18-691-2 Me. Code R. § 6

Current through 2024-25, June 19, 2024
Section 691-2-6 - PRIMARY CAREGIVER
A.Authorized conduct: primary caregiver. The authorized conduct of a primary caregiver is governed by this rule and the statute. The primary caregiver who receives compensation for assisting a qualifying patient is required to pay applicable taxes and to maintain appropriate records for tax purposes. The Department may conduct a review of required documentation for compliance purposes. A primary caregiver may be designated by a qualifying patient to provide the following:
1.Assist and cultivate. Assist any qualifying patient with the medical use of marijuana in accordance with this rule and the statute. The designation form shall indicate whether the primary caregiver is cultivating on behalf on the patient. Visiting qualifying patients who have designated a primary caregiver must be counted when calculating the maximum number of qualifying patients allowed by statute.
2.Dispense. A primary caregiver may dispense marijuana for medical use to a qualifying patient in accordance with statute. A primary caregiver may prepare and dispense goods containing marijuana for medical use to a qualifying patient in accordance with statute and this rule. A trip ticket is required if the primary caregiver is transporting marijuana from the cultivation location to dispense from a different location. See Section 7(Q)(1) of this rule for requirements related to trip tickets.
3.Acquire. Acquire medical use marijuana from an authorized source on behalf of a qualifying patient in accordance with this rule and the statute.
4.Dispose. Dispose of excess prepared medical use marijuana in accordance with this rule and the statute.
5.Other. Other services authorized by this rule and the statute.
6.Employ one person. A primary caregiver who is registered may employ one person to assist in the duties of the registered primary caregiver. A registered primary caregiver must maintain personnel files in accordance with this rule.
B.Designation form required. A primary caregiver must have a Department-approved designation form signed and dated by each qualifying patient, including a visiting qualifying patient, who they assist.
1.Patient designation reporting. The registered primary caregiver must report, at least annually, the total number of patients who have designated the primary caregiver. The unique count of patients served by the primary caregiver must be provided upon request by the Department. The report must include the following:
a. The date of patient designation and rescission date, if applicable, and
b. The patient's unique identification number that appears on the patient's written certification.
2.Disclosure; privacy protection. The primary caregiver must ensure a level of privacy protection for qualifying patients and comply with requirement regarding confidentiality in 22 M.R.S. §2425(8). Unless otherwise stated in statute or rule, the primary caregiver may not disclose patient information without signed patient consent. These provisions also apply to the employee of a registered caregiver.
C.Patient designates cultivating primary caregiver. A qualifying patient may designate either a primary caregiver or a dispensary to cultivate medical use marijuana. The maximum number of plants permitted by statute may not be exceeded by a combination of the primary caregiver who is designated to cultivate and the patient who also cultivates. The designation form must clearly identify the primary caregiver who the patient designates to cultivate and the number of plants designated to be cultivated on the patient's behalf. The primary caregiver retains the qualifying patient's designation card for the time the designation is in effect. No cultivation may occur until the primary caregiver has a designation form signed and dated by the qualifying patient. The primary caregiver who is required to register must obtain a registry identification card to be authorized to cultivate marijuana for medical use.
D.Patient rescinds designation. A qualifying patient may rescind the designation of a primary caregiver by signing and dating the rescission section of the form and providing the rescinded designation form to the primary caregiver. Upon receipt of notice of rescission, the primary caregiver must return the designation card to the patient. Unless a new patient replaces the former patient, the primary caregiver who fails to notify the Department within ten days of the change in patient designation may be subject to enforcement action including fines in accordance with statute and this rule.
E.Primary caregiver may accept, refuse or discontinue designation. A primary caregiver may accept, refuse or discontinue the designated relationship with a qualifying patient. The Department-approved designation form signed by the qualifying patient must also be signed and dated by the primary caregiver clearly indicating the acceptance, refusal or discontinuation of the designated relationship. Unless a new patient replaces the former patient, the primary caregiver who fails to notify the Department within ten days of a change in designation may be subject to enforcement action in accordance with statute and this rule.
F.Caregiver discontinues designated relationship. A primary caregiver discontinues the designated relationship with a qualifying patient in accordance with the following:
1. Signs and dates the qualifying patient's designation form indicating the discontinuation of the designation relationship.
2. Returns the designation card to the qualifying patient the same day the caregiver signs and dates the form. Once the discontinued designation form is signed and the card is returned to the qualifying patient, the qualifying patient is no longer counted when calculating the maximum number of qualifying patients allowed per primary caregiver by this rule and the statute.
3. The conduct protected by this rule and the statute expires ten days after the date the qualifying patient's designation is discontinued. Excess marijuana must be lawfully disposed within this ten-day period. A copy of the discontinued designation form may be needed as proof of authorized conduct.
G.Employee of a registered primary caregiver. The authorized conduct of an employee of a registered primary caregiver is governed by this rule and the statute.
1. The employee of a registered primary caregiver may assist in the duties designated to the employing registered primary caregiver.
2. The registered primary caregiver's employee's personnel file shall contain the following:
a. Documentation of background checks;
b. Job description or employment contract;
c. The Employment Eligibility Verification Form I-9 and
d. Copy of current registry identification card and copy of a Maine driver's license of other State-issued photographic identification card.
3. The authorization of an employee's conduct under this rule and the statute ceases when that person is no longer employed by a registered primary caregiver.
4. A registered primary caregiver employee is required to pay applicable taxes.
H.Application for registry identification cards. Primary caregivers who are required by statute to register with the Department must submit an application for a registry identification card and for an employee registry identification card, as applicable, in accordance with this rule and the statute. See Section 9 of this rule.
1.Application criteria. An applicant must submit a completed application for a registry identification card which includes, but is not limited to, the following information:
a. Residency information required for a criminal history record check;
b. Social Security Number or EIN, and, if applicable, a sales tax ID number for tax reporting purposes; and
c. Cultivation location, if applicable.
2. The Department may deny an application for a registry identification card if the applicant failed to provide required information or provided false information.
3. Submission of an application for a registry identification card by a primary caregiver constitutes permission for entry and inspection of any part of a building or property under ownership or control of that primary caregiver used for cultivation, storage, preparation, processing, or furnishing of medical marijuana. Any samples taken shall be handled as for dispensary samples in Sections 7(J), 7(K) and 7(L).
4. Failure to cooperate with on-site assessments may be ground to revoke the caregiver's registry identification card.
I.A second primary caregiver. In addition to a minor qualifying patient, the following qualifying patients may designate a second primary caregiver in accordance with this rule and the statute.
1.An incapacitated adult qualifying patient. An incapacitated adult qualifying patient's legal guardian or power of attorney for health care shall serve as the incapacitated adult's primary caregiver. In addition, an incapacitated adult qualifying patient may have a second primary caregiver.
2.Qualifying patient in a hospice or nursing facility. The qualifying patient's hospice provider or nursing facility may serve only as the qualifying patient's non-cultivating primary caregiver. In addition, the qualifying patient may have a second primary caregiver designated to cultivate marijuana or to assist with the qualifying patient's medical use of marijuana.
J.Food establishment license required. Except as provided by this rule and statute, a primary caregiver must obtain a food establishment license from the Department of Agriculture, Conservation and Forestry (DACF), pursuant to 22 M.R.S. §§2152 and 2167, prior to preparing goods containing medical use marijuana, including tinctures, that are intended for ingestion. Licensed caregivers must comply with regulations applicable to food establishments, including 10-144 C.M.R., Chapter 200 and DACF rules.
1.Food establishment exemption. A primary caregiver is not required to obtain a food establishment license if the primary caregiver is preparing consumable goods containing marijuana for a patient who is a member of the primary caregiver's family or household and the product is furnished to that patient.
K.Separate locations within a building. Primary caregivers are prohibited from participating in a collective as defined in 22 M.R.S. §2422(1-A). A collective does not include primary caregivers who rent separate, self-contained, locked and secured locations within a building pursuant to this rule and the statute. Separate, self-contained, locked and secured areas are enclosed on all sides and function independently.
1.Caregivers in a common building. Except as explicitly permitted by statute:
a. A primary caregiver may not assist another caregiver in acts of cultivation or processing, which includes growing, harvesting, drying, manufacturing, storage, and dispensing; or in those duties designated to the caregiver and related to the administration of marijuana for medical use.
b. All marijuana cultivated for medical use must be locked and stored separately.
c. Materials used by a primary caregiver related to the cultivation may be stored in common areas.

18-691 C.M.R. ch. 2, § 6