Alabama Administrative Code › Title 538 - ALABAMA MEDICAL CANNABIS COMMISSION › Chapter 538-X-2 - Regulation of Patients and Caregivers › Section 538-X-2-.02 - Definitions

Current through Register Vol. 42, No. 9, June 28, 2024
As set forth in this Chapter, the following definitions
				apply
(1) "Administer" or
			 "administration." The introduction of medical cannabis into the body of a
			 human, whether through use of an inhaler, ingestion, or any other approved
			 means, whether by a registered qualified patient (self-administration), a
			 registered qualified caregiver, or (improperly) by another.
(2) "Professional Caregiver." Someone whose
			 career is to assist another person in a way that enables them to live as
			 independently as possible. For the purposes of these Rules, a professional
			 caregiver must be (A) over 21 years of age and (B)(1) licensed, having passed a
			 basic screening test provided by the Alabama Medicaid Agency in collaboration
			 with the Alabama Department of Rehabilitation Services and the Alabama
			 Department of Senior Services); (2) certified by the American Caregiver
			 Association; or (3) employed as a nurse, therapist or other healthcare provider
			 by a hospital, long-term care facility or hospice program licensed under
			 Alabama law.
(3) Refuse to grant or
			 renew." As used in this Chapter, to deny original or continued registration for
			 a period of at least twelve months. After twelve months or such period of time
			 as the individual Commission order may require, a patient or caregiver or an
			 individual who desires to attain such status by registration, and whose
			 registration the Commission has refused to grant or renew, may make application
			 to the Commission for issuance of a new registration in accordance with the Act
			 and this Chapter. An individual who desires to attain patient or caregiver
			 status by registration and whose registration the Commission has refused to
			 grant or renew must satisfy all requirements established by the
			 Commission.
(4) "Revoke." As used
			 in this Chapter, to take action against a patient's or caregiver's
			 registration, rendering such registration void; such registration may not be
			 reissued. "Revoke" is an action that is permanent against the registration and
			 the patient or caregiver.
(5)
			 "Stale Registration." A submission to register as a patient or caregiver
			 whereby the submitting party fails to complete all submission requirements
			 within 60 calendar days of the initiation of a registration by a registered
			 certifying physician, and after being notified by the Commission, subject to
			 the factors that would otherwise remove the submitter from consideration under
			 the Act and this Chapter. An individual forfeits all fees associated with a
			 stale registration submission. The Commission shall not be required to act on,
			 and may destroy, any stale registration submission. If the registration is
			 stale, the submitter shall be required to reapply for registration in
			 accordance with the Act and this Chapter, in effect at the time of
			 resubmission.
(6) "Suspend." To
			 take action against a registration, rendering such registration without force
			 and effect for a period of time as determined by the Commission.
(7) "Under the Influence of Medical
			 Cannabis." At a level that would cause the user to be violation of current
			 State law as it pertains to marijuana (cannabis).
Author:
William H. Webster
Statutory Authority:
Code of Ala.
				  1975
, §§
										20-2A-22, as
				  amended.