Or. Admin. Code § 333-008-0045

Current through Register Vol. 64, No. 1, January 1, 2025

Section 333-008-0045 - Notification of Changes

(1) Patient notification responsibilities.

(a) A patient must notify the Authority within 10 calendar days of any change in the patient's name, mailing address, electronic mail address, telephone number, attending provider, designated primary caregiver, organization or facility caregiver, PRMG, grow site address or residency, on a form prescribed by the Authority.

(b) If the patient is designating a caregiver for the first time or designating a different caregiver, the patient must include all the information and documentation specified in the form and required under OAR 333-008-0020.

(c) If the patient is designating an organization or facility caregiver for the first time or designating a different organization or facility caregiver, the patient must include all the information and documentation specified in the form and required under OAR 333-008-0020.

(d) If a patient is adding or changing a PRMG or grow site address the patient must comply with OAR 333-008-0047.

(e) Any change in ownership of the premises where the grow site is located if the patient or PRMG is not the owner of the premises or is no longer the owner of the premises.

(2) Caregiver notification responsibilities. A designated primary caregiver must notify the Authority within 10 calendar days of any change in the caregiver name, mailing address, electronic mail address, or telephone number.

(3) Organization or facility caregiver notification responsibilities. An organization or facility caregiver must notify the Authority within 10 calendars days of any change to information required on the application in OAR 333-008-0020(3).

(4) Person responsible for a marijuana grow site notification responsibilities. A PRMG must notify the Authority within 10 calendar days of:

(a) Any change in the person's name, mailing address, electronic mail address, or telephone number.

(b) A conviction of a Class A or Class B felony under ORS 475.752 to 475.920 for the manufacture or delivery of a controlled substance in Schedule I or Schedule II.

(c) Any change in ownership of the premises where the grow site is located if the PRMG or the patient is not the owner of the premises or is no longer the owner of the premises.

(5) If the Authority is notified by the patient that the patient has terminated the designation of a primary caregiver or a PRMG the Authority must notify the individuals confirming the termination, informing the individual that his or her card is no longer valid, and requesting that the card be returned to the Authority within seven calendar days. In addition, the Authority must notify the PRMG whether the termination affects the person's ability to produce marijuana for other patients at the grow site address, in accordance with ORS 475C.806(6).

(6) Change in Medical Condition.

(a) If an attending provider notifies the Authority that a patient no longer has a debilitating medical condition or that that the medical use of marijuana is contraindicated for the patient's debilitating medical condition, the Authority must notify the patient that the patient's registry identification card will be invalid 30 days from the date of the notification unless the patient submits within 30 calendar days an APS or written documentation that may consist of relevant portions of the individual's medical record, signed by the individual's attending provider within the previous 90 days, which states the individual has been diagnosed with a debilitating medical condition and that the use of marijuana may mitigate the symptoms or effects of the individual's debilitating medical condition.

(b) If, due to circumstances beyond the patient's control he or she is unable to submit the documentation in subsection (a) of this section, the Authority may, upon receiving a written request from the patient, grant the patient additional time to obtain a second opinion. The Authority must notify the patient how much additional time the patient has to submit the documentation.

(7) Change in grow site ownership.

(a) If the Authority is notified of a change in ownership described in subsection (1)(d) or (3)(c) of this rule, the patient or PRMG must submit a signed consent form as described in OAR 333-008-0020(4)(e). The consent form must be received by the Authority within 30 days of the change in ownership.

(b) If a consent form is not timely submitted as described in subsection (a) of this section:

(A) The Authority shall notify the patient that the grow site is ineligible for registration and the patient will be allowed 14 calendar days to identify another PRMG or grow site in accordance with OAR 333-008-0047;

(B) If the patient does not designate another grow site as described in paragraph (A) of this subsection, the Authority shall revoke the PRMG's registration and grow site registration.

(8) If a patient does not intend to submit the information or does not submit the information required in section (6) of this rule within the timeframes established by the Authority, the Authority must notify:

(a) The patient that the patient's card must be returned within seven calendar days; and

(b) If applicable, the patient's designated primary caregiver, organization or facility caregiver, and PRMG that those identification cards must be returned within seven calendar days.

(9) The Authority will review and approve or deny a caregiver designation or change in caregiver designation requested under this rule in accordance with OAR 333-008-0023 to 333-008-0037, as applicable.

(10) Change forms may only be submitted to the Authority via mail at PO Box 14450, Portland, OR 97293-0450 or in person at the OMMP drop box located at 800 N.E. Oregon St., Portland, OR 97232 and must be accompanied by any applicable fee as specified in OAR 333-008-0021.

Or. Admin. Code § 333-008-0045

PH 27-2010, f. & cert. ef. 12-28-10; PH 8-2011, f. 9-30-11, cert. ef. 10-1-11; PH 1-2014, f. & cert. ef. 1-13-14; PH 2-2014(Temp), f. 1-14-14, cert. ef. 1-15-14 thru 7-13-14; PH 20-2014, f. & cert. ef. 7-11-14; PH 9-2016, f. 2-26-16, cert. ef. 3/1/2016; PH 21-2016, f. 6-24-16, cert. ef. 6/28/2016; PH 118-2018, minor correction filed 04/27/2018, effective 4/27/2018; PH 22-2019, amend filed 11/15/2019, effective 1/1/2020; PH 79-2021, amend filed 11/15/2021, effective 1/1/2022; PH 64-2022, minor correction filed 05/11/2022, effective 5/11/2022; PH 17-2023, minor correction filed 04/18/2023, effective 4/18/2023

Statutory/Other Authority: ORS 475C.783, 475C.789, ORS 475C.792 & 475C.919

Statutes/Other Implemented: ORS 475C.783, 475C.789 & 475C.792