reglab/statecodes huggingface dataset:
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-3 - SPECIAL NEEDS SHELTER › Section 64-3.070 - Pre-event Planning Activities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0303(7) FS.
					 Law Implemented 381.0303
					 FS.
New 11-21-07, Repealed
					 3-16-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-3 - SPECIAL NEEDS SHELTER › Section 64-3.080 - Service Reimbursement (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 381.0303(4),
					 381.0303(7) FS.
					 Law Implemented 381.0303
					 FS.
New 11-21-07, Repealed
					 3-16-17.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.004 - Revocation of Dispensing Organization Approval

Current through Reg. 50, No. 138; July 16, 2024
(1) The department shall revoke its approval
				of the Dispensing Organization if the Dispensing Organization does any of the
				following:
(a) Cultivates low-THC cannabis
				before obtaining department authorization;
(b) Knowingly dispenses Derivative Product to
				an individual other than a qualified patient or a qualified patient's legal
				representative without noticing the department and taking appropriate
				corrective action;
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.005 - Inspection and Authorization Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) Submission of an application for
				Dispensing Organization approval or renewal constitutes permission for entry by
				the department at any reasonable time during the approval or renewal process,
				into any Dispensing Organization facility to inspect any portion of the
				facility; review the records required pursuant to Section
				381.986, F.S., or this chapter;
				and identify samples of any low-THC cannabis or Derivative Product for
				laboratory analysis, the results of which shall be forwarded to the department.
				All inspectors shall follow the Dispensing Organization's Visitation Protocol
				when conducting any inspection.
(2)
				A Dispensing Organization must request Cultivation Authorization within 75 days
				of being notified that it has been approved as a region's Dispensing
				Organization. No less than 30 calendar days prior to the initial cultivation of
				low-THC cannabis, the Dispensing Organization shall notify the department that
				the Dispensing Organization is ready to begin cultivation, the Dispensing
				Organization is in compliance with Section
				381.986, F.S., and this rule
				chapter and is seeking Cultivation Authorization. No low-THC cannabis plant
				source material may be present in any Dispensing Organization facility prior to
				Cultivation Authorization.
(3) No
				less than 10 calendar days prior to the initial processing of low-THC cannabis,
				the Dispensing Organization shall notify the department that the Dispensing
				Organization is ready to begin processing, the Dispensing Organization is in
				compliance with Section
				381.986, F.S., and this chapter,
				and is seeking Processing Authorization.
(4) A Dispensing Organization must begin
				dispensing Derivative Product within 210 days of being granted Cultivation
				Authorization. No less than 10 calendar days prior to the initial dispensing of
				Derivative Product, the Dispensing Organization shall notify the department
				that the Dispensing Organization is ready to begin dispensing, the Dispensing
				Organization is in compliance with Section
				381.986, F.S., and this chapter,
				and is seeking Dispensing Authorization.
(5) If the department identifies a violation
				of Section 381.986, F.S., or this chapter
				during an inspection of a Dispensing Organization facility, the Dispensing
				Organization shall notify the department in writing, within 20 calendar days
				after the date of receipt of the written notice of violation, identifying the
				corrective action taken and the date of the correction.
Rulemaking Authority
					 381.986(5)(d)
					 FS. Law Implemented 381.986(5)(b)
					 FS.
New 6-17-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.009 - Compassionate Use Registry

Current through Reg. 50, No. 138; July 16, 2024
(1) Ordering
				physicians licensed under Chapter 458 or 459, F.S., meeting the educational
				requirements of Section
				381.986(4),
				F.S., may access the Compassionate Use Registry using their existing MQA
				Services credentials.
(2) Other
				persons may request access to the Compassionate Use Registry by completing form
				DH8009-OCU-2/2015, "Request for Access to the Compassionate Use Registry, "
				herein incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-05459
.
				Those requesting access must meet one of the following criteria:
(a) Authorized employee of a Dispensing
				Organization;
(b) Law enforcement
				official, or
(c) Authorized
				employee of the department.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.011 - Medical Marijuana Use Registry Identification Cards

Current through Reg. 50, No. 138; July 16, 2024
(1) All patients and caregivers are required
				to have a valid Medical Marijuana Use Registry identification card to obtain
				marijuana or a marijuana delivery device.
(2) To apply for a patient Medical Marijuana
				Use Registry identification card, a person must:
(a) Be a Florida resident, as evidenced by
				the following:
1. An adult resident must
				provide proof of residency as specified in section 381.986(5)(b)1., Florida
				Statutes.
2. An adult seasonal
				resident must provide either proof of residency under subparagraph 1., above,
				or provide a copy of two documents as specified in section 381.986(5)(b)2.,
				Florida Statutes.
3. Minor patients
				must provide proof of residency and have a parent or legal guardian as
				specified in section 381.986(5)(b)3., Florida Statutes.
For all proofs of residency, the name and address on the
				  document(s) provided for proof of residency must match the name and address
				  provided in the application.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.013 - Pesticide Use on Medical Marijuana

Current through Reg. 50, No. 138; July 16, 2024
(1) For
				purposes of this chapter, the term "pesticide" has the meaning given as defined
				in Section 487.021(49),
				F.S.
(2) Any pesticide used in the
				production of medical marijuana or low-THC cannabis must be registered with the
				Florida Department of Agriculture and Consumer Services.
(3) Any pesticide registered with the Florida
				Department of Agriculture and Consumer Services may be used for the cultivation
				of cannabis for medical use in the State of Florida when applied in accordance
				with its label or labeling directions under the following conditions:
(a) For pesticides classified as
				"minimum-risk" and exempted from federal registration under
				40 C.F.R.
				152.25(f) (07/01/2017),
				incorporated herein by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09524
;
1. The active and inert ingredients found in
				the pesticide are exempt from the tolerance requirements set forth pursuant to
				40 C.F.R. 180 subpart D (07/01/2017), incorporated herein by reference and
				available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-10196
;
				and
2. The pesticide is registered
				with the Florida Department of Agriculture and Consumer Services pursuant to
				section 487.041, Florida Statutes, and
				rule 5E-2.031 of the Florida
				Administrative Code, with a label that indicates that the pesticide had been
				approved for use on low-THC cannabis or medical marijuana. Rule
				5E-2.031, F.A.C., "Pesticide
				Registration: Exemptions from Registration; Experimental Use Permits"
				(11/30/2014), is incorporated herein by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-09527
.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.023 - Medical Marijuana Treatment Center Variance Procedure

Current through Reg. 50, No. 138; July 16, 2024
(1) A medical marijuana treatment center may
				request a variance from the representations made in the initial application
				pursuant to section 381.986(8)(e),
				F.S.
(2) In order to obtain a
				variance from the representations made in the initial application, the medical
				marijuana treatment center shall submit a request to the department using Form
				DH8019-OMMU-11/2018, "Medical Marijuana Treatment Center Variance Request, "
				incorporated by reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-10195
.
(3) A medical marijuana treatment center may
				not proceed with a proposed alternative until receipt of approval from the
				department.
(4) If the department
				determines that a medical marijuana treatment center has proceeded with a
				proposed alternative, prior to receiving approval, the medical marijuana
				treatment center shall be subject to the penalties set forth in sections
				381.986(10)(f) and
				(g), F.S.
(5) Changes to a medical marijuana treatment
				center's medical director must be requested in accordance with subsection (2).
				A medical marijuana treatment center may add or remove an officer, board
				member, manager, or employee by notifying the Department in writing at
				OMMULicenseOperation@flhealth.gov of the name and position of the individual to
				be added or removed, with an updated copy of the medical marijuana treatment
				center's organizational chart if the change in personnel amends the existing
				organizational chart. However, no officer, board member, manager, or employee
				may be added by a medical marijuana treatment center prior to that individual
				passing a background screening pursuant to section
				381.986(9),
				F.S.
(6) If the medical marijuana
				treatment center intends to claim any exemption from public records disclosure
				under section 119.07, F.S., or any other
				exemption from public records disclosure provided by law for any part of its
				variance request, it shall indicate on the request the specific sections for
				which it claims an exemption and the statutory basis for the exemption. The
				requestor shall submit a redacted copy of the variance request redacting those
				items identified as exempt concurrent with the submission of the variance
				request for approval under subsection (2) above. Failure to provide a redacted
				copy of the variance request at the time of submission, or failure to identify
				and redact information claimed as trade secret will result in the release of
				all information in response to a public records request unless the information
				falls under another public records exemption. All identified trade secrets are
				subject to the department review in accordance with section
				381.83,
				F.S.
Rulemaking Authority
					 381.986(8)(k),
					 381.986(10)(h)
					 FS. Law Implemented 381.986(8)(e),
					 381.986(10)
					 FS.
New 1-10-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.207 - MMTC Marijuana Waste Management and Disposal

Current through Reg. 50, No. 138; July 16, 2024
(1) As used in this rule, the term "Marijuana
				Waste" includes the following materials:
(a)
				Plant material waste, which means leaves, stalks, stems, and any other part of
				the marijuana plant that contains tetrahydrocannabinol and is not processed
				with solvent or used in the processing of marijuana to generate usable
				product;
(b) Processing waste,
				which means spent solvents, laboratory wastes, and similar materials used in
				the processing of marijuana to generate usable product;
(c) Product waste, which means marijuana and
				usable product that is unfit for sale or consumption. Product waste includes
				unused, returned, surplus, contaminated, recalled, and expired marijuana or
				usable product; and
(d) Other
				contaminated materials ready for disposal. "Contaminated materials" mean any
				item, object, utensil, or tool that contained, or came in contact with,
				marijuana or usable product and has trace residuals of marijuana thereon. An
				MMTC may clean contaminated materials using any method that eliminates any
				trace marijuana residuals from the material. Once the material has been cleaned
				of all trace marijuana residuals, the material may be recycled or disposed of
				like any other non-marijuana waste that falls outside the scope of this
				rule.
(e) Notwithstanding the
				foregoing, Marijuana Waste does not include hazardous waste or universal waste,
				as those terms are defined in Rule
				62-730.020, F.A.C. (10/30/2020),
				which is incorporated by reference herein and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13901
.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.208 - MMTC Background Screening

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Required Background Screening.
(a) No person
				may serve as an employee, owner, or manager, as those terms are defined by this
				chapter, of an MMTC unless and until the person has undergone and successfully
				passed a background screening, as provided in Section
				381.986, F.S.
(b) An MMTC that allows a person to serve as
				an employee, owner, or manager without successfully passing a required
				background screening will be subject to discipline under this
				chapter.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.210 - MMTC Fines, Suspension, and Revocation

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to Section
				381.986, F.S., the department
				provides within this rule disciplinary guidelines that will be imposed upon
				licensed MMTCs. The purposes of discipline are to penalize MMTCs for
				violations; to deter them from future violations; to offer opportunities for
				correction, when appropriate; and to deter other applicants or licensees from
				committing violations.
(2) The
				department may suspend or revoke an MMTC license, or refuse to renew an MMTC
				license, if the department finds that an MMTC committed a violation as provided
				in Section 381.986(10)(f),
				F.S. For any such violation, the department may revoke or suspend an MMTC's
				license for a period of time based upon the seriousness of the violation.
				Factors to be considered in determining the seriousness of the violation
				include:
(a) Frequency or number of
				occurrences;
(b) Potential for
				rehabilitation;
(c) Any prior
				violations;
(d) Impact on the
				department;
(e) Potential and/or
				actual harm to a qualified patient or a member of the public;
(f) Willfulness and deliberateness of the
				violation;
(g) Severity of
				noncompliance;
(h) Length of
				noncompliance;
(i) Any good faith
				effort made to prevent a violation; and
(j) Any corrective action taken by the MMTC
				related to the current violation or prior violations.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.212 - MMTC Regulatory Compliance Testing

Current through Reg. 50, No. 138; July 16, 2024
(1) The capitalized terms used in this rule
				shall have the same meaning as provided in Emergency Rule 64ER20-1,
				F.A.C.
(2) An MMTC must contact a
				Certified Marijuana Testing Laboratory (CMTL) and arrange for the CMTL to
				select and collect a random and representative sample of Final Product from
				every Retail Batch for regulatory compliance testing from an MMTC's
				department-approved processing facility or department-approved fulfillment and
				storage facility.
(3) All Final
				Products must pass regulatory compliance testing as provided in the CMTL Sample
				Testing rule prior to being transported by an MMTC to a dispensing facility and
				prior to being dispensed to a qualified patient or caregiver.
(4) Within 14 calendar days of receipt of a
				failed Certificate of Analysis from a CMTL due to Contaminants Unsafe for Human
				Consumption, an MMTC must:
(a) Provide the
				department with a completed Notification of Resampling and Retesting form as
				provided in paragraph (5)(a);
(b)
				Provide the department with a completed Notification of Remediation form as
				provided in Rule 64-4.213, F.A.C.; or
(c) Provide notice to the department via
				email to OMMUlabs@flhealth.gov indicating that the MMTC will dispose of the
				Retail Batch in accordance with Rule
				64-4.207,
				F.A.C.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-4 - COMPASSIONATE USE › Section 64-4.213 - MMTC Remediation

Current through Reg. 50, No. 138; July 16, 2024
(1) The capitalized
				terms used in this rule shall have the same meaning as provided in Emergency
				Rule 64ER20-1.
(2) An MMTC may
				remediate a previously failed Retail Batch as provided for herein.
(3) Prior to remediating a previously failed
				Retail Batch, an MMTC must provide the failed Certificate of Analysis together
				with completed Form DH8025-OMMU-03/2021, Notification of Remediation, which is
				incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-13905
via email to OMMULABS@flhealth.gov. An MMTC must remediate a previously failed
				Retail Batch within 30 calendar days of submission of the Notification of
				Remediation form to the department.
(4) Usable Whole Flower Marijuana that fails
				regulatory compliance testing may be remediated through processing to create
				Derivative Product. Usable Whole Flower Marijuana that fails regulatory
				compliance testing due to Water Activity or Moisture Content may also be
				remediated by subjecting the Retail Batch to additional drying or
				curing.
(5) Derivative Product,
				excluding Edibles, that fails regulatory compliance testing for Heavy Metals or
				Agricultural Agents shall be disposed of in accordance with Rule
				64-4.207, F.A.C. Derivative
				Product, excluding Edibles, that fails regulatory compliance testing for
				Residual Solvents, Microbes, or Mycotoxins may be remediated through further
				processing.
(6) Edibles that fail
				regulatory compliance testing for any reason may not be remediated and must be
				disposed of in accordance with Rule
				64-4.207, F.A.C.
(7) All remediated products must undergo and
				pass regulatory compliance testing in accordance with the MMTC Regulatory
				Compliance Testing rule as a new Retail Batch.
(8) A remediated Retail Batch is not eligible
				for additional remediation.
(9)
				This rule shall be reviewed, and if necessary, repealed, modified, or renewed
				through the rulemaking process five years from the effective
				date.
Rulemaking Authority 381.986(8)(e)11.d.,
					 381.986(8)(k)
					 FS. Law Implemented 381.986(8)(e)11.
					 FS.
New 12-20-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-5 - OUT-OF-HOSPITAL BIRTH ADVERSE INCIDENT REPORTING › Section 64-5.001 - Out-of-Hospital Birth Adverse Incident Reporting

Current through Reg. 50, No. 138; July 16, 2024
A physician licensed under Chapter 458 or 459, F.S., a nurse
				  midwife certified under Part I of Chapter 464, F.S. or a midwife licensed under
				  Chapter 467, F.S. shall report adverse incidents, as defined in Section
				  456.0495, F.S., over which he or
				  she could exercise control that are associated with a planned out-of-hospital
				  birth to the Department on Form DH5029-MQA, Adverse Incident Report for Planned
				  Out-of-Hospital Births, 07/2018, incorporated by reference and available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-10224
,
				  within 15 days after the adverse incident occurs.
Rulemaking Authority
					 456.0495 FS. Law Implemented
					 456.0495
					 FS.
New 1-28-19.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-8 - PENALTIES FOR COVID-19 VACCINE DOCUMENTATION REQUIREMENTS › Section 64-8.001 - Penalties for COVID-19 Vaccine Documentation Requirements

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department will issue a notice of
				violation to any business entity, governmental entity or educational
				institution found in violation of Section
				381.00316, F.S., prior to final
				agency action. Such notice will include hearing rights pursuant to Section
				120.569, F.S.
(2) Each violation of Section
				381.00316, F.S., will result in
				the imposition of a $5, 000 fine per individual and separate violation against
				the business, governmental entity or the educational institution. Fines imposed
				are due and payable to the Department within 30 days of entry of the final
				order unless otherwise stated in the final order.
(3) This rule will be reviewed and repealed,
				modified, or renewed through the rulemaking process five years from the
				effective date.
Rulemaking Authority
					 381.00316(6)
					 FS. Law Implemented 381.00316
					 FS.
New 9-16-21.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64-8 - PENALTIES FOR COVID-19 VACCINE DOCUMENTATION REQUIREMENTS › Section 64-8.002 - Penalties for Public Employee COVID-19 Vaccine Mandates

Current through Reg. 50, No. 138; July 16, 2024
(1) The Department will issue a notice of
				violation to any governmental entity or educational institution found in
				violation of Section 112.0441, F.S., prior to final
				agency action. Such notice will include hearing rights pursuant to Section
				120.569, F.S.
(2) Each violation of Section
				112.0441, F.S., will result in
				the imposition of a $5, 000 fine per individual and separate violation against
				the governmental entity or the educational institution. Fines imposed are due
				and payable to the Department within 30 days of entry of the final order unless
				otherwise stated in the final order.
Rulemaking Authority
					 112.0441(4) FS.
					 Law Implemented 112.0441
					 FS.
New 6-21-22.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER22 - EMERGENCY RULE FOR YEAR 2022 › Section 64ER22-5 - CMTL Fines, Suspension, and Revocation

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to s.
				381.988,
				F.S., the department provides within this rule disciplinary guidelines that
				will be imposed upon CMTLs. The purpose of these disciplinary guidelines is to
				outline penalties for violations; to deter future violations; and to offer
				opportunities for correction, when appropriate.
(2) Once certified by the department, a CMTL
				must at all times maintain compliance with the requirements set forth in s.
				381.986,
				F.S., s.
				381.988,
				F.S., CMTL rules, and the representations made in the CMTL's application for
				certification. Failure to do so will result in disciplinary action in
				accordance this rule.
(3) The
				department may suspend or revoke a CMTL's certification, or refuse to renew a
				CMTL's certification, if the department finds that the CMTL committed a
				violation of s.
				381.986,
				F.S., s. 381.988, F.S., or department rules, or that the CMTL failed to
				maintain compliance with the representations made in its initial application or
				renewal application. For any such violation, the department may revoke or
				suspend a CMTL's certification for a period of time based on the seriousness of
				the violation. The department will use the factors set forth in s.
				381.988(8)(a)-(d), F.S., to determine whether to suspend or revoke a CMTL
				license. In determining the severity of the violation, the department will
				consider the following:
(a) Frequency or
				number of occurrences;
(b)
				Potential for rehabilitation;
(c)
				Impact on the department;
(d)
				Impact on MMTCs;
(e) Potential
				and/or actual harm to a qualified patient or a member of the public;
(f) Willfulness and deliberateness of the
				violation;
(g) Severity of
				noncompliance;
(h) Length of
				noncompliance; and
(i) Any good
				faith effort to prevent a violation.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER22 - EMERGENCY RULE FOR YEAR 2022 › Section 64ER22-6 - Renewal Application Requirements for CMTLs

Current through Reg. 50, No. 138; July 16, 2024
(1) Each CMTL seeking renewal of its
				certification for a Testing Facility must submit a renewal application to the
				department in compliance with Form DH8040-OMMU-02/2022, "Certified Marijuana
				Testing Laboratory Renewal Application Instructions, Requirements, and Forms,"
				herein incorporated by reference and available at
https://knowthefactsmmj.com/rules-and-regulations/
.
				A CMTL must also submit a non-refundable renewal fee of $78,000 by cashier's
				check made payable to the "Florida Department of Health."
(2) Renewal certification will be on a
				per-Testing Facility basis. A separate renewal application and renewal fee must
				be submitted for each Testing Facility.
(3) The following are grounds for denial of a
				renewal application:
(a) Failure to submit
				the $78,000 renewal fee;
(b)
				Failure to provide the information and documentation required by the "Certified
				Marijuana Testing Laboratory Renewal Application Instructions, Requirements,
				and Forms;"
(c) Failure to timely
				correct errors or omissions in the renewal application or supply other required
				renewal application information to the department upon request;
(d) Failure to meet the requirements of
				section
				381.988,
				F.S., or any rules adopted thereunder; and
(e) Any deficiencies or violations that are
				grounds for revocation, suspension, or denial of certification pursuant to
				sections
				381.986
				or
				381.988,
				F.S., or department rules.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER22 - EMERGENCY RULE FOR YEAR 2022 › Section 64ER22-8 - Dosing and Supply Limits for Medical Marijuana

Current through Reg. 50, No. 138; July 16, 2024
(1) Pursuant to s.
				381.986(4)(f),
				F.S., a qualified physician may not issue a physician certification for more
				than three 70-day supply limits of marijuana or more than six 35-day supply
				limits of marijuana in a form for smoking. The 70-day supply limit and 35-day
				supply limit are set forth in this rule.
(2) A 35-day supply limit for marijuana in a
				form for smoking shall not exceed 2.5 ounces. Marijuana in a form for smoking
				shall only be dispensed by an MMTC as usable whole flower, ground usable whole
				flower, or prerolled marijuana cigarettes. An MMTC may not dispense usable
				whole flower, ground usable whole flower, or prerolled marijuana cigarettes
				under any other route of administration (e.g., vaporization).
(3) The equivalent daily dose amount limit
				and 70-day supply limit for approved routes of administration of marijuana are
				as follows:
Route of
							 Administration
Daily Dose Amount
70-Day Supply
							 Limit
Edibles
60 mg THC
4,200 mg THC
Inhalation (e.g., vaporization)
350 mg THC
24,500 mg THC
Oral (e.g., capsules, tinctures)
200 mg THC
14,000 mg THC
Sublingual (e.g., sublingual tinctures)
190 mg THC
13,300 mg THC
Suppository
195 mg THC
13,650 mg THC
Topical (e.g., creams)
150 mg THC
10,500 mg THC
Marijuana in a form for smoking
2.025 grams
N/A
(4)
				An aggregate 70-day supply limit of marijuana, other than marijuana in a form
				for smoking, shall not exceed 24,500 mg of THC.
(5) A qualified physician may request an
				exception to the daily dose amount limit, the 35-day supply limit of marijuana
				in a form for smoking, and the 4-ounce possession limit of marijuana in a form
				for smoking by electronically submitting the information required by Form
				DH8031-OMMU-08/2022, "Request for Exception," incorporated by reference herein
				and available at
https://knowthefactsmmj.com/rules-and-regulations/
,
				to the department via the Medical Marijuana Use Registry.
(a) An exception to the 4-ounce possession
				limit for marijuana in a form for smoking will only be approved in conjunction
				with an approved exception to the 35-day supply limit for marijuana in a form
				for smoking.
(b) Upon receipt of
				the completed "Request for Exception" form through the Medical Marijuana Use
				Registry and any required documentation, the department will approve or
				disapprove the exception request within 14 calendar days.
(c) When submitting a "Request for Exception"
				to the department, a qualified physician is responsible for complying with the
				relevant practice act, Chapter 458 or 459, F.S., and any applicable standards
				of practice or practice requirements adopted thereunder. Violations are subject
				to disciplinary action by the governing regulatory board.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER22 - EMERGENCY RULE FOR YEAR 2022 › Section 64ER22-9 - Application for MMTC Licensure

Current through Reg. 50, No. 138; July 16, 2024
(1) The
				following definitions apply to this emergency rule.
(a) "Batching cycle" means the grouping for
				comparative review of applications for MMTC licensure that are submitted for a
				specified number of available MMTC licenses within the same application
				window.
(b) "Application window"
				means the 5-day period during which the department will accept applications for
				a batching cycle, including the date and time upon which the department will
				begin accepting applications and the deadline (including the date and time) for
				submitting applications.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER22 - EMERGENCY RULE FOR YEAR 2022 › Section 64ER22-10 - Renewal Application Requirements for MMTCs

Current through Reg. 50, No. 138; July 16, 2024
(1) Each MMTC seeking renewal of its MMTC
				license shall submit a renewal application to the department in compliance with
				Form DH8053-OMMU-12/12/2022 "Medical Marijuana Treatment Center Renewal
				Application Instructions, Requirements, and Forms," herein incorporated by
				reference and available at
https://knowthefactsmmj.com/rules-and-regulations/
,
				together with a renewal fee in the amount prescribed in subsection (9)
				below.
(2) Renewal applicants may
				not submit variance requests, pursuant to Rule
				64-4.023, F.A.C., as part of the
				renewal application. Renewal applicants are prohibited from submitting as part
				of a renewal application any information that varies or changes the MMTC's
				initial application, as amended by variance requests approved by the
				department. Approval of a renewal application does not constitute a variance
				approval.
(3) The following are
				grounds for denial of a renewal application:
(a) Failure to submit the required renewal
				fee;
(b) Failure to provide
				information or documentation required by the "Medical Marijuana Treatment
				Center Renewal Application Instructions, Requirements, and Forms;"
(c) Failure to timely correct errors or
				omissions or supply required information to the department upon request made
				pursuant to s. 120.60, F.S.;
(d) Failure to meet minimum statutory
				requirements; or
(e) Any
				deficiencies or violations that are grounds for revocation or denial pursuant
				to statute or department rule.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER23 - EMERGENCY RULE FOR YEAR 2023 › Section 64ER23-1 - Application Window for April 2023 MMTC Batching Cycle

Current through Reg. 50, No. 138; July 16, 2024
(1) The definitions stated in Emergency Rule
				64ER22-9 apply to this rule.
(2)
				This emergency rule establishes the application window for the April 2023
				batching cycle for MMTC licensure.
(3) The application window for the April 2023
				batching cycle opens on Monday, April 24, 2023, at 9:00 a.m. eastern time. The
				application window closes on Friday, April 28, 2023, at 5:00 p.m. eastern
				time.
(4) 22 MMTC licenses are
				available in the April 2023 batching cycle.
(5) Applications for the April 2023 batching
				cycle must be submitted to the department in accordance with Emergency Rule
				64ER22-9.
Rulemaking Authority Art. X, § 29, Fla. Const.,
					 381.986(8)(b),
					 381.986(8)(k),
					 FS. Law Implemented Art. X, § 29, Fla. Const.,
					 381.986(8)(a) and
					 (b),
					 FS.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER23 - EMERGENCY RULE FOR YEAR 2023 › Section 64ER23-2 - Caregiver Background Screening and Request for Close Relative Status

Current through Reg. 50, No. 138; July 16, 2024
(1) Background
				Screening Requirement. Except as provided in subsection (5) below, individuals
				applying for a caregiver Medical Marijuana Use Registry (MMUR) identification
				card must complete a level 2 background screening in accordance with section
				381.986(9),
				F.S., and this rule.
(2) Background
				Screening Procedures.
(a) Caregiver
				applicants required to undergo level 2 background screening must comply with
				the following procedures:
1. A caregiver
				applicant must submit to the department a completed Form DH8048-OMMU-05/2023,
				"Caregiver Background Screening Acknowledgment and Information" incorporated by
				reference and available at
https://knowthefactsmmj.com/rules-and-regulations/
.
				The "Caregiver Background Screening Acknowledgment and Information" must be
				signed by the caregiver applicant and submitted to the department via email at
				MMUR_Applications@flhealth.gov.
2.
				A caregiver applicant must submit a full set of fingerprints to a Livescan
				Service Provider and, at the time of submission, give to the Livescan Service
				Provider the ORI number FL924890Z (DOH - OFFICE OF MEDICAL MARIJUANA USE),
				ATTN: Caregiver.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER24 - Emergency Rule for Year 2024 › Section 64ER24-1 - MMTC Seed-to-Sale Tracking System Integration

Current through Reg. 50, No. 138; July 16, 2024
(1) For purposes of this rule, the following
				definitions apply:
(a) "Department STS
				Tracking System" means the computer software seed-to-sale (STS) tracking system
				established, maintained, and controlled by the department pursuant to s.
				381.986(8)(d),
				F.S.
(b) "Internal STS Tracking
				System" means an MMTC's own computer software seed-to-sale tracking
				system.
(c) "Unique product ID"
				means a unique combination of letters, numbers, or special characters selected
				by an MMTC and assigned to each type of usable product and marijuana delivery
				device made available to qualified patients. Usable products of the same
				cultivar, size, volume, flavor, ratio of tetrahydrocannabinol to cannabidiol,
				and route of administration shall be considered a single product type for
				purposes of assigning a unique product ID. The stock-keeping unit (SKU) number
				assigned to an MMTC's usable product or marijuana delivery device may also
				serve as the unique product ID so long as the SKU number is unique to each
				product type and marijuana delivery device.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64 - Departmental › Chapter 64ER24 - Emergency Rule for Year 2024 › Section 64ER24-2 - MMTC STS Tracking System Procedures

Current through Reg. 50, No. 138; July 16, 2024
(1) For the purposes of this rule, the
				following definitions apply:
(a) "Department
				STS Tracking System" means the computer software seed-to-sale (STS) tracking
				system established, maintained, and controlled by the department pursuant to s.
				381.986(8)(d),
				F.S.
(b) "Internal STS Tracking
				System" means an MMTC's own computer software seed-to-sale tracking
				system.
(c) "Point-of-sale system"
				means a computer software system used by an MMTC to accept payments from
				customers and track sales of marijuana delivery devices and usable product. An
				MMTC's Internal STS Tracking System may also serve as the MMTC's point-of-sale
				system.
(d) "Unique product ID"
				means a unique combination of letters, numbers, or special characters selected
				by an MMTC and assigned to each type of usable product and marijuana delivery
				device made available to qualified patients. Usable products of the same
				cultivar, size, volume, flavor, ratio of tetrahydrocannabinol to cannabidiol,
				and route of administration shall be considered a single product type for
				purposes of assigning a unique product ID. The stock-keeping unit (SKU) number
				assigned to an MMTC's usable product or marijuana delivery device may also
				serve as the unique product ID so long as the SKU number is unique to each
				product type and marijuana delivery device.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.001 - Application Deadlines; Examination Rescheduling (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1) FS.
					 Law Implemented 456.013(1),
					 456.017(1)
					 FS.
New 9-7-98, Amended 7-20-03, 9-30-09, Repealed
					 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.002 - Notification of Applicants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1) FS.
					 Law Implemented 456.017(1)
					 FS.
New 9-7-98, Amended 7-20-03, 9-30-09, Repealed
					 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.003 - Examination Administration (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1)(a), (d),
					 (f) FS. Law Implemented
					 456.017(1)
					 FS.
New 9-7-98, Amended 7-20-03, 3-26-07, 4-7-08, 9-30-09,
					 Repealed 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.004 - Conduct at Test Site (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1) FS.
					 Law Implemented 456.017(1)
					 FS.
New 9-7-98, Amended 7-20-03, 9-30-09, Repealed
					 12-21-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.005 - Special Testing Accommodations

Current through Reg. 50, No. 138; July 16, 2024
(1)
(a) The department will provide reasonable
				and appropriate accommodations to candidates with physical, mental, or specific
				learning disabilities to the extent permitted by cost, administration
				restraints, security considerations and availability of resources.
				Accommodations made will vary depending upon the nature and the severity of the
				impairment.
(b) For national
				examinations the national vendor will determine the accommodations available to
				candidates who demonstrate to the department the necessity of such
				accommodations due to disability.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.006 - Practical or Clinical Examinations (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1) FS.
					 Law Implemented 456.017
					 FS.
New 9-7-98, Amended 7-20-03, 9-30-09, Repealed
					 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.007 - Selection Criteria for Examiners and Examination Consultants (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1) FS.
					 Law Implemented 456.017(1)
					 FS.
New 9-7-98, Amended 7-20-03, 9-30-09, Repealed
					 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.008 - Grading of Examinations; Grade Notification

Current through Reg. 50, No. 138; July 16, 2024
(1) Grading of all examinations shall be
				processed as follows:
(a) National
				examinations shall be graded solely and exclusively by the national examination
				provider or its contract provider.
(b) Department-developed practical or
				clinical or computer-based testing examinations shall be graded by the
				department or its contract provider. The department or its contract provider
				shall review any statistically questionable items for psychometric soundness
				via the item analysis after the examination has been administered. Based upon
				this review and/or the examination consultant's recommendations, the department
				or its contract provider shall adjust the scoring key by rejecting
				psychometrically unsound questions, crediting for more than one correct answer,
				or giving partial credit for any question or procedure which does not
				adequately and reliably measure the applicant's ability to practice the
				profession. The department or its contract provider shall calculate each
				candidate's grade utilizing the scoring key, or adjusted scoring key if
				applicable, and shall provide each candidate a grade
				report.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.009 - Pre-hearing Review Request (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.014,
					 456.017(2) FS.
					 Law Implemented 456.014,
					 456.017
					 FS.
New 9-7-98, Amended 2-21-00, 7-20-03, 6-19-08, 9-30-09,
					 Repealed 12-21-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.011 - Requirements and Standards of a National Examination

Current through Reg. 50, No. 138; July 16, 2024
(1) National examinations will be certified
				by the department according to the criteria established in this rule. National
				examinations shall be recertified during contract renewal periods as
				established by the department.
(a) The
				national examination shall be developed either by or for a national, regional,
				or multi-state professional association, board, council or society (hereinafter
				referred to as national organization). The organization providing the
				examination shall either:
1. Be recognized by
				state regulatory boards as a national organization, or
2. Be recognized by a substantial number of
				that profession's licensed practitioners as a national organization,
				or
3. Have a substantial number of
				the nation's practitioners licensed or certified through an examination
				provided by or for the national organization.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.012 - Guidelines for Sharing Department-Developed Examinations with Other State Licensing Authorities (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1)(e)
					 FS. Law Implemented 456.017(1)(e)
					 FS.
New 9-7-98, Repealed
					 3-30-14.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.015 - Physician Assistant Examination for Graduates of Foreign Medical Schools (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority 458.347(7)(b)3. FS. Law Implemented
					 458.347(7)(b)3. FS.
New 7-5-99, Repealed
					 11-6-01.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.016 - Fees: Examination and Post-Examination Review (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 (10),
					 456.017(1)(b), (2), (6),
					 (7) FS. Law Implemented
					 456.004(10),
					 456.017(1), (2)
					 FS.
New 3-14-02, Amended 7-20-03, 7-12-05, 1-23-07, 4-7-08,
					 6-29-09, 3-19-12, Repealed 11-3-15.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-1 - EXAMINATIONS › Section 64B-1.017 - Use of Pilot Test Items (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004(5),
					 456.017(1) FS.
					 Law Implemented 456.017(1)
					 FS.
New 7-20-03, Repealed
					 9-30-09.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-2 - PRACTITIONER PROFILE › Section 64B-2.001 - Practitioner Profile

Current through Reg. 50, No. 138; July 16, 2024
The Practitioner Profile shall consist of:
(1) "Practitioner Information" shall consist
				of the practitioner's license number, license status, year the practitioner
				began practicing his or her profession, primary business name, business
				address, business city and state, each hospital where practitioner has staff
				privileges, hospital city and state, and each faculty appointment held by the
				practitioner including the practitioner's faculty title, and the name, city and
				state of the institution.
(2)
				"Education and Training" shall consist of the name of each school attended, the
				degree title, dates attended, and date of graduation. It will also consist of
				other health related degrees the practitioner has received, the degree title,
				and years attended.
(3)
				"Professional and Postgraduate Training" shall consist of each program's name,
				program type, specialty area, program city, state and country, and years
				attended.
(4) "Specialty" shall
				consist of the name of each certifying body and the title of each certification
				received by the practitioner.
(5)
				"Optional Information" may include, but is not limited to, the following:
(a) Committees/memberships organization
				name;
(b) Professional or community
				service award name and organization;
(c) Publications in peer-reviewed medical
				literature including publication title and the year it was published;
(d) Languages spoken other than
				English;
(e) Other affiliations
				organization name;
(f) Email
				address;
(g) Other professional
				licenses, including jurisdiction and profession.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-2 - PRACTITIONER PROFILE › Section 64B-2.002 - Information Required Upon Renewal (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004,
					 456.044 FS. Law Implemented
					 456.039,
					 456.0391,
					 458.319,
					 459.008,
					 460.407,
					 461.007
					 FS.
New 9-2-01, Repealed
					 3-29-12.
Florida Administrative Code › 64 - DEPARTMENT OF HEALTH › 64B - Division of Medical Quality Assurance › Chapter 64B-2 - PRACTITIONER PROFILE › Section 64B-2.003 - Profile Updates (Repealed)

Current through Reg. 50, No. 138; July 16, 2024
Rulemaking Authority
					 456.004 FS. Law Implemented
					 456.0391,
					 456.042
					 FS.
New 9-2-01, Amended 3-28-05 Repealed
					 3-30-14.