reglab/statecodes huggingface dataset:
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-22 - Disciplinary actions

Current through Supplement No. 393, July, 2024
1. The department
				may deny, suspend, revoke, or encumber the registration status of, or issue a
				letter of concern against, an individual listed on the department's nurse aide
				registry who:
a. Has obtained or attempted to
				obtain registration as a nurse aide by fraud, deceit, or intentional
				misrepresentation;
b. Has been
				convicted of a crime substantially related to the qualifications, functions, or
				duties of a nurse aide;
c. Has
				impersonated a licensed nurse or other licensed health care provider;
d. Has intentionally or
				negligently engaged in conduct that has resulted in a significant risk to the
				health or safety of a client or in injury to a client;
e. Is incapable of working with reasonable
				skill, competence, and safety for the public; or
f. Has misappropriated the property of,
				abused, or neglected a client.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-23 - Hearing process for individuals on the nurse aide registry

Current through Supplement No. 393, July, 2024
1. Individuals who have been denied registry
				status will be informed of the reasons why and provided an opportunity for a
				hearing consistent with this section.
2. Individuals registered on the department's
				registry against whom allegations of abuse, neglect, misappropriation of
				resident property, or other misconduct are made will be:
a. Informed by the department of the
				allegations;
b. Informed of the
				investigation results; and
c. If
				the allegations are found valid, notified of their right to request a hearing
				regarding the department's decision to revoke, suspend, or encumber the
				individual's registry status within thirty days of the notification.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-24 - Review process for findings of neglect placed on an individual nurse aide's registry listing

Current through Supplement No. 393, July, 2024
1. An individual on
				the department's nurse aide registry with a finding of neglect placed on the
				individual's nurse aide registry listing may petition the department in writing
				to have the finding removed from the individual's registry listing. The
				individual must provide the department with authorization for any releases of
				information the department deems appropriate in conducting the investigation.
				The department will consider whether to remove the finding from the registry
				when:
a. The employment and personal history
				of the nurse aide does not reflect a pattern of abusive behavior or neglect.
				For the purposes of this section, a pattern is defined as two or more
				occurrences of abusive or neglectful behavior toward another individual which
				resulted in the potential for a negative outcome or an actual negative outcome
				to the other individual;
b. The
				neglect involved in the original finding was a singular occurrence that
				resulted in a potential or actual negative resident outcome; and
c. A background check, including a criminal
				history investigation or report, reveals no history of mistreatment findings,
				including instances of domestic abuse, the granting of a restraining order
				which has not been overturned, an adverse finding entered on any child abuse
				information index, or any conviction of any crime involving violence or the
				threat of violence.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-25 - Grandfather provisions

Current through Supplement No. 393, July, 2024
The department will grandfather the approval and current
				  registry status of the nurse aides, home health aides, and medication
				  assistants I and II and related training programs transferred from the state
				  board of nursing to the state department of health July 1, 2011, until the next
				  renewal date consistent with this chapter.
General Authority: NDCC 23-44-02
Law Implemented: NDCC
					 23-44-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-43 - Nurse Aide Training, Competency Evaluation, and Registry › Chapter 33-43-01 - Nurse Aide Training, Competency Evaluation, and Registry › Section 33-43-01-26 - Waiver provision

Current through Supplement No. 393, July, 2024
Any provisions of this chapter may be waived by the
				  department for a specified period in specific instances, provided such a waiver
				  does not adversely affect the health and safety of the clients and would result
				  in unreasonable hardship upon the entity requesting the waiver. A waiver may be
				  granted for a specific period of time not to exceed one year and shall expire
				  on December thirty-first of the year issued.
General Authority: NDCC 23-01-03, 23-44-02, 28-32-02
Law Implemented: NDCC 23-16-01, 23-44-02,
					 28-32-02
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-02 - Cardholder notification of change

Current through Supplement No. 393, July, 2024
A registered qualifying patient or registered designated
				  caregiver who is required to provide notification in accordance with subsection
				  1 of North Dakota Century Code section 19-24.1-10 shall provide the department
				  written notice.
General Authority:
NDCC 19-24.1-10
Law Implemented:
NDCC
					 19-24.1-10
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-03 - Fees for failure to provide notice

Current through Supplement No. 393, July, 2024
A compassion center that fails to provide notice as required
				  by North Dakota Century Code chapter 19-24.1 and these rules, is subject to a
				  fee in the amount of one hundred fifty dollars.
General Authority:
NDCC 19-24.1-20
Law Implemented:
NDCC
					 19-24.1-20
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-03.1 - Minor application

Current through Supplement No. 393, July, 2024
The department may process a qualifying patient application
				  for a registry identification card without the signature of the minor's parent
				  or legal guardian if the applicant is eighteen years of age and the department
				  determines the minor has no parent or legal guardian with responsibility for
				  health care decisions of the minor.
General Authority:
NDCC 19-24.1-03
Law Implemented:
NDCC
					 19-24.1-03
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-03.2 - Application fees for registry identification cards

Current through Supplement No. 393, July, 2024
The department shall collect nonrefundable original
				  application fees and nonrefundable renewal application fees for registry
				  identification cards as follows:
1.
				For qualifying patient applications, twenty-five dollars.
2. For compassion center agent application
				fees, two hundred dollars.
General Authority:
NDCC 19-24.1-03,
					 19-24.1-18
Law Implemented:
NDCC 19-24.1-03,
					 19-24.1-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-03.3 - Replacement fees for registry identification cards

Current through Supplement No. 393, July, 2024
The department shall collect fees for issuing new registry
				  identification cards when an original application or renewal application is not
				  submitted as follows:
1. For a lost
				qualifying patient registry identification card or compassion center registry
				identification card, twenty-five dollars.
2. For a change in name of a registered
				qualifying patient or registered compassion center agent, five
				dollars.
General Authority:
NDCC 19-24.1-10,
					 19-24.1-18
Law Implemented:
NDCC 19-24.1-10,
					 19-24.1-18
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-04 - Cardholder disposal of usable marijuana

Current through Supplement No. 393, July, 2024
1. An individual
				who is no longer registered with the department or a cardholder who is no
				longer eligible shall dispose of any usable marijuana in their possession by:
a. Returning it to a dispensary; or
b. Rendering it unusable in accordance with
				subsection 4 of section 33-44-01-15.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-05 - Expiration of registry identification cards

Current through Supplement No. 393, July, 2024
An initial registry identification card expires one year
				  after the date of issuance, unless the health care provider's written
				  certification identifies the benefit from the medical use of marijuana is less
				  than a year. To prevent interruption of possession of a valid registry
				  identification card, a renewal of a registry identification card may have an
				  expiration date from date of issuance in excess of one year.
General Authority:
NDCC 19-24.1-11
Law Implemented:
NDCC
					 19-24.1-11
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-06 - Compassion center application process

Current through Supplement No. 393, July, 2024
1. The department
				shall announce the open application period for the submission of compassion
				center applications. The announcement may be made using the department's
				website, electronic mail, press release, or any other means determined by the
				department. The announcement must include:
a.
				Instructions;
b. Forms;
c. Deadline for submission;
d. Criteria and score sheet to be used to
				review applications;
e. Number, and
				category, of compassion centers eligible for registration; and
f. Department contact
				information.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-07 - Establishing additional compassion centers

Current through Supplement No. 393, July, 2024
If the department determines additional compassion centers
				  are necessary to increase access to usable marijuana by registered qualifying
				  patients and registered designated caregivers, the department may register
				  additional compassion centers as follows:
1. The application and selection process for
				establishing additional compassion centers must be in accordance with section
				33-44-01-06.
2. In addition to the
				criteria in subsection 2 of North Dakota Century Code section 19-24.1-14, the
				department also shall consider the location of the proposed compassion center,
				including its proximity to previously approved compassion centers of the same
				category and whether the population of registered qualifying patients supports
				the need for an additional facility in the area.
General Authority:
NDCC 19-24.1-12
Law Implemented:
NDCC
					 19-24.1-12
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-07.1 - Additional categories of registered medical marijuana establishments

Current through Supplement No. 393, July, 2024
The department may use the compassion center application and
				  selection process in accordance with North Dakota Century Code chapter 19-24.1
				  and section
				  33-44-01-06 to register a
				  manufacturing facility as a specific category of a medical marijuana
				  establishment. A manufacturing facility selected and registered as a specific
				  category of medical marijuana establishment shall comply with applicable
				  compassion center requirements of North Dakota Century Code chapter 19-24.1 and
				  these rules. The category of medical marijuana establishments are as
				  follows:
1. A production only
				authorized manufacturing facility is a specific category of manufacturing
				facility. The activities of a production only authorized manufacturing facility
				are limited to producing and to related activities, including acquiring,
				possessing, storing, transferring, and transporting marijuana and the dried
				leaves or flowers of the plant of the genus cannabis in a combustible delivery
				form for the sole purpose of selling dried leaves or flowers of the plant of
				the genus cannabis in a combustible delivery form to a dispensary.
2. A medical marijuana product processor only
				authorized manufacturing facility is a specific category of manufacturing
				facility. The activities of a medical marijuana product processor only
				authorized manufacturing facility are limited to producing and processing and
				to related activities, including acquiring, possessing, storing, transferring,
				and transporting marijuana and medical marijuana products for the sole purpose
				of selling medical marijuana products to a dispensary.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-07.2 - Compassion center application fees

Current through Supplement No. 393, July, 2024
The department shall collect nonrefundable application fees
				  for compassion centers as follows:
1.
				For a manufacturing facility, three thousand dollars.
2. For a dispensary, two thousand
				dollars.
General Authority:
NDCC 19-24.1-14
Law Implemented:
NDCC
					 19-24.1-14
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-07.3 - Compassion center certification fees

Current through Supplement No. 393, July, 2024
The department shall collect certification fees for
				  compassion center registrations as follows:
1. For a manufacturing facility, seventy-five
				thousand dollars.
2. For a
				dispensary, sixty thousand dollars.
3. For a production only authorized
				manufacturing facility, forty thousand dollars.
4. For a medical marijuana product processor
				only authorized manufacturing facility, twenty thousand dollars.
General Authority:
NDCC 19-24.1-15
Law Implemented:
NDCC
					 19-24.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-07.4 - Compassion center additional certification fees

Current through Supplement No. 393, July, 2024
The department shall collect an additional certification fee
				  of five thousand dollars for every five hundred plants in excess of one
				  thousand plants a manufacturing facility possesses.
General Authority:
NDCC 19-24.1-15
Law Implemented:
NDCC
					 19-24.1-15
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-08 - Compassion center inventory limits

Current through Supplement No. 393, July, 2024
1. A
				manufacturing facility shall grow an amount of marijuana sufficient to meet the
				qualifying patient population demands. A manufacturing facility may possess up
				to fifty plants for the purpose of department-authorized research and
				development related to production and processing. Plants for research and
				development shall:
a. Be included in
				inventory;
b. Be located in a
				restricted area separate from the restricted area containing plants used for
				producing and processing of usable marijuana; and
c. Not be used in the production and
				processing of usable marijuana that is sold to a dispensary for patient
				consumption unless authorized by the department in writing.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-09 - Use of pesticides prohibited

Current through Supplement No. 393, July, 2024
Except for minimum-risk pesticides identified in North
				  Dakota Century Code section 4.1-34-10, the use of pesticides, as defined in
				  North Dakota Century Code section 4.1-34-01, in the production, processing, or
				  storage of marijuana is prohibited. Prior to using any minimum-risk pesticide a
				  compassion center must receive written approval from the department.
General Authority:
NDCC 19-24.1-22
Law Implemented:
NDCC
					 19-24.1-22
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-10 - Pesticide presence

Current through Supplement No. 393, July, 2024
All marijuana or usable marijuana inventory affected or
				  contaminated, as defined by these rules, by pesticides must be disposed of in
				  accordance with these rules, or as required by the department of
				  agriculture.
General Authority:
NDCC 19-24.1-23
Law Implemented:
NDCC
					 19-24.1-23
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-11 - Operations manual

Current through Supplement No. 393, July, 2024
1. A compassion
				center operations manual must include:
a.
				Procedures for the oversight of the compassion center, including documentation
				of the reporting and management structure of the compassion center. The
				procedures must include a business continuity plan.
b. Procedures to ensure accurate
				recordkeeping.
c. Employee security
				policies, including information related to the unauthorized entrance into
				restricted access areas.
d.
				Personal safety and crime prevention techniques.
e. Safety and security procedures, including
				a disaster plan with procedures to be followed in case of fire, security
				breach, or other emergency. Security breach procedures must include an event
				occurring during the transportation of marijuana, usable marijuana, and
				marijuana waste.
f. An overview of
				the inventory control provisions consistent with North Dakota Century Code
				section 19-24.1-26 and these rules.
g. A job description or employment contract
				developed for all employees and volunteers which includes duties,
				responsibilities, authority, qualification, and supervision.
h. An alcohol-free and drug-free workplace
				policy.
i. A description of the
				usable marijuana containers the compassion center utilizes in accordance with
				North Dakota Century Code section 19-24.1-21 and these rules.
j. A description of the documentation
				required to accompany a registered compassion center agent while transporting
				marijuana, usable marijuana, and medical marijuana waste on behalf of the
				compassion center. Documentation must be in accordance with these
				rules.
k. Procedures for the
				mandatory, or voluntary, recall of usable marijuana in accordance with these
				rules.
l. Any other information
				requested by the department.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-12 - Restricted access areas

Current through Supplement No. 393, July, 2024
1. Except as
				provided in section 33-44-01-13, compassion center restricted access areas
				include:
a. All areas containing marijuana,
				usable marijuana, and medical marijuana waste.
b. All areas used for production and
				processing.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-13 - Dispensary display areas

Current through Supplement No. 393, July, 2024
1. A
				dispensary may have a display area where usable marijuana is displayed in
				enclosed locked cases accessible only by compassion center agents. The purpose
				of the display area is to provide registered qualifying patients and registered
				designated caregivers the opportunity to view usable marijuana and receive
				education regarding its use. Usable marijuana may not be visible from the
				street or other public areas.
2.
				Individuals authorized to enter dispensary display areas include:
a. Registered qualifying patients;
b. Registered designated
				caregivers;
c. Compassion center
				agents;
d. Authorized department
				personnel;
e. Individuals
				accompanied by a compassion center agent when the compassion center agent has
				received written authorization from authorized department personnel;
				and
f. Individuals accompanied by
				authorized department personnel.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-14 - Usable marijuana take back

Current through Supplement No. 393, July, 2024
1. A
				dispensary may accept at no charge unused, excess, or contaminated usable
				marijuana for disposal. A dispensary shall maintain a written record of
				returned usable marijuana that includes:
a.
				The name of the registered qualifying patient;
b. The registered qualifying patient's
				registry identification number;
c.
				The date the usable marijuana was returned;
d. The quantity of usable marijuana returned;
				and
e. The type of usable marijuana
				returned.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-15 - Medical marijuana waste disposal

Current through Supplement No. 393, July, 2024
1.
				All medical marijuana waste generated during production, processing, and
				testing, must be stored, managed, and disposed of in accordance with these
				rules.
2. All medical marijuana
				waste generated during production, processing, and testing must be evaluated
				against the state's hazardous waste regulations to determine if the medical
				marijuana waste is designated as hazardous waste. It is the responsibility of
				each medical marijuana waste generator to properly evaluate their medical
				marijuana waste to determine if it is designated as hazardous waste. If a
				generator's medical marijuana waste is designated as hazardous waste, the
				medical marijuana waste is subject to the hazardous waste management standards
				in North Dakota Century Code chapter 23-20.3.
3. Medical marijuana waste not designated as
				hazardous waste must be rendered unusable in accordance with subsection 4 prior
				to disposal. Medical marijuana waste rendered unusable must be disposed of in
				accordance with subsection 5.
4.
				The required method for rendering medical marijuana waste unusable is by
				grinding the medical marijuana waste and incorporating it with other ground
				materials so the volume of the resulting mixture is less than fifty percent
				medical marijuana waste. All other methods for rendering medical marijuana
				waste unusable must be approved by the department before implementation.
				Medical marijuana waste to be disposed in a landfill may be mixed with soil or
				other material as approved by the department.
5. Medical marijuana waste rendered unusable
				in accordance with subsection 4 can be disposed.
a. Disposal of the medical marijuana waste
				rendered unusable may be delivered to a permitted and state-approved solid
				waste facility for final disposition.
b. A compassion center or laboratory shall
				maintain a record of the final destination of medical marijuana waste rendered
				unusable. The record shall be maintained for a period of seven years.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-16 - Recall procedures

Current through Supplement No. 393, July, 2024
Each compassion center shall establish a procedure for
				  issuing voluntary and mandatory recalls for usable marijuana.
1. Factors that require a recall include:
a. Defective or potentially defective usable
				marijuana.
b. Usable marijuana that
				has failed laboratory testing in accordance with these rules.
c. Reasonable probability that use of the
				usable marijuana or exposure to the usable marijuana will cause serious adverse
				health consequences.
d. Any other
				instances as determined by the department that would warrant a
				recall.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-17 - Surveillance requirements

Current through Supplement No. 393, July, 2024
1. To
				prevent unauthorized access to marijuana and usable marijuana, the compassion
				center shall have video surveillance equipment to deter the unauthorized
				entrance into restricted access areas.
a. The
				compassion center shall operate, monitor, and maintain in good working order a
				closed-circuit television surveillance system on all of its premises, which
				must operate at all times and visually record:
(1) All phases of production and
				processing.
(2) All compassion
				center points of entry and exit, sales and display areas, and
				garages.
(3) The entrance to the
				video surveillance room.
(4) Any
				parking lot, which must have appropriate lighting for the normal conditions of
				the area under surveillance.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-18 - Alarm system requirements

Current through Supplement No. 393, July, 2024
1. A
				compassion center shall install and maintain a professionally monitored
				security alarm system that provides intrusion and fire detection of all:
a. Facility entrances and exits.
b. Rooms with exterior windows.
c. Rooms with exterior walls.
d. Roof hatches.
e. Skylights.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-19 - Inventory control measures

Current through Supplement No. 393, July, 2024
1. The department
				shall maintain a computer information system for inventory control and registry
				identification card verification.
2. A compassion center inventory control
				system shall interface with the computer information system maintained by the
				department. All costs associated with interfacing are the responsibility of the
				compassion center. If the compassion center's inventory control system does not
				adequately, as determined by the department, interface with the computer
				information system maintained by the department, the department may require the
				compassion center to use the system maintained by the department.
General Authority:
NDCC 19-24.1-26
Law Implemented:
NDCC
					 19-24.1-26
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-20 - Conducting inventory

Current through Supplement No. 393, July, 2024
1. Each compassion
				center, prior to commencing business, shall:
a. Conduct an initial inventory of all
				marijuana and usable marijuana at the compassion center. If a compassion center
				commences business with no marijuana or usable marijuana, the compassion center
				shall record the initial inventory as zero.
b. After the initial inventory, a compassion
				center shall conduct an inventory of marijuana and usable marijuana once a week
				for a period of at least six months, and upon department approval, at least
				monthly thereafter.
c. Conduct each
				inventory in a manner that includes two individuals. One of the two individuals
				may not be involved in the production and processing of marijuana, the
				dispensing of usable marijuana, or the preparation of the compassion center
				financial records. One of the two individuals must be a supervisor or
				manager.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-21 - Personnel record retention

Current through Supplement No. 393, July, 2024
1. Personnel
				records maintained by the compassion center must include:
a. Recruiting and screening documents, such
				as:
(1) Application.
(2) Resume.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-22 - Compassion center and laboratory incidents

Current through Supplement No. 393, July, 2024
1. Compassion centers and the laboratory
				shall contact 911 in the event of an emergency and contact law enforcement or
				911 to report criminal activities.
2. Compassion centers and the laboratory
				shall provide the department with written notice, within twenty-four hours, of
				any of the following:
a. A breach of
				security;
b. Failures of, or
				tampering with, security and surveillance equipment, cameras, or
				recordings;
c. Power failures
				lasting longer than two hours;
d.
				Embezzlement or fraud;
e.
				Contacting 911 or contact with law enforcement;
f. Incidents that occur while transporting
				marijuana, usable marijuana, and medical marijuana waste;
g. Attempts to obtain marijuana or usable
				marijuana in a manner not prescribed by North Dakota Century Code chapter
				19-24.1 and these rules; and
h.
				Violations of North Dakota Century Code chapter 19-24.1 and these
				rules.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-23 - Advertising and marketing

Current through Supplement No. 393, July, 2024
1. A dispensary
				may:
a. Display its business name and logo on
				labels, signs, websites, and informational material provided to registered
				qualifying patients and registered designated caregivers. The name or logo may
				not include:
(1) Images of marijuana or
				marijuana paraphernalia.
(2)
				Colloquial references to marijuana.
(3) Names of marijuana plant
				strains.
(4) Medical symbols that
				bear a reasonable resemblance to established medical associations, including
				the American medical association or American academy of pediatrics.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-24 - Strain or brand names

Current through Supplement No. 393, July, 2024
A manufacturing facility may not use strain or brand names
				  containing any words that refer to products commonly associated with minors,
				  marketed to minors, or any names that are false or misleading.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-24.1 - Medical cannabinoid product formulation

Current through Supplement No. 393, July, 2024
A manufacturing facility must have a certificate of
				  authenticity or similar documentation approved by the department for all
				  ingredients used in formulating a medical cannabinoid product. A certificate of
				  authenticity or similar documentation approved by the department must include
				  the date of expiration.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-25 - Usable marijuana packaging

Current through Supplement No. 393, July, 2024
All usable marijuana packaging used by a manufacturing
				  facility must be approved by the department. A manufacturing facility shall
				  package all usable marijuana intended for distribution according to the
				  following standards:
1. Usable
				marijuana containers must be:
a.
				Plain.
b. Tamper-evident.
c. Child-resistant.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-26 - Manufacturing facility labeling

Current through Supplement No. 393, July, 2024
1. A
				manufacturing facility shall label all usable marijuana in accordance with the
				following before their sale or transfer to a dispensary:
a. A container holding dried leaves and
				flowers must include the following information:
(1) Manufacturers' business or trade name and
				registry certification number;
(2)
				Container identification number;
(3) Batch number;
(4) Date of harvest;
(5) Name of strain;
(6) Net weight in United States customary or
				metric units;
(7) Concentration of
				total tetrahydrocannabinol and total cannabidiol as identified by the
				laboratory selected by the department in accordance with section
				33-44-01-36;
(8) Activation time expressed in words or
				through a pictogram;
(9) Expiration
				date;
(10) Universal symbol;
				and
(11) Consumer warnings that
				state:
(a) "This product is not approved by
				the Food and Drug Administration to treat, cure, or prevent any
				disease."
(b) "For use by North
				Dakota registered qualifying patients only."
(c) "Keep out of reach of
				children."
(d) "It is illegal to
				drive or to be in actual physical control of a motor vehicle while under the
				influence of marijuana."
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-27 - Dispensary labeling

Current through Supplement No. 393, July, 2024
1. All usable
				marijuana delivered to a dispensary from a manufacturing facility must meet the
				labeling requirements in section
				33-44-01-26.
2. A dispensary shall affix a label to all
				usable marijuana distributed to registered qualifying patients and registered
				designated caregivers that includes:
a. The
				registered qualifying patient's name and department-issued registry
				identification card number.
b. The
				name of the dispensary.
c. Date
				dispensed.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-28 - Removal of product labels

Current through Supplement No. 393, July, 2024
All usable marijuana labels affixed by a compassion center
				  must remain on the packaging. The department may revoke or suspend a
				  cardholder's registry identification if the cardholder alters, obliterates, or
				  destroys any label affixed to a usable marijuana package or
				  container.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-29 - Transportation authorization

Current through Supplement No. 393, July, 2024
1.
				Transportation of marijuana, usable marijuana, and medical marijuana waste by a
				manufacturing facility is authorized as follows:
a. A manufacturing facility may transport
				usable marijuana:
(1) From its manufacturing
				facility to a dispensary;
(2) From
				its manufacturing facility to its quality control and quality assurance testing
				location; and
(3) From a dispensary
				to its manufacturing facility.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-30 - Transportation requirements

Current through Supplement No. 393, July, 2024
1. Any compassion
				center or laboratory transporting marijuana, usable marijuana, or medical
				marijuana waste shall use a manifest system, approved by the department, to
				track transportation. The manifest must be in a vehicle transporting marijuana,
				usable marijuana, or medical marijuana waste. The manifest must be provided to
				law enforcement upon request.
a. The manifest
				system must include a chain of custody that records:
(1) The name and address of the
				destination.
(2) The description of
				each individual container that is part of the shipment and the total number of
				individual containers.
(3) The date
				and time the shipment is placed into the transport vehicle.
(4) The date and time the shipment is
				accepted at the delivery destination.
(5) The person's identity, and the
				circumstances, duration, and disposition of any other person who had custody or
				control of the shipment.
(6) Any
				handling or storage instructions.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-31 - Compassion center inspections and compliance

Current through Supplement No. 393, July, 2024
The department, or a department designee, shall conduct
				  inspections of compassion centers to ensure compliance with North Dakota
				  Century Code chapter 19-24.1 and these rules. Compassion centers shall receive
				  the results of an inspection in writing. Issues of noncompliance and concerns
				  about the continued operation of the compassion center may result in a plan of
				  correction, suspension, or revocation of a registry identification card or
				  registration certificate.
General Authority:
NDCC 19-24.1-22
Law Implemented:
NDCC
					 19-24.1-22
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-32 - Plan of correction

Current through Supplement No. 393, July, 2024
1. Upon request, a
				compassion center shall submit to the department a plan of correction
				addressing issues of noncompliance and concerns identified during an
				inspection.
2. A plan of correction
				must include:
a. How the corrective action
				will be accomplished;
b. What
				changes will be made to ensure the issues of noncompliance and concerns
				identified during an inspection do not recur; and
c. How the compassion center will monitor the
				corrective actions to ensure the issues of noncompliance and concerns
				identified during an inspection are corrected and do not recur.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-33 - Data reporting

Current through Supplement No. 393, July, 2024
Data related to usable marijuana dispensed for a registered
				  qualifying patient use must be submitted to the North Dakota prescription drug
				  monitoring program. The department shall submit the data to the prescription
				  drug monitoring program.
General Authority:
NDCC 19-24.1-37
Law Implemented:
NDCC
					 19-24.1-37
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-34 - Law enforcement reportable incidents

Current through Supplement No. 393, July, 2024
1. Law enforcement
				shall notify the department within five business days, using a form developed
				by the department, if an individual who is not a registered cardholder is found
				in possession of usable marijuana dispensed pursuant to North Dakota Century
				Code chapter 19-24.1 or if a registered qualifying patient or a registered
				designated caregiver is found in possession of an amount greater than the
				allowable amount of usable marijuana in accordance with state law. Unlawful
				possession of usable marijuana includes:
a.
				Possession of usable marijuana by anyone other than a registered
				cardholder.
b. Possession of usable
				marijuana by a registered qualifying patient or registered designated caregiver
				not in possession of a valid registration card.
c. Possession of usable marijuana by a
				registered cardholder if the registration card is no longer valid due to
				suspension, revocation, or expiration.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-35 - Reporting adverse reactions

Current through Supplement No. 393, July, 2024
1. Incidents
				involving overdose or adverse reaction related to the use of usable marijuana
				must be reported to the department. The department shall provide an electronic
				form for reporting incidents involving overdose or adverse reactions to the
				department.
2. Individuals required
				to report incidents involving overdose or adverse reactions to the department
				include:
a. Registered qualifying
				patients.
b. A registered
				qualifying patient's registered designated caregiver.
c. Compassion center agents.
d. Law enforcement.
e. Health care professionals.
f. Emergency medical services
				professionals.
g. Emergency
				department personnel at any health care facility in which a patient presents
				for treatment of an incident involving overdose or adverse reaction related to
				the use of usable marijuana.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-36 - Laboratory procurement process

Current through Supplement No. 393, July, 2024
The department may contract with a laboratory or laboratories
				  to conduct random quality sampling testing of a compassion center's marijuana
				  and usable marijuana. The department shall procure the laboratory testing
				  services in accordance with North Dakota Century Code chapter 54-44.4. An
				  awarded laboratory must be properly accredited as determined by the
				  department.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-37 - Laboratory authority

Current through Supplement No. 393, July, 2024
The activities of a department-awarded laboratory include
				  providing laboratory services and related activities, including acquiring,
				  possessing, storing, transferring, and transporting marijuana, usable
				  marijuana, and medical marijuana waste in accordance with North Dakota Century
				  Code chapter 19-24.1 and these rules.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-38 - Laboratory agent registry identification cards

Current through Supplement No. 393, July, 2024
1. Each laboratory
				agent who performs activities in accordance with North Dakota Century Code
				chapter 19-24.1 and these rules shall obtain a registry identification
				card.
2. Upon initial award of a
				contract, the department shall provide the laboratory a registration form to
				complete for each laboratory agent. Except for the fee, the form must require
				the laboratory to provide the same information for laboratory agents as
				required for compassion centers agents in subsection 2 of North Dakota Century
				Code section 19-24.1-18. The laboratory shall submit to the department:
a. A complete agent registration form for
				each laboratory agent;
b. All
				documents required for conducting a criminal history record check under North
				Dakota Century Code section 12-60-24 for each laboratory agent; and
c. Payment of all applicable fees associated
				with the criminal history record check.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-39 - Laboratory inspection

Current through Supplement No. 393, July, 2024
An awarded laboratory is subject to random inspection by the
				  department, or a department designee, to ensure compliance with North Dakota
				  Century Code chapter 19-24.1 and these rules.
General Authority:
NDCC 19-24.1-22
Law Implemented:
NDCC
					 19-24.1-22
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-40 - Usable marijuana testing

Current through Supplement No. 393, July, 2024
1. A manufacturing
				facility shall have all usable marijuana tested in accordance with sections
				33-44-01-42, 33-44-01-43, and 33-44-01-44 by a laboratory selected by the
				department as described in section 33-44-01-36. The manufacturing facility
				shall pay all costs of testing usable marijuana in accordance with these
				rules.
2. A manufacturing facility
				may not transfer usable marijuana to a dispensary until it is tested and passes
				compliance testing in accordance with these rules.
3. A dispensary may not accept usable
				marijuana from a manufacturing facility unless it is tested and passes
				compliance testing in accordance with these rules.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC
					 19-24.1-36
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-41 - Ordering tests

Current through Supplement No. 393, July, 2024
1. A manufacturing
				facility shall provide a laboratory with the following information, at a
				minimum, prior to the laboratory taking samples:
a. The name, address, and contact information
				of the manufacturing facility;
b.
				Type of usable marijuana;
c. Batch
				numbers to be tested;
d. Harvest
				lot number or numbers associated with the batch numbers;
e. Process lot number associated with the
				batch numbers, if applicable;
f.
				Total mass or volume of each batch to be tested;
g. For medical cannabinoid products, the unit
				of sale;
h. Concentration
				information, if known; and
i.
				Identification of the test or tests the manufacturing facility is requesting
				the laboratory to conduct.
North Dakota Administrative Code › Title 33 - State Department of Health › Article 33-44 - Medical Marijuana › Chapter 33-44-01 - Medical Marijuana › Section 33-44-01-42 - Compliance testing requirements for dried leaves and flowers

Current through Supplement No. 393, July, 2024
A manufacturing facility shall have every batch from a
				  harvest lot of dried leaves and flowers, to be packaged in a container for
				  transfer to a dispensary, tested for the following:
1. Pesticides and degradation compounds in
				accordance with section 33-44-01-47.
2. Microbiological contaminants and
				mycotoxins in accordance with section 33-44-01-48.
3. Heavy metals in accordance with section
				33-44-01-48.1.
4. Water activity
				and moisture content in accordance with section 33-44-01-50.
5. Concentration in accordance with section
				33-44-01-51.
General Authority:
NDCC 19-24.1-36
Law Implemented:
NDCC 19-24.1-36