Illinois Administrative Code › Title 68 - PROFESSIONS AND OCCUPATIONS › Part 1290 - RULES FOR ADMINISTRATION OF THE COMPASSIONATE USE OF MEDICAL CANNABIS PROGRAM › Subpart E - REGISTRATION OF DISPENSING ORGANIZATION AGENTS › Section 1290.200 - Dispensing Organization Agent-in-Charge

Current through Register Vol. 48, No. 28, July 12, 2024
a) Every dispensing organization shall
				designate, at a minimum, one agent-in-charge for each registered dispensary.
				The designated agent-in-charge must hold a dispensing organization agent
				identification card. Maintaining an agent-in-charge is a continuing requirement
				for the registration, except as provided in subsection (g).
b) The agent-in-charge shall be a principal
				officer or a full-time agent of the dispensing organization and shall manage
				the dispensary. Managing the dispensary includes, but is not limited to,
				responsibility for opening and closing the dispensary, delivery acceptance,
				oversight of sales and dispensary agents, recordkeeping, inventory, dispensary
				agent training, and compliance with the Act and this Part. Participation in
				affairs also includes the responsibility for maintaining all files subject to
				inspection by the Division at the dispensary.
c) The agent-in-charge is responsible for
				promptly notifying the Division of any change of information required to be
				reported to the Division.
d) In
				determining whether an agent-in-charge manages the dispensary, the Division may
				consider the responsibilities identified in this Section, the number of
				dispensary agents under the supervision of the agent-in-charge, and the
				employment relationship between the agent-in-charge and the dispensing
				organization, including the existence of a contract for employment and any
				other relevant fact or circumstance.
e) The agent-in-charge is responsible for
				notifying the Division of a change in the employment status of all dispensing
				organization agents within five business days after the change, including
				notice to the Division if the termination of an agent was for diversion of
				product or theft of currency.
f) In
				the event of the separation of an agent-in-charge due to death, incapacity,
				termination or any other reason and if the dispensary does not have an active
				agent-in-charge, the dispensing organization shall immediately contact the
				Division and request a temporary certificate of authority allowing the
				continuing operation. The request shall include the name of an interim
				agent-in-charge until a replacement is identified, or shall include the name of
				the replacement. The Division shall issue the temporary certificate of
				authority promptly after it approves the request. If a dispensing organization
				fails to promptly request a temporary certificate of authority after the
				separation of the agent-in-charge, its registration shall cease until the
				Division approves the temporary certificate of authority or registers a new
				agent-in-charge. No temporary certificate of authority shall be valid for more
				than 90 days. The succeeding agent-in-charge shall register with the Division
				in compliance with this Part. Once the permanent succeeding agent-in-charge is
				registered with the Division, the temporary certificate of authority is void.
				No temporary certificate of authority shall be issued for the separation of an
				agent-in-charge due to disciplinary action by the Division related to his or
				her conduct on behalf of the dispensing organization.
g) The dispensing organization
				agent-in-charge registration shall expire annually on the date it was issued.
				The agent-in-charge's registration shall be renewed annually. The Division
				shall review the dispensary's compliance history when determining whether to
				grant the request to renew.
h) Upon
				termination of an agent-in-charge's employment, the dispensing organization
				shall immediately reclaim the dispensary agent identification card. The
				dispensing organization shall promptly return the identification card to the
				Division.
i) The Division may deny
				an application for, or renewal of, or revoke an agent-in-charge identification
				card, or discipline an agent-in-charge, for any of the following reasons:
1) Submission of misleading, incorrect, false
				or fraudulent information in the application or renewal application;
2) Violation of the requirements of the Act
				or this Part;
3) Fraudulent use of
				the agent-in-charge identification card;
4) Selling, distributing, transferring in any
				manner, or giving medical cannabis to any unauthorized person;
5) Tampering with, falsifying, altering,
				modifying or duplicating an agent-in-charge identification card;
6) Tampering with, falsifying, altering or
				modifying the surveillance video footage, point of sale system, Illinois
				Cannabis Tracking System, or the State verification system;
7) Tampering with, falsifying, altering or
				modifying patient, provisional patient, designated caregiver or OAPP
				participant applications;
8)
				Failure to notify the Division immediately upon discovery that the
				agent-in-charge identification card has been lost, stolen or
				destroyed;
9) Failure to notify the
				Division within five business days after a change in the information provided
				in the application for an agent-in-charge identification card;
10) Conviction of an excluded offense or any
				incident listed in Section 1290.200 or
				1290.510
				following the issuance of an agent-in-charge identification card;
11) Overdispensing; or
12) For any unethical, dishonorable and
				unprofessional conduct.