reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-23 - Dispensary access

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided under this division,
			 no person, except a registered patient or
			 caregiver, dispensary employee, or a cultivator or processor employee
			 delivering medical marijuana, shall
			 be granted
			 access to a dispensary.
								
								One
			 individual may also accompany a registered patient or caregiver into the
			 dispensary; however, that individual must remain in the waiting
			 area.
(B)
								
								Notwithstanding paragraph (A) of this rule, the
			 following may be granted access to a dispensary:
(1) Third party service
			 personnel, such as technicians, utility workers, and employee representatives,
			 , provided that
			 such visitors are entered in the visitor log, are
			 identified on the third party vendor list maintained in compliance with
			 paragraph (E)(6)(b) of rule 3796: 6-3-17 E(6)(b) of the Administrative
			 Code, and are accompanied at all times by a dispensary employee. Such
			 visitors may only enter non-restricted areas,  and may not have access to areas
			 containing medical marijuana without 
									continuous supervision by a dispensary
			 employee;
(2)
			 Local, state or federal law enforcement, emergency
			 service personnel, or government officials in the performance of
			 their civil or administrative governmental duties;
(3)
									Upon written
			 request on a form approved by the state board of pharmacy and approval by the
			 board, physicians who hold a certificate to recommend issued by the state
			 medical board; and
(4)
									Upon written request on a form approved by the state
			 board of pharmacy and approval by the board, any other person demonstrating a
			 legitimate need to be granted access to the dispensary.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-3 - Operations › Section 3796:6-3-24 - Advertising, marketing, and signage

Current through all regulations passed and filed through July 1, 2024
(A)
								For purposes of
			 this rule "advertisement" means any written or verbal statement, illustration,
			 or depiction created to induce sales through a combination of letters,
			 pictures, objects, lighting effects, illustrations, or other similar means. An
			 "advertisement" includes brochures, promotional material and other marketing
			 materials. An advertisement that renders medical marijuana or medical marijuana
			 products attractive to children is prohibited.
(B)
								The state of Ohio
			 has a compelling interest in ensuring that any advertisement or marketing
			 campaigns related to or involving medical marijuana does not encourage,
			 promote, or otherwise create any impression that marijuana is legal or
			 acceptable to use in a manner except as specifically authorized under Chapter
			 3796. of the Revised Code, or the rules promulgated in accordance with Chapter
			 3796. of the Revised Code, or that recreational marijuana use has any potential
			 health or therapeutic benefits, or that recreational marijuana use or
			 possession is somehow legal.
(C)
								A dispensary
			 shall not use a name, logo, sign or advertisement unless the name, logo, sign
			 or advertisement has been submitted to the state board of pharmacy and the
			 applicable advertising approval fee has been paid. Materials submitted to the
			 board shall include, but are not limited to:
(1)
									A brief
			 description of the format, medium and length of the
			 distribution;
(2)
									Verification that an actual patient is not being used
			 on the advertisement;
(3)
									Verification that an official translation of a foreign
			 language advertisement is accurate;
(4)
									Annotated
			 references to support statements related to effectiveness of treatment;
			 and
(5)
									A final copy of the advertisement, including a video
			 where applicable, in a format acceptable to the board.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-01 - Enforcement generally

Current through all regulations passed and filed through July 1, 2024
Pursuant to section
				3796.15 of the Revised Code, the
				state board of pharmacy shall regulate activities and enforce compliance with
				activities as they relate to the dispensing of medical marijuana and medical
				marijuana products to registered patients and designated caregivers. The state
				board of pharmacy shall investigate all activities related to Chapters 2925.,
				3715., 3719., and 3796. of the Revised Code as they relate to dispensing
				operations.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-02 - Compliance and inspection of medical marijuana dispensaries

Current through all regulations passed and filed through July 1, 2024
(A) Dispensaries are subject to random and
			 unannounced dispensary inspections and medical marijuana testing by the state
			 board of pharmacy.
(B) The state
			 board of pharmacy and its authorized representatives may:
(1) Enter any place, including a vehicle, in
			 which medical marijuana is held, stored, dispensed, sold, produced, delivered,
			 transported, manufactured, or disposed of;
(2) Inspect in a reasonable manner, the place
			 and all pertinent equipment, containers, and labeling and all things including
			 records, files, financial data, sales data, shipping data, pricing data,
			 personnel data, research, papers, processes, controls, and facility, and
			 inventory of any stock of medical marijuana; and
(3) Obtain any medical marijuana or medical
			 marijuana product, any labels or containers for medical marijuana, or
			 paraphernalia.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-04 - Revocation, suspension and termination of a medical marijuana dispensary certificate of operation or employee license

Current through all regulations passed and filed through July 1, 2024
(A)
								The state board
			 of pharmacy, after notice and hearing in accordance with Chapter 119. of the
			 Revised Code, may impose any one or more of the following sanctions on a
			 dispensary or a dispensary employee if the board finds evidence of any of the
			 conduct set forth in rule
			 3796:6-4-03
			 of the Administrative Code:
(1)
									Revoke, suspend, restrict, limit, or refuse to grant or
			 renew a license, including a dispensary certificate of
			 operation;
(2)
									Reprimand or place the license holder on
			 probation;
(3)
									Impose a monetary penalty, not to exceed fifty thousand
			 dollars for each finding, or forfeiture.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-05 - Suspension of a dispensary employee license without a hearing

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to division (B)(3) of section
			 3796.14
			 of the Revised Code, the state board of pharmacy may suspend a dispensary
			 employee license  under the following
			 circumstances:
(1) Upon a finding that a
			 dispensary employee is abusing or becomes addicted to the use of controlled
			 substances the dispensary employee's license shall be suspended by the board
			 until the person offers satisfactory proof to the state board of pharmacy that
			 the person no longer is addicted to the use of controlled substances;
(2) If the board determines that there is
			 clear and convincing evidence that continuation of the dispensary employee's
			 practice or method of dispensing, using or furnishing medical marijuana
			 presents a danger of immediate and serious harm to oneself or to others, the
			 state board of pharmacy shall suspend the person's license without a
			 hearing;
(3) On receiving
			 notification that a dispensary employee has been convicted of or pleaded guilty
			 to a disqualifying offense, the state board of pharmacy
			 may
			 suspend the person's license without a hearing;
(4) On receiving notification that a
			 dispensary employee pleaded guilty to, was found guilty by a jury or court of,
			 or was convicted of a felony drug abuse offense; a finding by a court of the
			 dispensary employee's eligibility for intervention in lieu of conviction; a
			 dispensary employee's plea of guilty to, or a finding by a jury or court of the
			 employee's guilt of, or the employee's conviction of an offense in another
			 jurisdiction that is substantially the same as a felony drug abuse offense; or
			 a finding by a court of the employee's eligibility for treatment or
			 intervention in lieu of conviction in another jurisdiction, the state board of
			 pharmacy immediately shall suspend the license of that person.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-06 - Suspension of a provisional dispensary license or certificate of operation without a hearing

Current through all regulations passed and filed through July 1, 2024
Pursuant to division (B)(3) of section
				3796.14
				of the Revised Code, if the state board of pharmacy determines that there is
				clear and convincing evidence that the method used by a dispensary to possess
				or dispense medical marijuana presents a danger of immediate and serious harm
				to others, the board may suspend the dispensary's license without a hearing.
				Upon the suspension of a dispensary certificate of operation, all medical
				marijuana shall be placed under seal in accordance with division (C) of section
				3796.15
				of the Revised Code. The board shall follow the procedure for suspension
				without a prior hearing in section
				119.07
				of the Revised Code. The suspension shall remain in effect, unless removed by
				the board until the board's final adjudication order becomes effective, except
				that if the board does not issue its final judgment order within ninety days
				after the hearing, the suspension shall be void on the ninety-first day after
				the hearing. The board may suspend a license utilizing
				a telephone conference call to review the allegations and take a
				vote.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-07 - Failure to properly store medical marijuana

Current through all regulations passed and filed through July 1, 2024
(A) Any dispensary that does not store
			 medical marijuana in compliance with this division, or that stores medical
			 marijuana at a location other than that for which the dispensary license was
			 issued, may have its license suspended or revoked. In such a case, all medical
			 marijuana under the dispensary's control will be subject to being placed under
			 seal by the state board of pharmacy in compliance with division (C) of section
			 3796.15
			 of the Revised Code.
(B) The state
			 board of pharmacy may retrieve samples of dispensary inventory and submit such
			 samples to a testing laboratory for appropriate testing upon reasonable
			 suspicion that expired, damaged, deteriorated, misbranded or adulterated
			 medical marijuana:
(1) Is being or has been
			 dispensed to patients or caregivers; or
(2) Is intermingled with a dispensary's
			 medical marijuana inventory until they are destroyed in accordance with the
			 dispensary's destruction policy. Expired, damaged, deteriorated, misbranded or
			 adulterated medical marijuana shall not be stored at the licensed dispensary
			 for more than one week.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-08 - Restoration of license from discipline

Current through all regulations passed and filed through July 1, 2024
At any time after the successful
				completion of a term of probation or suspension of a license, the state board
				of pharmacy may reinstate the license to active status, if all conditions
				precedent are demonstrated and are determined by the board to be
				met.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-09 - Interagency cooperation

Current through all regulations passed and filed through July 1, 2024
Whenever the state board of pharmacy revokes or suspends a
				medical marijuana dispensary provisional license
				or certificate of operation, it shall notify the
				department of commerce, the medical board, local police departments and county
				sheriff's office whose jurisdiction includes the licensee's dispensing
				location.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-10 - Variances

Current through all regulations passed and filed through July 1, 2024
(A)
								The state board of pharmacy may grant variances from
			 this division in cases in which:
(1)
									The applicable provision is not statutorily
			 mandated;
(2)
									Granting the variance will not be contrary to public
			 interest;
(3)
									No party will be injured by the granting of the
			 variance; and
(4)
									The rule from which the variance is granted would, in
			 the particular case, be unreasonable or unnecessarily
			 burdensome.
Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-5 - Fees › Section 3796:6-5-01 - Medical marijuana dispensary fee structure

Current through all regulations passed and filed through July 1, 2024
(A) The following non-refundable licensing
			 fees are as follows:
(1) The application fee
			 for a dispensary license is five thousand dollars. One application fee must be
			 submitted with each application.
(2) The certificate of operation fee is
			 seventy thousand dollars. One certificate of operation fee must be submitted
			 for each certificate of operation.
(3) In addition to the certificate of
			 operation fee, the fee to file an untimely certificate of operation renewal is
			 ten thousand dollars.
(4) The
			 application fee for a dispensary associated key employee is five hundred
			 dollars.
(5) The application fee for a dispensary key
			 employee is two hundred fifty dollars.
(6) The application fee for a dispensary
			 support employee is one hundred dollars. .
(7) The biennial renewal fee for a dispensary
			 license is seventy thousand dollars.
(8) The biennial renewal fee for a dispensary
			 associated key employee card is five hundred dollars.
(9) The biennial renewal fee for a dispensary
			 key employee card is two hundred fifty dollars.
(10) The biennial renewal fee for a
			 dispensary support employee card is one hundred dollars.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-01 - Procedure for patient registration

Current through all regulations passed and filed through July 1, 2024
(A) Before medical marijuana may be dispensed
			 to or for, possessed by or for, or administered by or for a prospective
			 patient, the prospective patient must be placed on the registry established by
			 the state board of pharmacy in accordance with section
			 3796.08 of the
			 Revised Code.
(B) To qualify for
			 placement on the registry, a prospective patient must:
(1) Establish and maintain a bona fide
			 physician-patient relationship with a recommending physician who shall submit a
			 complete patient registration submission;
(2) Receive a diagnosis or confirmation of a
			 qualifying condition from the recommending physician;
(3) Consent to treatment with medical
			 marijuana. If the patient is a minor or individual with
			 a court-appointed legal guardian, the prospective patient's parent or
			 legal representative shall consent to treatment with medical
			 marijuana;
(4) Remit to the state
			 board of pharmacy the required fee; and
(5) Unless otherwise provided pursuant to a
			 reciprocal agreement under division (A) of section
			 3796.16 of
			 the Revised Code, be an Ohio resident.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-02 - Caregiver eligibility

Current through all regulations passed and filed through July 1, 2024
(A) Unless otherwise approved by the board, or provided in paragraph (B) of
			 this rule, in order to be eligible to serve a
			 qualifying patient, a caregiver must be:
(1)
									A natural
			 person;
(2)
									At least twenty-one years of age or
			 older;
(3)
									A resident of the state of Ohio.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-03 - Procedure for caregiver registration

Current through all regulations passed and filed through July 1, 2024
(A)
								Caregivers who are
			 registered in accordance with section
			 3796.08 of the
			 Revised Code may possess medical marijuana
			 and administer it to patients with whom the caregiver's registration
			 is associated.
(B) An individual
			 who meets the caregiver eligibility requirements under rule
			 3796:7-2-02
			 of the Administrative Code may be registered as a caregiver if the following
			 are submitted to the state board of pharmacy in a manner suitable to the board:
(1) Identification of a patient who is
			 registered or attempting to register as a patient pursuant to rule
			 3796:7-2-01
			 of the Administrative Code and for whom the individual intends to serve as a
			 caregiver;
(2) Completed caregiver
			 registration submission in accordance with paragraph (C) of this rule;
			 and
(3) Required fee.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-04 - Purchase of medical marijuana

Current through all regulations passed and filed through July 1, 2024
(A) A patient or caregiver may only purchase
			 medical marijuana pursuant to a valid and active recommendation issued by a
			 physician pursuant to rule
			 4731-32-03 of
			 the Administrative Code.
(B) No
			 patient under eighteen years of age shall purchase medical marijuana.
(C) Patients and caregivers must provide
			 their registry identification card and  identification before entering the
			 dispensary department. Acceptable  identification includes:
(1) An unexpired Ohio driver's
			 license;
(2) An unexpired Ohio
			 identification card issued by the Ohio bureau of motor vehicles (BMV);
			 or
(3)
									Any
			 other identification proving residency as approved by the board.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-05 - Patient and caregiver registry - generally

Current through all regulations passed and filed through July 1, 2024
(A)
								Patient and
			 caregiver registrations are non-transferrable.
(B)
								Patients and
			 caregivers shall not engage in the cultivation of medical marijuana or the
			 manufacture of medical marijuana extract, unless authorized pursuant to rule
			 3796:5-2-01
			 of the Administrative Code and such cultivating or manufacturing is performed
			 in compliance with rules promulgated by the department pursuant to section
			 3796.03 of the Revised
			 Code.
(C)
								No patient or caregiver shall accept free samples of
			 medical marijuana.
(D)
								Patients and caregivers shall purchase medical
			 marijuana only from a medical marijuana dispensary with an active certificate
			 of operation issued by the state board of pharmacy, or where authorized
			 pursuant to a reciprocity agreement established pursuant to section
			 3796.16 of the Revised
			 Code.
(E)
								Patients and caregivers shall store medical marijuana
			 in a secure location so as to prevent theft, loss, or access by persons not
			 authorized under this division.
(F)
								Patients and
			 caregivers shall carry their registry identification with them whenever they
			 are in possession of medical marijuana. No more than a ninety day supply of
			 medical marijuana may be possessed by or on behalf of a single patient at any
			 time.
(G)
								Medical marijuana shall be maintained in on one of the
			 following containers at all times until administered to or by a patient:
(1)
									The original
			 dispensing package with an unaltered dispensary label in accordance with rule
			 3796:6-3-09
			 of the Administrative Code; or
(2)
									The container
			 provided by a dispensary in accordance with paragraph (G) of rule
			 3796:6-3-01
			 of the Administrative Code.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-06 - Voluntary relinquishment of a medical marijuana registration

Current through all regulations passed and filed through July 1, 2024
(A)
								At any time, a patient or caregiver may voluntarily
			 relinquish their patient or caregiver medical marijuana registration by
			 notifying the state board of pharmacy in writing.
(B)
								A patient or
			 caregiver shall, within fourteen calendar days of learning from a recommending
			 physician that the patient no longer has a diagnosis of a qualifying
			 condition:
(1)
									Notify the state board of pharmacy, in writing, of the
			 patient's voluntary registration relinquishment; or
(2)
									If the patient
			 seeks to maintain an active patient registration, request in writing, a hearing
			 in accordance with Chapter 119. of the Revised Code, seeking authorization to
			 maintain an active patient registration.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-07 - Duty to report

Current through all regulations passed and filed through July 1, 2024
(A) A patient or caregiver must notify the
			 state board of pharmacy within ten calendar days of learning that the patient or
			 caregiver's registry identification card has been used fraudulently. After
			 notification of the fraudulent use of a registry identification card, the state
			 board of pharmacy may issue a new registry identification card with a new
			 registry number.
(B) A patient or
			 caregiver must notify the state board of pharmacy within
			 ten
			 calendar days of learning that the patient or caregiver's registry was
			 accessed without authorization. After notification of the unauthorized access,
			 the state board of pharmacy may issue a new registry identification card with a
			 new registry number.
(C) A patient
			 or caregiver must notify the state board of pharmacy, in a manner suitable to
			 the board, of any change in the information, other than a change in qualifying
			 condition, previously provided to the board in accordance with rule
			 3796:7-2-01
			 of the Administrative Code not later than thirty calendar days after such
			 change.
(D) If a patient is
			 deceased, the patient's caregiver, if any, or a legal representative of the
			 patient shall notify the state board of pharmacy. A
			 deceased patient's registration shall be deactivated at the request of the
			 patient's:
(1)
									Caregiver or legal representative; or
(2)
									Recommending
			 physician.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-08 - Grounds for discipline

Current through all regulations passed and filed through July 1, 2024
(A) The state board of pharmacy, after notice
			 and hearing in accordance with Chapter 119. of the Revised Code, may revoke or
			 impose any one or more of the following sanctions on a patient or caregiver if
			 the board finds the individual engaged in any of the conduct set forth in
			 paragraph (B) of this rule:
(1) Revoke,
			 suspend, restrict, limit, or refuse to grant or renew a registration;
			 or
(2) Reprimand or place the
			 registrant on probation, or refuse to grant an identification card.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-09 - Suspension of a patient or caregiver registration without a hearing

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to
			 division (B)(3) of section
			 3796.14
			 of the Revised Code, if the board determines that there
			 is clear and convincing evidence that the continued dispensing or furnishing
			 medical marijuana to the patient or caregiver or administration of medical
			 marijuana to or by a patient, presents a danger of immediate and serious harm
			 to oneself or to others, the state board of pharmacy may suspend a
			 patient or caregiver registration  without a hearing. The
			 board may suspend a patient or caregiver registration utilizing a telephone
			 conference call to review the allegations and take a vote.
(B) The board shall follow the procedure for
			 suspension without a prior hearing in section
			 119.07
			 of the Revised Code. The suspension shall remain in effect, unless removed by
			 the board, until the board's final adjudication order becomes effective, except
			 that if the board does not issue its final adjudication order within ninety
			 days after the hearing the suspension shall be void ninety-one days after the
			 hearing.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-10 - Confidentiality of patient-identifying information at adjudication hearings

Current through all regulations passed and filed through July 1, 2024
(A)
								Notwithstanding any provision to the contrary in
			 Chapter 119. of the Revised Code, all adjudication hearings related to a
			 patient registration shall be closed to the public, in accordance with division
			 (B) of section
			 3796.08 of the
			 Revised Code.
(B)
								Documents that contain patient-identifying information
			 are confidential. Patientidentifying information includes, but is not limited
			 to:
(1)
									Patient's name;
(2)
									Patient's social
			 security number;
(3)
									Patient's date of birth;
(4)
									Patient's
			 driver's license number;
(5)
									Patient's home address, telephone number, email
			 address, or any other contact information;
(6)
									Patient's
			 registry card number and related information;
(7)
									Any other
			 information that can be used to identify a patient or is required to be
			 confidential under state or federal law.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-11 - Release of registered patient information maintained by the state board of pharmacy

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to division (B) of section
			 3796.08 of the
			 Revised Code and division (C) of section
			 4729.80
			 of the Revised Code, records related to registered patients are confidential
			 and are not public records subject to disclosure under section
			 149.43
			 of the Revised Code. The state board of pharmacy is authorized or required to
			 provide information related to registered patients only as follows:
(1)
									The patient or
			 that patient's designated caregiver;
(2)
									The certified
			 physician who issued the recommendation to the patient;
(3)
									Certified or
			 licensed health care personnel who is responsible for the care of the
			 patient;
(4)
									Any state or local law enforcement agency conducting an
			 investigation of a criminal violation of state or federal law;
(5)
									Any person that
			 the state board of pharmacy is legally required to, including upon issuance of
			 a valid subpoena, court order, or other similar document only in a criminal
			 matter or an equivalent juvenile matter;
(6)
									A government
			 entity responsible for the licensure, regulation, or discipline of health care
			 professionals;
(7)
									Any person, other than those listed in paragraphs
			 (A)(1) to (A)(6) of this rule, only when the patient has given consent for such
			 disclosure in writing, except where a patient is unable to deliver written
			 consent, in which case, written consent must be provided by the patient's
			 caregiver or legal guardian.
(a)
										Any consent must be signed by the patient or caregiver
			 and dated.
(b)
										Any consent for disclosure is valid until rescinded by
			 the patient or caregiver.
(c)
										In an emergency, the state board of pharmacy may
			 disclose the registered patient information when it is deemed to be in the best
			 interest of the patient.
Ohio Administrative Code › Title 3796:7 - Patients › Chapter 3796:7-2 - Registration of Patients and Caregivers › Section 3796:7-2-12 - Suspension of Access to Patient Information

Current through all regulations passed and filed through July 1, 2024
(A)
(1)
									Except as provided in division (A)(2) of this rule,
			 after providing notice and affording an opportunity for a hearing in accordance
			 with Chapter 119. of the Revised Code, the state board of pharmacy may restrict
			 a person from obtaining information from the registry established in accordance
			 with section
			 3796.08 of the
			 Revised Code if any of the following is the case:
(a)
										The person
			 receives or releases registered patient information in violation of rules
			 3796:6-3-18
			 or 3796:7-2-11 of the Administrative Code or section
			 3796.08 of the
			 Revised Code;
(b)
										The person's actions in another state would have
			 constituted a violation of rules
			 3796:6-3-18
			 or 3796:7-2-11 of the Administrative Code or section
			 3796.08 of the
			 Revised Code;
(c)
										The person fails to comply with rules
			 3796:6-3-18
			 or 3796:7-2-11 of the Administrative Code or section
			 3796.08 of the
			 Revised Code, regardless of the jurisdiction in which the failure to comply
			 occurred;
(d)
										The person creates, by clear and convincing evidence, a
			 threat to the security of information contained in the
			 registry.
Ohio Administrative Code › Title 3796:8 - Administration › Chapter 3796:8-1 - Definitions › Section 3796:8-1-01 - Definitions

Current through all regulations passed and filed through July 1, 2024
For purposes of rules promulgated pursuant to Chapter 3796. of
				the Revised Code:
(A)
								
								"Child-resistant" means the packaging standards
			 described in
			 16 C.F.R.
			 1700.15 (as in effect on February 1,
			 2017).
(B) "Edible medical
			 marijuana" means a product that:
(1) Contains
			 marijuana or an extract thereof;
(2) Is intended for human consumption by oral
			 administration; and
(3)
									
									Is
			 presented in the form of foodstuffs.
Ohio Administrative Code › Title 3796:8 - Administration › Chapter 3796:8-2 - Form of Doses › Section 3796:8-2-01 - Authorized medical marijuana forms and methods of administration

Current through all regulations passed and filed through July 1, 2024
(A)
								Pursuant to section
			 3796.06 of the Revised Code,
			 approved medical marijuana products include the following forms and routes of
			 administration:
(1)
									Oil, tincture, capsule, or edible form for oral
			 administration;
(2)
									Metered oil or solid preparation for
			 vaporization;
(3)
									Patches for transdermal administration or lotions,
			 creams, or ointments for topical administration; and
(4)
									Plant material
			 for administration with the use of vaporizing devices.
Ohio Administrative Code › Title 3796:8 - Administration › Chapter 3796:8-2 - Form of Doses › Section 3796:8-2-02 - Establishment of additional forms or methods of administration

Current through all regulations passed and filed through July 1, 2024
(A) New forms of medical marijuana or methods
			 of administration shall not be purchased by, stored, possessed, offered for
			 sale, or sold by a dispensary unless the form or method has been approved by
			 the state board of pharmacy.
(B)
			 Persons seeking to add a form or method of administration shall submit a
			 petition in accordance with section  3796.061  of the Revised Code to the state
			 board of pharmacy, which can be accessed by visiting
			 medicalmarijuana.ohio.gov.
(C) The
			 board shall only consider a petition if it includes all of the following:
(1) Scientific evidence, capable of being
			 reproduced by multiple scientific experts, supporting the addition of the form
			 or method of administration;
(2) An
			 opinion from at least one scientific expert supporting the addition of the form
			 or method of administration. The scientific expert must have specialized
			 knowledge acquired through experience, education or observation, or study that
			 is not possessed by the average layperson;
(3) The extent to which the prospective form
			 or method of administration is generally accepted by the medical
			 community;
(4) Information or
			 studies known to the petitioner regarding any benefit or adverse effects from
			 the use of the proposed form or method of administration; and
(5) Benefits to approving the proposed form
			 or method of administration.
Ohio Administrative Code › Title 3796:8 - Administration › Chapter 3796:8-2 - Form of Doses › Section 3796:8-2-03 - Forms and form variations considered attractive to children

Current through all regulations passed and filed through July 1, 2024
(A) All medical
			 marijuana accepted by a dispensary shall be packaged in a
			 child-resistant container.
(B) Pursuant to division (C) of section
			 3796.06
			 of the Revised Code, the following medical marijuana products are prohibited as
			 attractive to children:
(1) Any product
			 bearing any resemblance to a cartoon character, fictional character whose
			 target audience is children or youth, or pop culture figure;
(2) Any product bearing a reasonable
			 resemblance to a product available for consumption as a commercially available
			 candy;
(3) Any product whose design
			 resembles, by any means, another object commonly recognized as appealing to, or
			 intended for use by, children;
(4)
			 Any product whose shape bears the likeness or contains characteristics of a
			 realistic or fictional human, animal, or fruit, including artistic, caricature,
			 or cartoon renderings;
(5) Any
			 medical marijuana product that otherwise targets persons under the age of
			 eighteen.
Ohio Administrative Code › Title 3796:8 - Administration › Chapter 3796:8-2 - Form of Doses › Section 3796:8-2-05 - Assignment of a product identifier

Current through all regulations passed and filed through July 1, 2024
(A) Before any medical marijuana
			  product may be
			 sold to a dispensary, the form for each dose and packaged quantity of that
			 product must be registered with the department pursuant to Chapter 3796:5-8 of
			 the Administrative Code and assigned a product identifier pursuant to this
			 rule.
(B) Each cultivator with a
			 processor designation and processor that intends to sell medical marijuana to a
			 dispensary shall provide the following information to the state board of
			 pharmacy for each form and dose of each medical marijuana
			  product:
(1) Name of the medical marijuana
			 entity;
(2) Medical marijuana
			 entity license issued by the department;
(3) Name of product;
(4) Product description, including but not
			 limited to:
(a) The form and intended method
			 or methods of administration; and
(b) An image of the product;
(5) Product dose;
(6) Days supply of the product for each
			 product package that will be available;
(7) Product ingredients;
(8) Proof that the product has been
			 registered with the department pursuant to Chapter 3796:5-8 of the
			 Administrative Code;
(9) Remit
			 required fee; and
(10) Any
			 additional items deemed necessary by the state board of pharmacy.
Ohio Administrative Code › Title 3796:8 - Administration › Chapter 3796:8-2 - Form of Doses › Section 3796:8-2-06 - Portions, dosing, and units of medical marijuana sold at a dispensary

Current through all regulations passed and filed through July 1, 2024
To be eligible for sale by a dispensary:
(A) Edible liquids containing multiple
			 portions, or doses, of medical marijuana shall be packaged in a structure that
			 uses a single mechanism to achieve both child-resistant properties and accurate pouring
			 measurement of portions, or doses. The measurement component shall be included
			 within the child-resistant cap or closure of the bottle and
			 cannot be a separate component.
(B)
			 No single portion or dose of medical marijuana in the following forms shall
			 exceed fifty-five milligrams of THC:
(1) Oil,
			 tincture, capsule, or edible form for oral administration;
(2)
									Strips, sprays,
			 salves, dissolving tablets, lozenges, tinctures, and films for sublingual
			 administration; and
(3) Patches for
			 transdermal administration.
Ohio Administrative Code › Title 3796:8 - Administration › Chapter 3796:8-3 - Fees › Section 3796:8-3-01 - Product identifier fee

Current through all regulations passed and filed through July 1, 2024
The non-refundable fee for the assignment of a product
				identifier is one hundred dollars.
(A)
			 A single fee shall be remitted for each dose of each medical marijuana strain
			 and medical marijuana product. No further fee is required for the assignment of
			 a product identifier for additional packaged quantities.
(B) All fees required under this rule shall
			 be paid to the state board of pharmacy by check, or other method approved by
			 the state board of pharmacy, made payable to the " Ohio treasurer of state."
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-01 - Public notice by publication

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule provides for the giving
				of proper notice by publication 
									for various sections of
				
									Chapter 1731., 1739., 1751., or 1761. or Title XXXIX of
				the Revised Code, or as additionally determined by the superintendent of
				insurance for promulgation to the public of such insurance matters as are
				of widespread public interest and which do not set forth with particularity the
				means, content and frequency of notice nor come under
				the notice requirements of Chapter 119. of the Revised Code .
(B)
								 Authority
This rule is promulgated pursuant to
				the authority vested in the superintendent under section
				3901.041 of the Revised
				Code.
(C) Other 
								public notice by
			 
								superintendent of insurance
Whenever 
									Chapter 1731., 1739., 1751., or
				1761. or Title XXXIX of the Revised Code, or as additionally determined by the
				superintendent of insurance require public notice to be given by the
				
									superintendent of insurance,
				and where the method and content of notice are not set forth with
				particularity, 
									and do not fall within the notice requirements of Chapter
				119. of the Revised Code . Such notice may be given by publication in a newspaper of general
				circulation of not less than ten thousand in Cuyahoga, Franklin, Hamilton, and
				Lucas counties.
(D)
			 Public 
								notice by insurance industry
(1) Whenever an insurance company or any
			 individual or firm connected therewith, subject to the regulation and
			 jurisdiction of the 
									department of insurance,
			 
									is
			 required to give public notice by any section of the Revised Code of Ohio, in
			 which the method and content of notice are not set forth with particularity,
			 such public notice shall be given in accord with 
									paragraph
			 (C) of this rule hereof.
(2)
			 Such public notice shall include:
(a) A
			 synopsis or general statement of the subject matter involved.
(b) An indication of the company's position,
			 or action to be taken, regarding the subject of notice.
(c) The date, time, and place of hearing, if
			 any, or the effective date of action taken, or to be taken.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-07 - Unfair trade practices

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
The purpose of this rule is to define
				certain additional unfair trade practices and to set forth required procedures
				in connection therewith. Sections
				3901.20
				and
				3901.21
				of the Revised Code respectively prohibit unfair or deceptive practices in the
				business of insurance and define certain acts or practices as unfair or
				deceptive. Section
				3901.21
				of the Revised Code also provides that the enumeration of specific unfair or
				deceptive acts or practices in the business of insurance is not exclusive or
				restrictive or intended to limit the powers of the superintendent of insurance
				to adopt rules to implement that section.
(B)
								Authority
This rule is promulgated pursuant to
				the authority vested in the superintendent under section
				3901.041
				of the Revised Code. Section
				3901.041
				of the Revised Code provides that the superintendent of insurance shall adopt,
				amend, and rescind rules and make adjudications necessary to discharge the
				superintendent's duties and exercise that person's powers under Title 39 of the
				Revised Code.
(C)
			 Defined unfair practices
It shall be deemed an unfair or deceptive practice to commit or
				perform with such frequency as to indicate a general business practice any of
				the following:
(1) Knowingly
			 
									misrepresenting to claimants pertinent facts or policy
			 provisions relating to coverage at issue;
(a)
			 Misrepresenting a pertinent policy provision by making any payment, settlement,
			 or offer of first party benefits, which, without explanation, does not include
			 all amounts which should be included according to the claim filed by the first
			 party claimant and investigated by the insurer;
(b) Denying a claim on the grounds of a
			 specific policy provision, condition, or exclusion without reference to such
			 provision, condition, or exclusion;
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-13 - Mortgage guaranty insurance

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to implement division (A)(24) of
				section
				3929.01
				of the Revised Code, as it pertains to the writing and servicing of that kind
				of insurance known as mortgage guaranty insurance as hereinafter
				defined.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under section
				3901.041
				of the Revised Code.
(C)
			 Definitions
The definitions set forth in this rule shall govern the
				construction of the terms used in this rule:
(1) "Mortgage guaranty insurance" is:
(a) Insurance against financial loss by
			 reason of nonpayment of principal, interest or other sums agreed to be paid
			 under the terms of any note or bond or other evidence of indebtedness secured
			 by a mortgage, deed of trust, or other instrument constituting a lien or charge
			 on real estate, provided the improvement on such real estate is a residential
			 building or a condominium unit or buildings designed for occupancy by not more
			 than four families; or
(b)
			 Insurance against financial loss by reason of nonpayment of principal, interest
			 or other sums agreed to be paid under the terms of any note or bond or other
			 evidence of indebtedness secured by a mortgage, deed of trust or other
			 instrument constituting a lien or charge on real estate, providing the
			 improvement on such real estate is a building or buildings designed for
			 occupancy by five or more families or designed to be occupied for industrial or
			 commercial purposes; or
(c)
			 Insurance against financial loss by reason of nonpayment of rent or other sums
			 agreed to be paid under the terms of a written lease for the possession, use or
			 occupancy of real estate, provided the improvement on such real estate is a
			 building or buildings designed to be occupied for industrial or commercial
			 purposes.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-22 - Risk modification plans

Current through all regulations passed and filed through July 1, 2024
(A) Purpose
The purpose of this rule is to set forth the requirements of
				risk modification plans that are permitted for non-personal lines insurance to
				recognize variation in hazard and characteristics of risk.
(B) Authority
This rule is promulgated pursuant to the authority vested in
				the superintendent under section
				3901.041
									 of
				the Revised Code,
				which requires the superintendent to adopt, amend, and rescind rules and make
				adjudications necessary to discharge duties and exercise powers provided to the
				superintendent under Title XXXIX of the Revised Code, subject to sections
				119.01
				to
				119.13
				of the Revised Code. This rule is issued to implement sections
				3935.03,
				3935.04,
				3937.02
				and
				3937.03
				of the Revised Code.
(C) Definitions
(1) "Risk modification plan" (commonly called
			 a schedule rating plan or an individual risk premium modification plan) means
			 the application of judgment debits or credits to the otherwise applicable
			 premium, which are based upon the individual risk's variation in hazard and
			 characteristics of the risk otherwise not reflected.
(2) "Experience modification plan" means any
			 rating plan or procedure, including a retrospective rating plan wherein a
			 manual rate for insurance is modified based upon the past loss experience of
			 the insured.
(3) "Expense
			 modification plan" means any rating plan or procedure where the variation of
			 the premium for a particular risk corresponds to the variation in the expenses
			 of this particular risk from those contemplated in the manual rate for
			 insurance.
(4) "Personal lines"
			 means a policy of property and casualty insurance issued to a natural person
			 primarily for personal or family protection, such as a personal automobile,
			 homeowners, non-commercial dwelling fire or personal umbrella policy.
Ohio Administrative Code › Title 3901 - Department of Insurance › Chapter 3901-1 - General Provisions › Section 3901-1-23 - Inland marine risks

Current through all regulations passed and filed through July 1, 2024
(A)
								Purpose
The purpose of this rule is to define
				what constitutes an inland marine risk.
(B)
								Authority
This rule is promulgated pursuant to
				the authority vested in the superintendent under section
				3901.041 of the Revised
				Code.
(C) Inland marine
			 risks
(1) Inland marine risks shall be
			 established by the nation-wide inland marine
			 definition, approved and recommended by the "National Association of Insurance
			 Commissioners" on December 9, 1976.
(2) Any company wishing to deviate from the
			 nation-wide inland marine definition shall make a
			 formal filing and obtain approval of the superintendent of insurance before
			 using such deviation.