Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.202 - MMTC Inspection Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1)
				The department may conduct random and unannounced inspections of any MMTC
				facility or vehicle utilized by an MMTC to determine compliance with Section
				381.986, F.S., the department's
				rules, and the specific representations in the MMTC's application(s) on file
				with the department, including any department approved amendments or variances.
				An MMTC's refusal to allow entry or inspection is grounds for discipline under
				this chapter.
(2) An MMTC must
				allow department personnel complete, immediate, and unrestricted access to
				enter, inspect, monitor, and observe all areas and operations of an MMTC
				including, without limitation, areas where marijuana, records, or equipment is
				located, or where MMTC business is conducted. During an inspection, the MMTC
				must provide responses to oral inquiries.
(3) During any inspection, the MMTC must make
				its records accessible to the department. The records provided during an
				inspection may be supplemented within 24 hours after conclusion of the
				inspection by providing additional electronic records to the department via
				email to OMMULicenseOperation@flhealth.gov.
(4) If during any inspection the department
				identifies any deficiencies or violations of Section
				381.986, F.S., the department's
				rules, or the specific representations in the MMTC's application(s) on file
				with the department, including any department approved amendments or variances,
				the department will send a written notice of violation to the MMTC identifying
				the deficiencies or violations. The notice of violation may include
				disciplinary action in accordance with MMTC rules.
(5) Notwithstanding any disciplinary action
				included in a notice of violation, within seven calendar days of receipt of a
				notice of violation, the MMTC must provide a written corrective action plan to
				resolve the identified deficiencies or violation(s). The corrective action plan
				must include, at a minimum, the action steps the MMTC intends to take to
				resolve the deficiency or violation, the specific deadlines for each action
				step, and the additional steps the MMTC intends to take to prevent future
				deficiencies and violations. The corrective action plan must be provided via
				email to OMMULicenseOperation@flhealth.gov.
(6) Upon review of the corrective action plan
				by the department, the MMTC may be required to take specific additional action
				steps to cure the deficiencies or violations. The MMTC must comply with and
				perform all such additional steps as directed by the department.
(7) An MMTC is subject to additional
				inspections by the department to confirm that the deficiencies or violations
				have been resolved and that the corrective action plan has been
				implemented.
(8) An MMTC's failure
				to resolve any deficiencies or violations identified during an inspection in
				the time period required by the department or specified in a corrective action
				plan is an additional ground for disciplinary action pursuant to this
				chapter.
Rulemaking Authority
					 381.986(10)(h)
					 FS. Law Implemented 381.986
					 FS.
New 6-10-20.