935 CMR, § 501.021

Current through Register 1536, December 6, 2024

Section 501.021 - Registration of Caregiving Institutions

(1) Prior to facilitating the medical use of Marijuana to a Registered Qualifying Patient, a hospice program, long term care facility, or hospital shall obtain a Certificate of Registration as a Caregiving Institution. To obtain a Certificate of Registration as a Caregiving Institution, the institution shall submit, in a form and manner determined by the Commission, the following:

(a) The name, address and telephone number of the institution, as well as the telephone number and email address for the primary contact for that Caregiving Institution;

(b) A copy of the Caregiving Institution's current facility licensure or certification from the Commonwealth of Massachusetts;

(c) Written acknowledgement by the authorized signatory of the Caregiving Institution of the limitations on the institution's authorization to cultivate, possess, and dispense to Registered Qualifying Patients, Marijuana for medical purposes in the Commonwealth;

(d) An attestation by the authorized signatory of the Caregiving Institution that employees of the Caregiving Institution shall not engage in the diversion of Marijuana and that he or she understands that protections conferred by M.G.L. c. 941, for possession of Marijuana for medical use are applicable only within Massachusetts; and

(f) Any other information required by the Commission.

(2) A Caregiving Institution shall be granted a Certificate of Registration by the Commission prior to serving as a Caregiving Institution for any Registered Qualifying Patient. The Commission will accept certificates of registration validly issued prior to the Program Transfer. This certificate will remain valid until a new certificate is issued by the Commission. On the issuance of a new certificate, the holder of the certificate shall destroy any previously issued certificate in a responsible manner that would prevent it from being used as a certificate.

(3) An employee of the Caregiving Institution may serve as a Caregiver for more than one Registered Qualifying Patient at one time.

(4) An employee of the Caregiving Institution may not cultivate Marijuana for a Registered Qualifying Patient under the care of the Caregiving Institution.

(5) A Caregiving Institution shall maintain records on all Marijuana received by the institution on behalf of a Registered Qualifying Patient and the administration of such Marijuana to the Registered Qualifying Patient, and such records should be produced to the Commission upon request as permitted by law.

(6) A Certificate of Registration for a Caregiving Institution will remain valid, unless and until the Caregiving Institution's current facility licensure or certification from the Commonwealth of Massachusetts is no longer active, or is suspended, revoked, or restricted.