reg. 5 CCR 1006-2-10

Current through Register Vol. 47, No. 20, October 25, 2024

Regulation 5 CCR 1006-2-10 - Waiver for primary care-givers to serve more than five patients

A. In exceptional circumstances, a waiver may be granted by the department for the purpose of allowing a primary care-giver to serve more than five patients. A separate waiver application will be required by each patient seeking to use a primary care-giver who is already at the five patient limit. If the department does not act upon the waiver application within 35 days, the waiver shall be deemed approved until acted upon by the department.

B. Waiver applications shall be submitted to the department in the manner required by the department.

C. The patient and primary care-giver shall provide the department such information and documentation as the department may require validating the conditions under which the waiver is being sought.

D. In acting on the waiver application, the department shall consider at a minimum all of the following:

1. The information submitted by the patient applicant;

2. The information submitted by the primary care-giver;

3. County-wide prohibitions on medical marijuana centers;

4. The proximity of medical marijuana centers to the patient;

5. Whether granting the waiver would either benefit or adversely affect the health, safety or welfare of the patient; and

6. What services beyond providing medical marijuana the patient applicant needs from the proposed primary care-giver.

E. The department may specify terms and conditions under which any waiver is granted, and which terms and conditions must be met in order for the waiver to remain in effect.

F. The term for the waiver shall be one year unless the care-giver reduces the number of patients he or she serves during that year to five or fewer, at which time the waiver shall expire. The care-giver shall notify the department in writing when he or she no longer provides care-giver services to a patient.

G. At any time, upon reasonable cause, the department may review any existing waiver to ensure that the terms and conditions of the waiver are being observed and or that the continued existence of the waiver is appropriate.

H. The department may revoke a waiver if it determines that any one of the following is met:

1. The waiver jeopardizes the health, safety and welfare of patients;

2. The patient applicant or care-giver has provided false or misleading information in the application;

3. The patient applicant or care-giver has failed to comply with the terms or conditions of the waiver;

4. The conditions under which a waiver was granted no longer exist or have materially changed; or

5. A change in state law or regulation prohibits or is inconsistent with the continuation of the waiver.

I. The department will provide notice of the revocation of the waiver to the registered patient and the care-giver at the time the waiver is revoked.

J. Appeals. If the department proposes to deny, condition, revoke or suspend a waiver for a primary care-giver to serve more than five patients, the department shall provide the patient with notice of the grounds for the action and shall inform the patient of the patient's right to request a hearing.

1. A request for hearing shall be submitted to the department in writing within thirty (30) calendar days from the date of the postmark on the notice.

2. If a hearing is requested, the patient shall file an answer within thirty (30) calendar days from the date of the postmark on the notice.

3. If a request for a hearing is made, the hearing shall be conducted in accordance with the state administrative procedures act, § 24-4-101et seq., C.R.S.

4. If the patient does not request a hearing in writing within thirty (30) calendar days from the date of the notice, the patient is deemed to have waived the opportunity for a hearing.

reg. 5 CCR 1006-2-10

37 CR 20, October 25,2014, effective 11/14/2014

38 CR 15, August 10, 2015, effective 9/14/2015

38 CR 24, December 25, 2015, effective 1/14/2016

41 CR 08, April 25, 2018, effective 5/15/2018

42 CR 08, April 10, 2019, effective 5/15/2019

42 CR 20, October 25, 2019, effective 11/14/2019

45 CR 01, January 10, 2022, effective 2/14/2022

45 CR 06, March 25, 2022, effective 4/14/2022