Okla. Admin. Code § 442:10-2-5

Current through Vol. 42, No. 3, October 15, 2024

Section 442:10-2-5 - Term and renewal of medical marijuana patient and caregiver licenses

(a)Patient License Term. Medical marijuana patient licenses issued under OAC 442:10-2-1 and OAC 442:10-2-2 shall be for a term of two (2) years from the date of issuance, unless the physician recommendation is terminated by the physician, the medical marijuana patient license holder is deceased, or the license is revoked by the Authority or voluntarily surrendered by the patient.

(b)Short-term patient license term. Short-term medical marijuana patient licenses issued under OAC 442:10-2-1(f) and OAC 442:10-2-2(g) shall be for a term of sixty (60) days from the date of issuance, unless the physician recommendation is terminated by the physician, the short-term patient license holder is deceased, or the license is revoked by the Authority or voluntarily surrendered by the patient.

(c)Caregiver license term. Caregiver's licenses may not extend beyond the expiration date of the underlying patient license regardless of the issue date.

(d)Temporary patient license term. Temporary patient licenses issued under OAC 442:10-2-4 shall be for a term of thirty (30) days from the date of issuance, unless the temporary patient license holder is deceased or the license is revoked by the Authority or voluntarily surrendered by the patient; however, temporary patient licenses may not extend beyond the expiration date of the underlying out-of-state medical marijuana patient license.

(e)Change in information.

(1) All patient and caregiver licensees shall ensure that all information and records maintained in the licensee's online OMMA license account are complete, accurate, and updated in a timely manner.

(2) Patient and caregiver licensees shall obtain Authority approval for any changes that affect the licensee's qualifications for licensure.

(3) Patient and caregiver licensees submitting a name change request must provide information and documentation relating to proof of identity, including but not limited to the following:

(A) Documents establishing proof of identity as established in OAC 442:10-1-7 (relating to proof of identity); and

(B) A marriage license, divorce decree, or other documentation the Authority deems sufficient to establish a valid name change.

(f)Renewal. It is the responsibility of the license holder to renew the license, with all applicable documentation, prior to the date of expiration of the license by following the procedures provided in OAC 442:10-2-1, 442:10-2-2, 442:10-2-3, and/or 442:10-2-4. The Authority may refuse to renew a license of a patient or caregiver for the following:

(1) Failure to meet the requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or OAC 442:10.

(2) Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq.; or OAC 442:10.

(g)Renewal fee. The fee for renewal shall be the fee established in statute or under this Chapter for the license. Application fees are nonrefundable.

(h)Surrender of license.

(1) A licensed patient or caregiver may voluntarily surrender a license to the Authority at any time.

(2) If a licensee voluntarily surrenders a license, the licensee shall:

(A) Return the license to the Authority;

(B) Submit a surrender license form provided by the Authority; and

(C) Submit proof of the licensee's identity through submission of documentation identified in OAC 442:10-1-7 (relating to Proof of Identity).

(3) Patient and caregiver surrender forms and any other documentation or information submitted by a patient or caregiver shall be confidential.

(i)Physician termination.

(1) A recommending physician who determines the continued use of medical marijuana by the patient no longer meets the requirements for possession of a license may notify the Authority of the physician's intent to terminate the physician recommendation by submitting a physician termination form provided by the Authority signed within thirty (30) days of submission. A physician termination renders the patient license immediately null and void without the right to an individual proceeding.

(2) The Authority shall then immediately terminate the patient license. If the physician fails to comply with any further requests for information or documentation that the Authority deems necessary to validate the physician termination, the Authority may refuse to terminate the patient license.

(3) The Authority shall not terminate a minor patient license unless both recommending physicians have submitted a physician termination form.

(j)License revocation and suspension. Except as otherwise provided in applicable Oklahoma law and these Rules, procedures for nonrenewal, revocation, and suspension of licenses are stated in the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These procedures provide for the licensee to receive notice and to have the opportunity to be present at a hearing and to present evidence in his or her defense. The Executive Director or his or her designee may promulgate an administrative order revoking or suspending the license, dismissing the matter, or providing for other relief as allowed by law. At any time after the action is filed against the licensee, the Authority and the licensee may dispose of the matter by consent order or stipulation. Orders are appealable in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

(k)Patient license reprint. All medical marijuana patient licensees may request a reprint of their license in the event the physical license is lost, destroyed, or otherwise misplaced by the licensee. The medical marijuana patient licensee shall be charged a $20.00 fee for the license reprint.

Okla. Admin. Code § 442:10-2-5

Adopted by 40 Ok Reg 382, eff 11/1/2022 (emergency); Adopted by Oklahoma Register, Volume 40, Issue 22, August 1, 2023, eff 8/11/2023