Nev. Admin. Code § 453A.452

Current through December 12, 2024

Section 453A.452 - Patient records

1. Each medical marijuana dispensary shall ensure that:

(a) A patient record is established and maintained for each holder of a valid registry identification card or letter of approval who obtains marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary;

(b) An entry in a patient record:

(1) Is recorded only by a medical marijuana establishment agent who is authorized by the policies and procedures of the medical marijuana dispensary to make an entry;

(2) Is dated and signed by the medical marijuana establishment agent who is recording the entry;

(3) Includes the number of the medical marijuana establishment agent registration card of the medical marijuana establishment agent who is recording the entry; and

(4) Is not changed to make the initial entry illegible;

(c) If an electronic signature is used to sign an entry, the medical marijuana establishment agent whose signature the electronic code represents is accountable for the use of the electronic signature;

(d) A patient record is only accessed by a medical marijuana establishment agent authorized by the policies and procedures of the medical marijuana dispensary to access the patient record;

(e) A patient record is provided to the Division for review upon request;

(f) A patient record is protected from loss, damage or unauthorized use; and

(g) A patient record is maintained for at least 5 years after the date on which the patient or his or her designated primary caregiver last requested marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary.

2. If a medical marijuana dispensary maintains patient records electronically, the medical marijuana dispensary shall ensure that:

(a) There are safeguards to prevent unauthorized access; and

(b) The date and time of an entry in a patient record is recorded electronically by an internal clock.

3. A medical marijuana dispensary shall ensure that the patient record for a holder of a valid registry identification card or letter of approval who requests or whose designated primary caregiver on behalf of the holder of the valid registry identification card or letter of approval requests marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary contains:

(a) Patient information that includes:

(1) The name of the patient;

(2) The date of birth of the patient; and

(3) The name of the designated primary caregiver of the patient, if applicable;

(b) Documentation of any patient education and support materials provided to the patient or the designated primary caregiver of the patient, including, without limitation, a description of the materials and the date on which the materials were provided; and

(c) For each time the patient requests and does not obtain marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary or, if applicable, the designated primary caregiver requests on behalf of the patient and does not obtain marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary, the following:

(1) The date;

(2) The name and number of the registry identification card of the patient who requested the marijuana, edible marijuana products or marijuana-infused products or, if the patient holds a letter of approval, the name of the patient and the name and number of the registry identification card of his or her designated primary caregiver; and

(3) The reason the marijuana, edible marijuana products or marijuana-infused products was not provided.

Nev. Admin. Code § 453A.452

Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014; A by R148-15A, eff. 9/9/2016

NRS 453A.370