Section 21a-408-32 - Disciplinary action against dispensary facility, dispensary facility employee, producer, production facility employee, laboratory, laboratory employee, research program or research program employee(a) For sufficient cause found in accordance with subsection (b) of this section, the commissioner may, in the commissioner's discretion, suspend, revoke or refuse to grant or renew a license or registration issued pursuant to sections 21a-408-13 to 21a-408-25, inclusive, of the Regulations of Connecticut State Agencies, or place such license or registration on probation, place conditions on such license or registration, or take other actions permitted by statute or regulation. For purposes of this section, each instance of qualifying patient, primary caregiver or research program subject contact or consultation that is in violation of any provision of sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies, shall be deemed a separate offense. Failure to renew any license or registration in a timely manner is not a violation for purposes of this section.(b) Any of the following shall be sufficient cause for such action by the commissioner: (1) Furnishing of false or fraudulent information in any application;(2) Any criminal conviction under federal or state statutes, or regulations or local ordinances, unless the act subject to the conviction occurred when the person held a valid license or registration certificate issued pursuant to the Act and sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies and the conviction was based on a federal statute or regulation related to the possession, purchase or sale of marijuana that is authorized under the Act and sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies;(3) Any civil action under any federal or state statute, or regulation or local ordinance relating to the applicant's, licensee's or registrant's profession, or involving drugs, medical devices or fraudulent practices, including, but not limited to, fraudulent billing practices;(4) Failure to maintain effective controls against diversion, theft or loss of marijuana or other controlled substances;(5) Discipline by, or a pending disciplinary action or unresolved complaint, with regard to any professional license or registration of any federal, state or local government;(6) Abuse or excessive use of drugs or alcohol;(7) Possession, use, prescription for use or distribution of controlled substances or legend drugs, except for therapeutic or other proper medical or scientific purpose;(8) Failure to account for the disposition of marijuana;(9) Failure to keep accurate records of all marijuana dispensed, administered or sold to qualifying patients, primary caregivers or research program subjects;(10) Failure to keep accurate records of all marijuana produced, manufactured, packaged or sold to a dispensary, dispensary facility or research program;(11) Denial, suspension or revocation of a license or registration, or the denial of a renewal of a license or registration, by any federal, state or local government or a foreign jurisdiction;(12) False, misleading or deceptive representations to the public or the department;(13) Return to regular stock of any marijuana where:(A) The package or container containing the marijuana has been opened, breached or tampered with; or(B) The marijuana has been sold or dispensed to a patient, caregiver or research program subject;(14) Involvement in a fraudulent or deceitful practice or transaction;(15) Performance of incompetent or negligent work;(16) Failure to maintain the entire dispensary facility, production facility or laboratory and contents in a clean, orderly and sanitary condition;(17) Intentionally, or through negligence, obscuring, damaging, or defacing a license or registration card;(18) A determination by the commissioner that the applicant or holder of the license or registration has a condition, including, but not limited to, physical illness or loss of skill or deterioration due to the aging process, emotional disorder or mental illness, or abuse or excessive use of drugs or alcohol that would interfere with the practice of dispensing, operation of a dispensary facility or activities as a dispensary, dispensary technician, dispensary facility employee, producer, production facility employee, research program employee or laboratory employee, provided the department shall not, in taking action against a license or registration holder on the basis of such a condition, violate the provisions of section 46a-73 of the Connecticut General Statutes, or 42 USC 12132 of the federal Americans with Disabilities Act;(19) Permitting another person to use the licensee's or registrant's license or registration;(20) Failure to cooperate or give information to the department, local law enforcement authorities or any other enforcement agency upon any matter arising out of conduct at a dispensary facility, production facility, laboratory or in connection with a research program;(21) Discontinuance of business for more than sixty days, unless the commissioner approves an extension of such period for good cause shown, upon a written request from a dispensary facility or producer. Good cause includes exigent circumstances that necessitate the closing of the facility. Good cause shall not include a voluntary closing of the dispensary facility or production facility;(22) A violation of any provision of the Connecticut General Statutes, or any regulation established thereunder, related to the person's profession or occupation; or(23) Failure to comply with any provision of sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies.(c) No person whose application for a license or registration has been denied due to the applicant's character and fitness may make another application for a license or registration under sections 21a-408-13 to 21a-408-25, inclusive, of the Regulations of Connecticut State Agencies for at least one year from the date of denial.(d) No person whose license or registration has been revoked may make an application for a license or registration under sections 21a-408-13 to 21a-408-25, inclusive, of the Regulations of Connecticut State Agencies for at least one year from the date of such revocation.(e) If a license or registration is voluntarily surrendered or is not renewed, the commissioner shall not be prohibited from suspending, revoking or imposing other penalties permitted by the Act and sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies, on any such license or registration.Conn. Agencies Regs. § 21a-408-32
Effective September 6, 2013; amended 8/28/2018