reglab/statecodes huggingface dataset:
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-4 - Laboratory quality assurance and quality control

Current through Vol. 41, No. 20, July 1, 2024
(a)
Laboratory Quality Assurance (LQA) program.
The medical laboratory
				director shall develop and implement an LQA program to ensure the reliability
				and validity of the analytical data produced by the laboratory.
(1) The LQA program shall, at minimum,
				include a written LQA manual that addresses the following:
(A) Quality control procedures, including
				remedial actions;
(B) Laboratory
				organization and employee training and responsibilities;
(C) LQA criteria for acceptable
				performance;
(D) Traceability of
				data and analytical results;
(E)
				Instrument maintenance, calibration procedures, and frequency;
(F) Performance and system audits;
(G) Steps to change processes when
				necessary;
(H) Record
				retention;
(I) Test procedure
				standardization; and
(J) Method
				validation, including, but not limited to, accuracy, precision, sensitivity,
				cross-over, Limit of Detection (LOD), Limit of Quantitation (LOQ), linearity,
				and measurement of uncertainty. For chromatographic methods, accuracy
				measurements must include statistical determination of an acceptable retention
				time window for identification of an analyte;
(K) Method verification of all externally
				validated methods, including but not limited to the laboratory's ability to
				achieve the validated method's performance criteria, analyst demonstration of
				competency, and a passing score for sample proficiency testing in an
				appropriate matrix;
(L) Any
				material alteration of a validated method, whether developed externally or
				internally, causes the method to become a laboratory developed method and
				subject to full validation;
(M)
				Validation or verification of a method following non-routine maintenance,
				repair of an instrument, or relocation of an analytical piece of
				equipment.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-4 - Laboratory quality assurance and quality control

Current through Vol. 41, No. 20, July 1, 2024
(a)
Laboratory Quality Assurance (LQA)
				program.
The medical laboratory director shall develop and implement an
				LQA program to ensure the reliability and validity of the analytical data
				produced by the laboratory.
(1) The LQA
				program shall, at minimum, include a written LQA manual that addresses the
				following:
(A) Quality control procedures,
				including remedial actions;
(B)
				Laboratory organization and employee training and responsibilities;
(C) LQA criteria for acceptable
				performance;
(D) Traceability of
				data and analytical results;
(E)
				Instrument maintenance, calibration procedures, and frequency;
(F) Performance and system audits;
(G) Steps to change processes when
				necessary;
(H) Record
				retention;
(I) Test procedure
				standardization; and
(J) Method
				validation, including, but not limited to, accuracy, precision, sensitivity,
				cross-over, LOD, linearity, and measurement of uncertainty.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-5 - Quality assurance laboratory

Current through Vol. 41, No. 20, July 1, 2024
(a) Purpose. The
				Authority is authorized to operate a quality assurance laboratory or to
				contract with a private laboratory for the purpose of evaluating the day-to-day
				operations of licensed laboratories. Any such contracted laboratory is
				prohibited from conducting any other commercial medical marijuana testing in
				this state.
(b) Accreditation. The
				quality assurance laboratory must be accredited by or have made application for
				accreditation to ANSI/ASQ National Accreditation Board, American Association
				for Laboratory Accreditation (A2LA), Perry Johnson Laboratory Accreditation
				(PJLA), or any other accrediting entity using the ISO/IEC Standard 17025.
				Accreditation or application for accreditation must be from one of these
				entities in both chemistry and biology or cannabis.
(c) Duties. The Authority shall utilize the
				quality assurance laboratory to:
(1) Conduct
				Inter-Laboratory Control Testing of laboratory licensees and applicants in a
				manner and frequency approved by the Authority;
(2) Provide recommendations for all equipment
				and standards to be utilized by licensed medical marijuana testing laboratories
				when testing samples of medical marijuana, medical marijuana concentrate, and
				medical marijuana products;
(3)
				Provide standardized operating procedures when procuring, collecting,
				extracting, and testing medical marijuana, medical marijuana concentrate, and
				medical marijuana products;
(4)
				Procure, handle, transfer, transport, and test samples taken from medical
				marijuana licensed businesses;
(5)
				Implement the secret shopper program pursuant to 63 O.S. 427.25 of the Oklahoma
				Statutes;
(6) Detect and analyze
				any compounds that are not among the targeted analytes and are unknown,
				unidentified, tentatively identified, or known and injurious to human health if
				consumed; and
(7) Other actions as
				deemed appropriate by the Authority to ensure compliance with Oklahoma law and
				these Rules.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-5 - Quality assurance laboratory

Current through Vol. 41, No. 20, July 1, 2024
(a)
Purpose.
The Authority is authorized to contract with a private
				laboratory for the purpose of evaluating the day-to-day operations of licensed
				laboratories. Any such contracted laboratory is prohibited from conducting any
				other commercial medical marijuana testing in this state.
(b)
Accreditation.
The quality
				assurance laboratory must be accredited by or have made application for
				accreditation to ANSI/ASQ National Accreditation Board, American Association
				for Laboratory Accreditation (A2LA), Perry Johnson Laboratory Accreditation
				(PJLA), or any other accrediting entity using the ISO/IEC Standard 17025.
				Accreditation or application for accreditation must be from one of these
				entities in both chemistry and biology or cannabis.
(c)
Duties.
On behalf of the
				Authority, a contracted private laboratory shall have the authority to:
(1) Conduct Inter-Laboratory Control Testing
				of laboratory licensees and applicants in a manner and frequency approved by
				the Authority;
(2) Inspect and
				assess testing equipment of licensed testing laboratories;
(3) Access and test LQC samples;
(4) Inspect and obtain copies of all
				laboratory documents and records, including but not limited to SOPs, COAs,
				testing reports, policies, and manuals;
(5) Interview laboratory employees, owners,
				and agents for the purpose of evaluating compliance with Oklahoma law and these
				Rules; and
(6) Other actions as
				deemed appropriate by the Authority to ensure compliance with Oklahoma law and
				these Rules.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-6 - Laboratory standardization recommendations

Current through Vol. 41, No. 20, July 1, 2024
Laboratory standardization recommendations. Beginning June 1,
				  2024, medical marijuana testing laboratories renewing their medical marijuana
				  business license shall be subject to and comply with the following rules
				  relating to the testing of medical marijuana, medical marijuana concentrate,
				  and medical marijuana products. The refusal or failure of a medical marijuana
				  testing laboratory licensee to comply with these rules relating to laboratory
				  standards and testing procedures shall result in the permanent revocation of
				  the medical marijuana testing laboratory license.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-6.3 - Laboratory standardization recommendations for sampling requirements and procedures

Current through Vol. 41, No. 20, July 1, 2024
(a)
Laboratory standardization recommendations.
Beginning June 1,
				2024, medical marijuana testing laboratories renewing their medical marijuana
				business license shall be subject to and comply with the following rules
				relating to the testing of medical marijuana, medical marijuana concentrate,
				and medical marijuana products. The refusal or failure of a medical marijuana
				testing laboratory licensee to comply with these rules relating to laboratory
				standards and testing procedures shall result in the permanent revocation of
				the medical marijuana testing laboratory license.
(b)
General requirements.
Samples must be collected, handled, stored, and disposed of in accordance with
				this Section. Individuals collecting samples are called "Samplers."
(1) Samplers shall:
(A) Follow the approved standard operating
				procedures of the laboratory that will be testing the samples collected;
(B) Be trained on how to collect
				samples in accordance with the standard operating procedures of the
				laboratory(ies) that will be conducting the testing on the samples
				collected;
(C) Have access to a
				copy of the laboratory's standard operating procedures while they are
				collecting the samples; and
(D)
				Follow inventory manifest requirements set forth in these
				Rules.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 8 - Laboratory Testing › Section 442:10-8-6.4 - Laboratory standardization recommendations for laboratory quality assurance and quality control

Current through Vol. 41, No. 20, July 1, 2024
(a)
Laboratory standardization recommendations.
Beginning June 1,
				2024, medical marijuana testing laboratories renewing their medical marijuana
				business license shall be subject to and comply with the following rules
				relating to the testing of medical marijuana, medical marijuana concentrate,
				and medical marijuana products. The refusal or failure of a medical marijuana
				testing laboratory licensee to comply with these rules relating to laboratory
				standards and testing procedures shall result in the permanent revocation of
				the medical marijuana testing laboratory license.
(b)
Laboratory Quality Assurance (LQA)
				program.
The medical laboratory director shall develop and implement an
				LQA program to ensure the reliability and validity of the analytical data
				produced by the laboratory.
(1) The LQA
				program shall, at minimum, include a written LQA manual that addresses the
				following:
(A) Quality control procedures,
				including remedial actions;
(B)
				Laboratory organization and employee training and responsibilities;
(C) LQA criteria for acceptable
				performance;
(D) Traceability of
				data and analytical results;
(E)
				Instrument maintenance, calibration procedures, and frequency;
(F) Performance and system audits;
(G) Steps to change processes when
				necessary;
(H) Record
				retention;
(I) Test procedure
				standardization; and
(J) Method
				validation, including, but not limited to, accuracy, precision, sensitivity,
				cross-over, Limit of Detection (LOD), Limit of Quantitation (LOQ), linearity,
				and measurement of uncertainty. For chromatographic methods, accuracy
				measurements must include statistical determination of an acceptable retention
				time window for identification of an analyte;
(K) Method verification of all externally
				validated methods, including but not limited to the laboratory's ability to
				achieve the validated method's performance criteria, analyst demonstration of
				competency, and a passing score for sample proficiency testing in an
				appropriate matrix;
(L) Any
				material alteration of a validated method, whether developed externally or
				internally, causes the method to become a laboratory developed method and
				subject to full validation;
(M)
				Validation or verification of a method following non-routine maintenance,
				repair of an instrument, or relocation of an analytical piece of
				equipment.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-1 - License or permit required

Current through Vol. 41, No. 20, July 1, 2024
(a) No person
				or entity shall operate a medical marijuana waste disposal facility without
				first obtaining a license from the Authority pursuant to the Oklahoma Medical
				Marijuana Waste Management Act, 63 O.S. § 427a et seq., other applicable
				Oklahoma law, including regulations of the Oklahoma Department of Environmental
				Quality, and the Rules in this Chapter. Only a person who is in compliance with
				the requirements of Oklahoma law and these Rules shall be entitled to receive
				or retain such a license or permit.
(b) The Authority shall not, until November
				1, 2021, issue more than ten (10) waste disposal facility licenses. The
				Authority shall have the authority to develop and utilize criteria, standards,
				and preferred qualifications for the selection of licensees and timing of
				licensure as it deems appropriate and reasonable. Beginning November 1, 2021,
				there shall be no limit to the number of medical marijuana waste disposal
				licenses issued by the Authority.
(c) All license and permit applications shall
				be complete and accurate in every detail, shall include all attachments or
				supplemental information required by the forms supplied by the Authority, and
				shall be accompanied by full remittance of the entire application fee. Any
				misstatements, omissions, misrepresentations, or untruths made in the
				application shall be grounds for administrative action against the licensee by
				the Authority.
(d) All licenses and
				permits shall be on forms prescribed by the Authority.
(e) Application fees are
				nonrefundable.
(f) Upon issuance of
				a waste disposal facility license, each waste disposal facility licensee shall
				automatically receive a waste disposal transportation license. Medical
				marijuana waste disposal facility licensees shall ensure that a copy of the
				waste disposal transportation license is inside any vehicles used for
				transporting medical marijuana waste during transportation.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-1.1 - Responsibilities of the license or permit holder

Current through Vol. 41, No. 20, July 1, 2024
Upon acceptance of the license or permit issued by the
				  Authority, the license holder in order to retain the license shall comply with
				  the provisions in OAC
				  442:10-5-1.1.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-2 - Licenses and permits

Current through Vol. 41, No. 20, July 1, 2024
(a)
Timeframe.
Waste disposal facility licenses and permits shall be
				issued for a twelve (12) month period expiring one (1) year from the date of
				issuance. The license or permit may be issued upon receipt of a completed
				application, payment of application fee, and verification by the Authority the
				individual or entity complies with the requirements set forth in Oklahoma law
				and this Chapter.
(b)
Location.
Waste disposal facility licenses and permits shall only
				be valid for a single location at the address listed on the
				application.
(c)
Renewal of
				license or permit
(1) It is the
				responsibility of the license holder to renew the license and any associated
				permits, with all applicable documentation, prior to the date of expiration of
				the license or permit by following the procedures provided in OAC
				442:10-9-3 and OAC
				442:10-9-4.
(2) Before renewing a license or permit, the
				Authority may require further information and documentation to determine if the
				licensee continues to meet the requirements set forth in Oklahoma law and these
				Rules.
(3) The Authority may refuse
				to renew a license or permit of a medical marijuana waste facility for the
				following:
(A) Failure to meet the
				requirements for licensure or permits set forth in the Oklahoma Medical
				Marijuana Waste Management Act, 63 O.S. § 427a et seq., or OAC
				442:10.
(B) Noncompliance with 63
				O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection
				Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste
				Management Act, 63 O.S. § 427a et seq.; or OAC 442:10.
(4) Upon the determination that a licensee
				has not met the requirements for renewal, the Authority shall provide written
				notice to the licensee. The notice shall provide an explanation for the denial
				of the renewal application.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-3 - License applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application fee.
An applicant for a waste disposal facility
				license, or renewal thereof, shall submit to the Authority a completed
				application on a form and in a manner prescribed by the Authority, along with
				the application fee as established in 63 O.S. § 420 et seq. and the
				Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et
				seq.
(b)
Submission.
The application shall be on the Authority prescribed form and shall include the
				following information about the establishment:
(1) Name of the establishment;
(2) Physical address of the establishment,
				including the county in which any licensed premises will be located;
(3) GPS coordinates of the
				establishment;
(4) Phone number and
				email of the establishment;
(5)
				Hours of operation for any licensed premises;
(6) Type of waste facility; and
(7) Proposed number and location of
				additional waste disposal facilities associated with the
				applicant.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-3 - License applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application fee.
An applicant for a waste disposal facility
				license, or renewal thereof, shall submit to the Authority a completed
				application on a form and in a manner prescribed by the Authority, along with
				the application fee as established in 63 O.S. § 420 et seq. and the
				Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et
				seq.
(b)
Submission.
The application shall be on the Authority prescribed form and shall include the
				following information about the establishment:
(1) Name of the establishment;
(2) Physical address of the establishment,
				including the county in which any licensed premises will be located;
(3) GPS coordinates of the
				establishment;
(4) Phone number and
				email of the establishment;
(5)
				Hours of operation for any licensed premises;
(6) Type of waste facility; and
(7) Proposed number and location of
				additional waste disposal facilities associated with the applicant.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-4 - Permit applications

Current through Vol. 41, No. 20, July 1, 2024
(a)
Application fee.
An applicant for a waste disposal facility
				permit, or renewal thereof, shall submit to the Authority a completed
				application on a form and in a manner prescribed by the Authority, along with
				the application fee as established in 63 O.S. § 420 et seq. and the
				Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq. A
				waste disposal facility permit application shall be submitted after and
				associated with an approved waste disposal facility license
				application.
(b)
Submission.
The application shall be on the Authority prescribed
				form and shall include the following information about the establishment:
(1) Name and license number of the waste
				disposal facility licensee associated with the permit;
(2) Physical address of the establishment,
				including the county in which any licensed premises will be located;
(3) GPS coordinates of the
				establishment;
(4) Phone number and
				email of the establishment;
(5)
				Hours of operation of the establishment.
(6) Mailing address of the
				establishment;
(7) An attestation
				that the information provided by the applicant is true and correct;
(8) An attestation that any licensed premises
				shall not be located on tribal lands;
(9) A statement signed by the applicant
				pledging not to divert marijuana to any individual or entity that is not
				lawfully entitled to possess marijuana; and
(10) An attestation that applicant is
				authorized to make application on behalf of the entity.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-6 - Security requirements

Current through Vol. 41, No. 20, July 1, 2024
(a)
General
				requirements.
All licensed entities shall provide effective controls and
				procedures to guard against theft and diversion of medical marijuana and
				medical marijuana products. In order to determine whether a registrant has
				provided effective controls against diversion, the licensee shall adhere to the
				security requirements as set forth by these Rules.
(b)
Storage.
OMMA licensed
				entities shall dispose of medical marijuana waste using a medical marijuana
				waste disposal facility licensed by the Authority. The licensee shall dispose
				of all medical marijuana waste in a secure waste receptacle that is locked with
				commercial-grade locks. The receptacle shall be kept in a safe and secure
				location with limited access.
(c)
Transport.
(1) Medical marijuana
				waste facilities or medical marijuana commercial licensees transporting waste
				to licensed medical marijuana waste disposal facilities shall transport medical
				marijuana waste in accordance with the following:
(A) All medical marijuana waste shall be
				transported:
(i) In a locked shipping
				container, shielded from public view and clearly labeled "Medical Marijuana
				Waste"; and
(ii) In a secured area
				of the vehicle that is not accessible by the driver during transit.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-8 - Penalties

Current through Vol. 41, No. 20, July 1, 2024
(a)
Unlawful transfer.
Within
				any two (2) year period of time, if a waste disposal facility licensee has
				engaged in unlawful transfer of medical marijuana, the licensee shall be
				subject to a fine in the amount set forth in Appendix C for each violation and
				any other administrative action and penalty authorized by law.
(b)
Noncompliance and criminal
				activity.
Waste disposal facility licenses and permits shall be subject
				to nonrenewal, revocation, suspension, monetary penalties, and any other
				penalty authorized by law upon a determination by the Authority that the
				licensee has not complied with applicable Oklahoma law or this Chapter, or upon
				official notification to the Authority that the licensee has engaged in
				criminal activity in violation of Oklahoma law.
(c)
Administrative penalties.
Procedures for administrative penalties against a licensee are stated in the
				Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These
				procedures provide for the licensee to receive notice and to have the
				opportunity to be present at a hearing and to present evidence in his or her
				defense. The Executive Director or his or her designee may promulgate an
				administrative order revoking or suspending the license, dismissing the matter,
				or providing for other relief as allowed by law. At any time after the action
				is filed against the licensee, the Authority and the licensee may dispose of
				the matter by consent order or stipulation. Orders are appealable in accordance
				with the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et
				seq.
(d)
Fines.
Monetary penalties shall be assessed in the amounts set forth in Appendix C.
				Failure to pay any fine within thirty (30) days of assessment of the fine shall
				result in nonrenewal, suspension, and/or revocation of the license.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 9 - Waste Disposal Facilities › Section 442:10-9-9 - Waste disposal

Current through Vol. 41, No. 20, July 1, 2024
(a)
Frequency.
Commercial licensees shall transfer medical marijuana
				waste to a medical marijuana waste facility for disposal within ninety (90)
				days.
(b)
Permissible
				methods.
Waste shall be disposed through either a process which renders
				the waste unusable through physical destruction or a recycling process that the
				waste disposal facility is authorized to conduct pursuant to Oklahoma
				law.
(c)
Unusable and
				unrecognizable.
(1) Medical marijuana
				waste facilities shall render medical marijuana waste (except hazardous waste)
				unusable and unrecognizable through one of the following methods. Other methods
				to render marijuana waste unusable and unrecognizable must be approved by the
				Authority before implementation.
(A) Grinding
				and incorporating the medical marijuana waste with the non-consumable, solid
				wastes listed below such that the resulting mixture is at least 50 percent
				non-marijuana waste, and such that the resulting mixture cannot easily be
				separated and sorted:
(i) Paper
				waste;
(ii) Plastic
				waste;
(iii) Cardboard
				waste;
(iv) Food waste;
(v) Grease or other compostable oil
				waste;
(vi) Bokashi, or other
				compost activators;
(vii)
				Soil;
(viii) Sawdust; and
(ix) Other wastes approved by the Authority
				that will render the medical marijuana waste unusable and
				unrecognizable.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 10 - Receivership › Section 442:10-10-2 - Term and renewal of Certificate of Authority

Current through Vol. 41, No. 20, July 1, 2024
(a) A Certificate of Authority shall be valid
				for sixty (60) days. The Authority may renew the Certificate of Authority upon
				proof that more time is necessary to allow for the orderly disposition of the
				business.
(b) A Certificate of
				Authority may not extend beyond the expiration date of the underlying grower,
				processor, or dispensary license regardless of the issue date.
(c) A Certificate of Authority does not
				replace a grower, processor, or dispensary license, which remains in effect and
				subject to renewal requirements.
(d) Upon termination or expiration of the
				Certificate of Authority, all medical marijuana or medical marijuana products
				in the custody or possession of the holder of the Certificate of Authority must
				be disposed of or liquidated in accordance with the Oklahoma Medical Marijuana
				Waste Management Act, 63 O.S. § 427a et seq., and this Chapter.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 10 - Receivership › Section 442:10-10-3 - Responsibilities of the Certificate of Authority holder

Current through Vol. 41, No. 20, July 1, 2024
The holder of a Certificate of Authority shall comply with
				  the provisions stated in OAC
				  442:10-5-1.1.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Subchapter 10 - Receivership › Section 442:10-10-4 - Revocation of Certificate of Authority

Current through Vol. 41, No. 20, July 1, 2024
The Authority may revoke or refuse to issue or extend a
				  Certificate of Authority for any of the reasons that the Authority may revoke
				  or refuse to issue or renew a license under Oklahoma law or these
				  Rules.
Oklahoma Administrative Code › Title 442 - Oklahoma Medical Marijuana Authority › Chapter 10 - Medical Marijuana Regulations › Appendix C - Schedule of Fines

Current through Vol. 41, No. 20, July 1, 2024
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Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-2 - Definitions

Current through Vol. 41, No. 20, July 1, 2024
The following words or terms, when used in this Chapter shall have the following meanings, unless the context clearly indicates otherwise:
"Medical Examiner"
means a licensed medical or osteopathic physician appointed by the chief medical examiner under provisions of Title 63 OS, Section 937 .
"Medical Examiner Cases"
means any death required by Section 938 of Title 63 of the Oklahoma Statutes to be investigated and certified by a medical examiner.
"Violent, suspicious, or unnatural deaths"
include all those designations of deaths known or suspected to have resulted from accident, suicide or homicide where death is related to injury of any type.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-3 - Violent, suspicious or unnatural deaths

Current through Vol. 41, No. 20, July 1, 2024
Violent, suspicious or unnatural deaths are subject to jurisdiction of the medical examiner irrespective of period of survival following the injury and whether or not there was medical attendance at the time of the injury or during the period of survival.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-4 - Unattended death

Current through Vol. 41, No. 20, July 1, 2024
(a) A deceased person must be under the care of a licensed medical or osteopathic physician for the natural disease process to which he has succumbed, otherwise, the death is a medical examiner case. Each case will vary and no hard and fast rule can be stated concerning the determination of whether a deceased was under medical care. Each case must be considered individually, but in general, the deceased should have a licensed medical or osteopathic physician assuming responsibility for their medical care within the last two weeks to thirty day antemortem.
(b) There sometimes exists confusion concerning deaths in nursing homes. In many instances the dead person has not been seen physically by the physician in charge for a variable period. The physician has issued orders via telephone concerning the patient. Such deaths are considered "attended" since the physician assumes responsibility for the care and treatment of the individual. Whether or not he physically see the patient is a matter between the patient and/or the patient's family and himself. Such cases should not be accepted by the medical examiner for investigation unless the death was due to unnatural means.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-5 - Establishing a hospital death as a medical examiner case; autopsies

Current through Vol. 41, No. 20, July 1, 2024
(a) Title 63 OS, Section 938 is specific as to which human deaths are subject to the investigation of the medical examiner. The attending physician is responsible for notification of the medical examiner. He must not request permission for autopsy from the next of kin until the medical examiner is notified and has made a decision as to whether or not an autopsy is required in accord with provisions of Title 63 OS, Section 944 . If the medical examiner case is not to be subjected to autopsy in accord with these provisions, the attending physician may then request permission for a private autopsy from the appropriate individual. The medical examiner still has responsibility for investigation and certification of such cases.
(b) Deaths which are not bona fide medical examiner cases are not made such simply because autopsy permission has been refused by the next of kin, nor shall any authentic medical examiner case be withheld from medical examiner jurisdiction and autopsied by the hospital pathologist merely because private autopsy permission from the next of kin or responsible person has been obtained.
(c) If during performance of a private autopsy by a hospital pathologist the finding (e.g. death related to trauma or poisoning) indicate that the case should properly be a medical examiner case, the pathologist shall immediately discontinue the autopsy and notify the medical examiner of his findings.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-6 - Road traffic fatalities

Current through Vol. 41, No. 20, July 1, 2024
(a) The investigating medical examiner shall obtain a whole blood specimen for the determination of ethanol from each operator or pedestrian road traffic fatality who dies at the time of or within four hours of the accident, utilizing a specimen kit for cardiac puncture supplied by the Office of the Chief Medical Examiner.
(b) In cases where there is reason to believe that the blood specimen could be contaminated by gastric content or is unobtainable after repeated attempts, a vitreous humor specimen should be submitted in lieu of the whole blood specimen. Any such specimen must be obtained prior to any embalming procedure and is the personal responsibility of the medical examiner. If it is reasonably suspected that drug abuse may have been a factor, a urine specimen, obtained by suprapubic puncture shall also be submitted.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-7 - Embalming of medical examiner cases

Current through Vol. 41, No. 20, July 1, 2024
Since the chemical compounds used in embalming alter the characteristics of tissue of the body, make toxicologic procedures difficult and more costly, and may in certain cases render the toxic agent completely non-detectable, the medical examiner must completely examine any case coming under his jurisdiction and obtain appropriate specimens for the toxicologic examination prior to any embalming procedure. Any medical examiner case to be subject to autopsy under the provisions of Title 63 OS, Section 944 may not under any circumstances be embalmed prior to such autopsy unless permission is given for such procedure by the chief medical examiner or a deputy chief medical examiner.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-8 - Deaths during therapeutic procedures

Current through Vol. 41, No. 20, July 1, 2024
In order for a death occurring during a therapeutic procedure to be a medical examiner case, it must be medically unexpected. So that proper investigation can be made in medical examiner cases, the attending physician must immediately notify the medical examiner when death is pronounced. In medical examiner cases all apparatus of any type which was utilized in the therapy of the patient at the time of death including but not limited to intravenous set up and medications, electrical equipment, and anaesthesia machines and their connections and gas cylinders, must remain in place as they existed at the time of death and may not be disturbed or removed until and unless permission from the medical examiner is obtained.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-10 - Transport of bodies

Current through Vol. 41, No. 20, July 1, 2024
The Office of the Chief Medical Examiner is empowered to transfer in a vehicle controlled by the office the bodies of deceased persons coming under the jurisdiction of the medical examiner from the scene of death to an appropriate location for external examination and/or autopsy as required.
Oklahoma Administrative Code › Title 445 - Board of Medicolegal Investigations › Chapter 10 - Medical Examiner Cases › Section 445:10-1-11 - Fees for Forensic Science and Laboratory Services

Current through Vol. 41, No. 20, July 1, 2024
As provided in Title 63 O.S., Section 948 and 948.1, the following fees are set for forensic and laboratory services.
(1) Any of the listed fees may be waived by the Chief Medical Examiner.
(2) Schedule of fees for forensic science services are as follows:
(A) Civil Cases
(i) Digital photos on CD: $25.00
(ii) Microscopic slides - H & E slides: $10.00 each
(iii) Digital copies of x-rays: $15.00 each
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-1 - Purpose

Current through Vol. 41, No. 20, July 1, 2024
(a) These rules are promulgated pursuant to
				the requirements of the Administrative Procedures Act, 75 O.S. §250, et
				seq. The purpose of these rules is to effectively implement and enforce the
				provisions of Title 43A of the Oklahoma Statutes. These rules supplement
				existing state and federal laws, and being duly promulgated, have the force and
				effect of law.
(b) These rules
				govern formal proceedings of the Department. Informal proceedings may be held
				as announced by the Department or as agreed with any person.
Added at 10 Ok Reg 3087,
				  eff 7-1-93; Amended at 19 Ok Reg 1346, eff
				  7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-2 - Applicability

Current through Vol. 41, No. 20, July 1, 2024
This, and all subsequent chapters are applicable, unless
				  otherwise specifically noted in a chapter, subchapter, part or section of
				  Oklahoma Administrative Code Title 450, to the Oklahoma Department of Mental
				  Health and Substance Abuse Services, the State Board of Mental Health and
				  Substance Abuse Services, and:
(1) all
				employees and institutions and facilities of ODMHSAS (43A O.S. §§
				3-101 and 3-107); and
(2) all
				facilities (43A O.S.§§ 1-103(7), 3-306.1, 3-315, 3-317, 3-319, 3-320,
				3-222, 3-323A and 3-415) under contract with ODMHSAS; and
(3) all facilities subject to certification
				by ODMHSAS (43A O.S. §§ 3-306.1, 3-315, 3-317, 3-319, 3-320, 3-222,
				3-415, 3-601); and
(4)
				institutions, organizations and individuals subject to certification by ODMHSAS
				to provide alcohol and drug substance abuse courses (43A O.S. §§
				3-451 through 3-453); and
(5)
				agencies and individuals subject to certification by ODMHSAS to provide alcohol
				and drug assessment and evaluation programs related to driver's license
				revocation [47 O.S. §§ 11-902(G) and 6-212.2; 43A O.S. § 3-460];
(6) individuals subject to
				certification to be a behavioral health case manager pursuant to 43A O.S.
				§ 3-318;
(7) Individuals
				subject to certification to be recovery support specialist to 43A O.S. §
				3-326; and
(8) Individuals subject
				to certification to be a problem gambling treatment counselor pursuant to 43A
				O.S. § 3-322a.
Added at 10 Ok Reg 3087, eff 7-1-93 ; Amended at 13 Ok Reg
					 2209, eff 7-1-96 ; Amended at 14 Ok Reg 1906, eff 5-27-97 ; Amended at 16 Ok
					 Reg 1466, eff 7-1-99 ; Amended at 18 Ok Reg 521, eff 10-13-00 (emergency) ;
					 Amended at 18 Ok Reg 2649, eff 7-1-01 ; Amended at 19 Ok Reg 1346, eff 7-1-02 ;
					 Amended at 20 Ok Reg 2100, eff 7-1-03 ; Amended at 23 Ok Reg 1941, eff 7-1-06 ;
					 Amended at 24 Ok Reg 2554, eff 7-12-07 ; Amended at 30 Ok Reg 1395, eff
					 7-1-13
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-3 - Compliance with laws and rules

Current through Vol. 41, No. 20, July 1, 2024
(a) Any
				statute of the United States or of the State of Oklahoma now existing, or duly
				enacted in the future, shall supersede any conflicting provision of the rules
				of this and all subsequent chapters to the extent of such conflict, but shall
				not affect the remaining provisions therein.
(b) All persons and organizations affected by
				the rules of this and all subsequent chapters and related laws shall be
				knowledgeable of the conduct pertinent in operating in accordance with all such
				rules and laws.
Added at 10 Ok Reg 3087,
				  eff 7-1-93; Amended at 24 Ok Reg 2554, eff
				  7-12-07
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-4 - Organization

Current through Vol. 41, No. 20, July 1, 2024
(a) The Board is the entity vested with
				authority to make rules for the implementation of the Department's statutorily
				mandated and permissible functions under 43A O.S. §§ 1-101, et
				seq.
(b) The Board shall appoint
				the Commissioner, who is the chief executive officer of the Department with
				duties, privileges and responsibilities set forth in 43A O.S. § 2-202.1.
				The Commissioner shall maintain such staff as authorized by law and assign said
				staff to carry out the duties and responsibilities required to fulfill the
				statutory requirements of 43A O.S. §§1-101 et seq., and the rules and
				directives of the Board.
(c) The
				Department shall be organized and divided into such areas and departments as
				the Board and the Commissioner deem desirable for efficiency. Copies of
				organizational charts are available upon request from the Human Resources
				Management Division.
Added at 10 Ok Reg 3087,
				  eff 7-1-93; Amended at 19 Ok Reg 1346, eff 7-1-02; Amended at 27 Ok Reg 2200,
				  eff 7-11-10
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-5 - Objectives

Current through Vol. 41, No. 20, July 1, 2024
The objectives of the ODMHSAS are as follows:
(1) The provision of quality mental health
				and substance abuse services within the resources available, to those persons,
				and their families, receiving services from the facilities either operated by,
				certified by or under contract with ODMHSAS.
(2) The services by mental health and
				substance abuse providers are rendered in an environment of safety, dignity and
				with respect to the rights of those persons and their families.
(3) Adherence to and compliance with
				applicable state and federal statutes, including but not limited to Title 43A
				of the Oklahoma Statutes and the Public Health Services Act (42 U.S.C.) by all
				facilities operated by, under contract with, or certified by ODMHSAS.
Added at 10 Ok Reg 3087,
				  eff 7-1-93; Amended at 16 Ok Reg 1466, eff 7-1-99; Amended at 19 Ok Reg 1346,
				  eff 7-1-02; Amended at 20 Ok Reg 2100, eff 7-1-03; Amended at 23 Ok Reg 1941,
				  eff 7-1-06; Amended at 24 Ok Reg 2554, eff
				  7-12-07
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-6 - Public records

Current through Vol. 41, No. 20, July 1, 2024
(a) Official
				records. Official records of the Board and the Department include information,
				rules, forms, the record in individual proceedings, records submitted to the
				Department, and other public records in accordance with the Oklahoma Open
				Records Act 51 O.S. §§24A.1,
et seq
.
(b) Copies. Copies of official records of the
				Board or Department, not privileged or protected from publication by law, shall
				be available to the public.
Added at 10 Ok Reg 3087,
				  eff 7-1-93; Amended at 15 Ok Reg 2741, eff 7-1-98; Amended at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-8 - Forms

Current through Vol. 41, No. 20, July 1, 2024
In order to maintain efficiency and uniformity in the
				  administration of duties, ODMHSAS will devise and maintain forms for use by any
				  party. The forms may be revised periodically to insure uniformity, efficiency,
				  and expediency. The prescribed forms must be used by all affected parties
				  unless another form is approved by ODMHSAS prior to its submission, or other
				  provisions are stated in subsequent chapters. Each division or departmental
				  area shall make available to the public all rules and other written statements
				  of policy adopted or used in the discharge of its functions, all forms,
				  applications and instructions for use by the public, including those required
				  to apply for a certification. Additionally, forms may be acquired by request
				  under
				  450:1-1-7.
Added at 10 Ok Reg 3087,
				  eff 7-1-93; Amended at 14 Ok Reg 1906, eff 5-27-97; Amended at 19 Ok Reg 1346,
				  eff 7-1-02
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-9 - Procedures to secure a declaratory ruling as to the applicability of any rule or order of ODMHSAS

Current through Vol. 41, No. 20, July 1, 2024
(a) Any person
				subject to the rules contained in rules of ODMHSAS (Oklahoma Administrative
				Code Title 450) may petition for a declaratory ruling as to the applicability
				of a specific rule and its effect on petitioner. In petitioning ODMHSAS for a
				declaratory ruling, the following procedures must be followed:
(1) The petition must be in writing and
				submitted to the Rules Liaison of ODMHSAS at 2000 N. Classen, Suite E600,
				Oklahoma City, OK 73106;
(2) The
				petition shall state with specificity the rule in question;
(3) The petition shall state clearly and with
				specificity the bases for the action and the action or relief sought;
(4) The petition shall pose the
				specific question(s) to be answered by ODMHSAS; and
(5) The petitioner or petitioner's authorized
				representative shall print his or her name address and telephone number on the
				petition and sign it.
Oklahoma Administrative Code › Title 450 - Department of Mental Health and Substance Abuse Services › Chapter 1 - Administration › Subchapter 1 - General Information › Section 450:1-1-10 - Procedures to petition the ODMHSAS to request the promulgation, amendment or repeal of a rule

Current through Vol. 41, No. 20, July 1, 2024
Any person affected either by a rule adopted and promulgated
				  by ODMHSAS, or the lack of a rule and regulation may petition ODMHSAS to
				  promulgate, adopt, amend or repeal the rule pursuant to 75 O.S. §
									305
				  and in accordance with this section.
(1) The petition must be in writing and
				submitted to the Rules Liaison of ODMHSAS at 2000 N. Classen, Suite E600,
				Oklahoma City, OK 73106 setting forth:
(A)
				The proposed amendment, promulgation, or repeal of a specific rule
(B) The reason for the petition to repeal,
				promulgate, or amend a rule; and
(C) The effect that the repeal, amendment or
				promulgation of the rule would have on the petitioner.