a Personal Caregiver;

7. Offer a discount or any other thing of value to a Registered Qualifying Patient based on the representation that a patient will use a particular product or MTC;

8. Directly or indirectly accept or solicit from an MTC, a board member or Executive of an MTC, any MTC personnel, or any other individual associated with an MTC, anything of value based on the representation that a Registered Qualifying Patient will use a particular product or MTC;

9. Receive payment or other compensation for services rendered as a Personal Caregiver other than reimbursement for reasonable expenses incurred in the provision of services as a Caregiver; provided however, that a caregiver's time is not considered a reasonable expense. In the case of a visiting nurse, personal care attendant, or home health aide serving as a Personal Caregiver, such individual may not receive payment or compensation above and beyond their regular wages; or

10. Participate in paid advertising.

(c) A Personal Caregiver shall notify the Commission within five calendar days upon the death of a Personal Caregiver's Registered Qualifying Patient.

(d) A Personal Caregiver engaging in cultivation for a Registered Qualifying Patient shall

1. Maintain a log of the costs associated with growing and make that log available to the Commission upon request;

2. Provide annual written notice of the Personal Caregiver's cultivation conditions to the Registered Qualifying Patient and additional written notice of any change to those conditions.

(e) A Personal Caregiver engaging in Hardship Cultivation shall comply with all applicable municipal or state requirements for electrical usage and fire safety, and shall document its fire safety plan and electrical and fire inspections.

(2)Institutional Caregivers.

(a) An Institutional Caregiver may:

1. Receive Marijuana delivered to the Caregiving Institution for a Registered Qualifying Patient;

2. Prepare Marijuana for consumption by a Registered Qualifying Patient; and

3. Administer Marijuana to a Registered Qualifying Patient or facilitate consumption of Marijuana for medical use by the Qualifying Patient.

(b) An Institutional Caregiver may not:

1. Consume, by any means, Marijuana that has been dispensed to or cultivated on behalf of a Registered Qualifying Patient;

2. Sell, provide, or otherwise divert Marijuana that has been dispensed to or cultivated on behalf of a Registered Qualifying Patient;

3. Cultivate Marijuana for a Registered Qualifying Patient;

4. Allow a Registered Qualifying Patient who is younger than 18 years old to possess Marijuana at any time when not in the presence of a Caregiver;

5. Receive payment or compensation above and beyond his or her regular wages; or

6. Participate in paid advertising

(c) An Institutional Caregiver shall notify their employing Caregiving Institution of any changes in his or her registration information within 24 hours of the change.