CHAPTER He-C 400  THERAPEUTIC CANNABIS PROGRAM

 

PART He-C 401  THERAPEUTIC CANNABIS PROGRAM – REGISTRY RULES

 

Statutory Authority: RSA 126-X:6, I

 

REVISION NOTE #1:

 

          Document #10646 contained new rule He-C 401 on registry rules for the therapeutic cannabis program, which were adopted by the Commissioner of the Department of Health and Human Services on 7-23-14 and filed the same day pursuant to RSA 541-A:14, III with the Director of Legislative Services.  Pursuant to RSA 541-A:14, IV, the Commissioner specified in a letter to the Director an effective date of 8-1-15.

 

          The effective date of 8-1-15 was modified by the Commissioner to be 11-2-15 in a letter dated 7-24-15 pursuant to RSA 541-A:14, IV, which allows an agency to change an effective date by “providing a statement to the director of legislative services which shall indicate the new effective date and all reasons for modifying the date.  The statement shall be published by the director of legislative services in the rulemaking register.  No modified effective date shall occur earlier than the date of publication in the rulemaking register.”  The Commissioner’s letter was published in the New Hampshire Rulemaking Register on July 30, 2015.

 

REVISION NOTE #2:

 

            Document #10964, effective 11-2-15, amended He-C 401.02, He-C 401.09, and He-C 401.11 through He-C 401.13, and adopted He-C 401.18 titled “Production of Cannabis-Infused Products” and He-C 401.19 titled “Pre-registration.”  Subsequently Document #12330, effective 7-21-17, repealed He-C 401.19 through the expedited repeal process pursuant to RSA 541-A:19-a.

 

Document #13220, effective 7-1-21, then adopted, repealed, readopted, or readopted with amendments all of the rules in Part He-C 401.  The rule repealed was He-C 401.09 titled “Approval of a Severely Debilitating or Terminal Medical Condition Not Listed as a Qualifying Medical Condition”, which had been filed in Document #10646 and been amended by Document #10964.  The rule adopted was a new He-C 401.09 titled “Initial Application Requirements for Adult Patients with Guardians”.  Document #13220 replaced all prior filings affecting the rules in Part He-C 401.

 

          He-C 401.01  Purpose and Scope.

 

          (a)  The purpose of these rules is to establish the requirements for issuing registry identification cards to qualifying patients and their designated caregivers for the therapeutic use of cannabis.

 

          (b)  Individuals who are not legal residents of the state of New Hampshire shall not be eligible to receive registry identification cards as qualifying patients.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

 

          He-C 401.02  Definitions.

 

          (a)  “Alternative treatment center (ATC)” means “alternative treatment center” as defined in RSA 126-X:1, I, namely, “a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, designated caregivers, other alternative treatment centers, and visiting qualifying patients.”

 

          (b)  “Cannabis” means “cannabis” as defined in RSA 126-X:1, III, namely, “all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin. Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed, or sold under RSA 439-A.”

 

          (c)  “Cannabis concentrate” means any form of cannabinoid extracted from usable cannabis plant material using an extraction method, such as water, food, carbon dioxide, alcohol, or other solvent as allowed by He-C 402.16(j)(1)c.

 

          (d)  “Commissioner” means the commissioner of the New Hampshire department of health and human services, or designee.

 

          (e)  “Department” means the New Hampshire department of health and human services.

 

          (f)  “Designated caregiver” means “designated caregiver” as defined in RSA 126-X:1, VI, namely, “an individual who:

 

(1)  Is at least 21 years of age;

 

(2)  Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest alternative treatment center, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;

 

(3)  Has never been convicted of a felony or any felony drug-related offense; and

 

(4)  Possesses a valid registry identification card issued pursuant to RSA 126-X:4.”

 

This term includes “caregiver.”

 

          (g)  “Diversion” means the obtaining or transferring of cannabis from a legal possession or use to an illegal use or to a person not authorized to use or obtain cannabis under RSA 126-X or He-C 401.

 

          (h)  “Minor” means an individual who is under 18 years of age.

 

          (i)  “Provider” means “provider” as defined in RSA 126-X:1, VII(a), namely:

 

(1)  A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

 

(2)  An advanced practice registered nurse licensed pursuant to RSA 326-B:18 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

 

(3)  A physician or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition; or

 

(4)  A physician assistant licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, with the express consent of the supervising physician.”

 

          (j)  “Provider-patient relationship” means “provider-patient relationship” as defined in RSA 126-X:1, VIII, namely, “a medical relationship between a licensed provider and a patient that includes an in-person exam, a history, a diagnosis, and a treatment plan appropriate for the licensee’s medical specialty.”

 

          (k)  “Qualifying medical condition” means:

 

(1)  “Qualifying medical condition” as defined in RSA 126-X:1, IX(a), namely, “the presence of:

 

a.  Cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, muscular dystrophy, Crohn’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, epilepsy, lupus, Parkinson’s disease, Alzheimer’s disease, ulcerative colitis, Ehlers-Danlos syndrome, or one or more injuries or conditions that has resulted in one or more qualifying symptoms under subparagraph (2); and

 

b.  A severely debilitating or terminal medical condition or its treatment that has produced at least one of the following: elevated intraocular pressure, cachexia, chemotherapy-induced anorexia, wasting syndrome, agitation of Alzheimer’s disease, severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects, constant or severe nausea, moderate to severe vomiting, seizures, severe, persistent muscle spasms, or moderate to severe insomnia;” or

 

(2)  “Qualifying medical condition” as defined in RSA 126-X:1, IX(b), namely:

 

a.  Moderate to severe chronic pain.

 

b.  Severe pain that has not responded to previously prescribed medication or surgical measures or for which other treatment options produced serious side effects.

 

c.  Moderate or severe post-traumatic stress disorder.

 

d.  Autism spectrum disorder in adults 21 years of age or older.

 

e.  Autism spectrum disorder in people under 21 years of age with the requirement of a consultation with a certified provider of child and/or adolescent psychiatry, developmental pediatrics, or pediatric neurology, who confirms that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects and who supports certification for the use of therapeutic cannabis.

 

f.  Opioid use disorder, with the following restrictions:

 

1.  When certified only by a board certified addiction medicine or addiction psychiatry provider who is actively treating the patient for opioid use disorder; and

 

2.  With associated symptoms of cravings and/or withdrawal.”

 

          (l)  “Qualifying patient” means “qualifying patient” as defined in RSA 126-X:1, X, namely “a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-X:4.” This term includes “patient.”

 

          (m)  “Registry identification card” means “registry identification card” as defined in RSA 126-X:1, XI, namely, “a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.” This term includes “registry ID card” used on department forms.

 

          (n)  “Therapeutic use” means “therapeutic use” as defined in RSA 126-X:1, XIII, namely, “the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms or results of treatment associated with the qualifying patient’s qualifying medical condition. It shall not include:

 

(1)  The use of cannabis by a designated caregiver who is not a qualifying patient; or

 

(2)  Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or

 

(3)  Cultivation by a designated caregiver or qualifying patient.”

 

          (o)  “Use in adolescence” means “use in adolescence” as defined in RSA 126-X:XV-a, namely, “the therapeutic use of cannabis by any person whose age is within the generally accepted medical and psychiatric definition of an adolescent as ranging in age from 12-25 years old, as well as by individuals younger in age.”

 

          (p)  “Visiting qualifying patient” means “visiting qualifying patient” as defined in RSA 126-X:1, XVI, namely, “a person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.”

 

          (q)  “Written certification” means “written certification” as defined in RSA 126-X:1, XVII, namely, “documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a provider-patient relationship.”  

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23; ss by #13763-A, eff 6-26-23

 

          He-C 401.03  Registry Identification Card Required.

 

          (a)  In order to receive legal protection for the therapeutic use of cannabis as authorized by RSA 126-X, an individual shall apply for and receive a registry identification card for the therapeutic use of cannabis.

 

          (b)  Qualifying patients and designated caregivers shall possess at all times their registry identification cards while in possession of cannabis outside their home(s).

 

          (c)  Pursuant to RSA 126-X:3, V, qualifying patients and designated caregivers who are found to be in possession of cannabis outside of their home(s) and are not in possession of their registry identification cards shall be subject to a fine of up to $100.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

 

          He-C 401.04  Initial Application Requirements for Qualifying Patients.

 

          (a)  Applicants for a qualifying patient registry identification card shall submit a completed “Patient Application” form to the department, which includes the following:

 

(1)  Indication whether it is an initial or renewal application;

 

(2)  The following applicant information:

 

a.  Full name;

 

b.  Date of birth;

 

c.  Gender;

 

d.  Telephone number;

 

e.  Mailing address; and

 

f.  Physical address, if different than mailing address, except that if the applicant is experiencing homelessness this shall not be required;

 

(3)  The following information about the applicant’s certifying provider:

 

a.  First and last name;

 

b.  Business address; and

 

c.  Telephone number;

 

(4)  A signed and dated release authorizing the release of relevant medical information by the certifying provider to the department if further information about the applicant’s qualifying medical condition or written certification is required by the department;

 

(5)  The following information about the applicant’s designated caregiver, if the applicant has designated a caregiver:

 

a.  Full name;

 

b.  Mailing address;

 

c.  Date of birth; and

 

d.  Indication that a “Caregiver Application” is enclosed or has already been submitted;

 

(6)  A signed and dated attestation of the following acknowledgements:

 

a.  “I understand that my Registry ID Card is valid for one year, unless a shorter or longer duration is indicated by my provider. I must renew or extend my card prior to its expiration in order to prevent a lapse in registration.”;

 

b.  “I understand that if I am notified of a denial or a revocation I have 30 days from the date of the notice to appeal the decision, and that if an appeal request is not made within that timeframe then I will have waived my right to an appeal and the action of the Department shall become final.”;

 

c.  “I understand that I may not possess, between myself and my Designated Caregiver, more than 2 ounces of cannabis, or obtain more than 2 ounces of cannabis in any 10-day period from any source.”;

 

d.  “I understand that I may only use cannabis for the purpose of treating or alleviating my qualifying medical condition.”;

 

e.  “I understand that I may not be under the influence of cannabis: (1) while operating a motor vehicle, commercial vehicle, boat, vessel, or any other vehicle propelled or drawn by power other than muscular power; (2) in my place of employment, without the written permission of my employer; or (3) while operating heavy machinery or handling a dangerous instrumentality.”;

 

f.  “I understand that I may not smoke or vaporize cannabis in any public place, including a public bus or other public vehicle, or any public park, public beach, or public field.”;

 

g. “I understand that I may not be in possession of cannabis in any of the following locations: (1) the building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; (2) a place of employment, without the written permission of the employer; (3) any correctional facility; (4) any public recreation center or youth center; or (5) any law enforcement facility.”;

 

h.  “I understand that I may use cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property.”;

 

i.  “I have instructed a family member, caretaker, executor, and my Designated Caregiver that, in the event of my death, the Department shall be notified within 5 days that I have died, and that within 5 days of learning of my death, the family member, caretaker, executor, or my Designated Caregiver shall either request that the local law enforcement agency remove any remaining cannabis or dispose of the cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

 

j.  “I understand that if I am found to be in possession of cannabis outside of my home and I am not in possession of my Registry ID Card, I may be subject to a fine of up to $100.”;

 

k.  “I understand that any person(s) who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement official or for the use of cannabis other than use undertaken pursuant to RSA 126-X.”;

 

l.  “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within New Hampshire.”;

 

m.  “I understand that I must be in compliance with RSA 126-X and with the administrative rules adopted thereunder, and that the Department may revoke my Registry ID Card for any violation of any provision of RSA 126-X or the rules adopted thereunder.”; and

 

n.  “I understand that by using cannabis I may be denied rights and privileges by federal agencies including, but not limited to, those related to employment such as driving a commercial vehicle, those related to owning, possessing, or purchasing a firearm and ammunition, those related to federally subsidized housing, those related to immigration and naturalization, or the inability to pass a security clearance.”;

 

(7)  A signed and dated certification that:

 

a.  The applicant is a resident of New Hampshire;

 

b.  The facts as stated in the application are accurate to the best of the applicant’s knowledge and belief; and

 

c.  The applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3;

 

(8)  A signed and dated pledge not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis; and

 

(9)  Voluntary demographic information, as follows:

 

a.  Race and ethnicity;

 

b.  Veteran status;

 

c.  Employment and income;

 

d.  Public assistance;

 

e.  Education;

 

f.  Health insurance;

 

g.  Marital status; and

 

h.  Language proficiency.

 

          (b)  In addition to (a) above, applicants shall provide to the department the following supporting documentation:

 

(1)  A “Written Certification for the Therapeutic Use of Cannabis” form completed by the applicant’s provider in accordance with He-C 401.07, except that a written certification completed more than 6 months prior to the date of the applicant’s application submission shall not be accepted;

 

(2)  A fee in accordance with He-C 401.14(b)(1); and

 

(3)  Proof of New Hampshire residency, as follows:

 

a.  A copy of the applicant’s valid, non-expired New Hampshire driver’s license or New Hampshire state identification;

 

b.  A copy of the applicant’s valid, non-expired state or federal government-issued identification that shows the applicant’s name and New Hampshire address; or

 

c.  If documentation in a. and b. above is unavailable, other documentation that contains the applicant’s name and current address and which indicates New Hampshire residency, such as:

 

1.  A current lease agreement or vehicle registration; or

 

2.  A utility bill, medical bill, property tax bill, mortgage statement, bank statement, government check, or payroll check with a date showing that it was issued within 6 months of the date the application was received by the department.

 

          (c)  The applicant shall submit the documents in (a) and (b) above to:

 

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH 03301

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.05  Initial Application Requirements for Designated Caregivers.

 

          (a)  Applicants for a designated caregiver registry identification card shall submit a completed “Caregiver Application” form to the department, which includes the following:

 

(1)  Indication whether it is an initial or renewal application;

 

(2)  The following applicant information:

 

a.  Full name;

 

b.  Date of birth;

 

c.  Gender;

 

d.  Telephone number;

 

e.  Mailing address; and

 

f.  Physical address, if different than mailing address;

 

(3)  The following information for each qualifying patient the applicant will be assisting with the therapeutic use of cannabis, which shall not exceed 5 qualifying patients, except that additional qualifying patients shall be allowed, up to a maximum of 9, if both the designated caregiver and the additional qualifying patients each live greater than 50 miles from the nearest ATC:

 

a.  Full name;

 

b.  Mailing address;

 

c.  Physical address, if different than mailing address, except that if the qualifying patient is experiencing homelessness this shall not be required; and

 

d.  Date of birth;

 

(4)  A signed and dated attestation of the following acknowledgements:

 

a.  “I understand that my Registry ID Card is valid for one year, unless a shorter or longer duration is indicated by my patient’s medical provider. I must renew or extend my card prior to its expiration in order to prevent a lapse in registration.”;

 

b.  “I understand that if I am notified of a denial or a revocation I have 30 days from the date of the notice to appeal the decision, and that if an appeal request is not made within that timeframe then I will have waived my right to an appeal and the action of the Department shall become final.”;

 

c.  “I understand that I may not possess, between myself and my Qualifying Patient(s), more than 2 ounces of cannabis per Qualifying Patient, or obtain more than 2 ounces of cannabis in any 10-day period from any source per Qualifying Patient.”;

 

d.  “I understand that as a Designated Caregiver I am not permitted to use cannabis, unless I am also a Qualifying Patient, and may be subject to criminal penalties if I do so.”;

 

e.  “I understand that as a Designated Caregiver I am not permitted to possess any cannabis for purposes other than its therapeutic use as permitted by RSA 126-X.”;

 

f.  “I understand that I may not be in possession of cannabis in any of the following locations: (1) the building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; (2) a place of employment, without the written permission of the employer; (3) any correctional facility; (4) any public recreation center or youth center; or (5) any law enforcement facility.”;

 

g.  “I understand that in the event of my Qualifying Patient’s death, I will, within 5 days of the death: (1) notify the Department of the death; and (2) either request that the local law enforcement agency remove any remaining cannabis or dispose of the remaining cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

 

h.  “I understand that if I am found to be in possession of cannabis outside of my home and I am not in possession of my Registry ID Card, I may be subject to a fine of up to $100.”;

 

i. “I understand that any person(s) who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement official or for the use of cannabis other than use undertaken pursuant to this RSA 126-X.”;

 

j “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within New Hampshire.”;

 

k. “I understand that I must be in compliance with RSA 126-X and with the administrative rules adopted thereunder, and that the Department may revoke my Registry ID Card for any violation of any provision of RSA 126-X or the rules adopted thereunder.”; and

 

l.  “I understand that I, by possessing cannabis, and my Qualifying Patient, by using cannabis, may be denied rights and privileges by federal agencies including, but not limited to, those related to employment such as driving a commercial vehicle, those related to owning, possessing, or purchasing a firearm and ammunition, those related to federally subsidized housing, those related to immigration and naturalization, or the inability to pass a security clearance.”;

 

(5)  A signed and dated attestation that the applicant has not been convicted of a felony offense in New Hampshire or in any other state, and agreement to notify the department if convicted of a felony offense subsequent to being issued a registry ID card;

 

(6)  A signed and dated certification that:

 

a.  The applicant agrees to act as the designated caregiver for the qualifying patient named in the application;

 

b.  The facts as stated in the application are accurate to the best of the applicant’s knowledge and belief; and

 

c.  The applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3;

 

(7)  A signed and dated pledge not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis; and

 

(8)  Voluntary demographic information, as follows:

 

a.  Race and ethnicity;

 

b.  Veteran status;

 

c.  Employment and income;

 

d.  Public assistance;

 

e.  Education;

 

f.  Health insurance;

 

g.  Marital status; and

 

h.  Language proficiency.

 

          (b)  The applicant shall submit the documents in (a) above to:

 

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH  03301

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.06  Provider Requirements.

 

          (a)  The department shall accept written certifications for the therapeutic use of cannabis only from providers who possess, at the time of signing the certification, the following:

 

(1)  For providers in New Hampshire, an active license, in good standing, pursuant to RSA 329 for physicians, pursuant to RSA 326-B:18 for advanced practice registered nurses, or pursuant to RSA 328-D for physician assistants;

 

(2)  For providers in Maine, Massachusetts, and Vermont, an active license, in good standing, pursuant to the relevant state licensing laws in Maine, Massachusetts, or Vermont, except that a license for a naturopathic doctor shall not be acceptable; and

 

(3)  For all providers in (1) and (2) above, an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.

 

          (b)  A provider issuing a written certification shall:

 

(1)  Have a provider-patient relationship with the patient, as defined in He-C 401.02(j);

 

(2)  If a provider licensed in Maine, Massachusetts, or Vermont, be primarily responsible for the patient’s care related to the patient’s qualifying medical condition, pursuant to RSA 126-X:1, VII(a)(3);

 

(3)  If a physician assistant, have the express consent of the supervising physician, pursuant to RSA 126-X:1, VII(a)(4);

 

(4)  Conduct a full assessment of the patient’s medical history and current medical condition which includes:

 

a.  An in-person physical examination of the patient, which shall not be via telemedicine, except that telemedicine shall be allowed for New Hampshire providers for follow-up visits related to cannabis certification and treatment and for recertifications completed by the same certifying provider;

 

b.  A medical history of the patient, including a prescription history;

 

c.  A review of laboratory testing, imaging, and other relevant tests;

 

d.  Appropriate consultations;

 

e.  A documented diagnosis of the patient’s current medical condition; and

 

f.  The development or documentation of a treatment plan for the patient appropriate for the provider’s specialty;

 

(5)  Explain the potential health effects of the therapeutic use of cannabis:

 

a.  To the patient; or

 

b.  In the case of a patient who is a minor, to the minor’s custodial parent or legal guardian with responsibility for health care decisions for the patient, which shall be inclusive of potential risks and benefits of the therapeutic use of cannabis;

 

(6)  Provide counseling:

 

a.  To each patient who is a woman of child-bearing age, and to the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use during pregnancy and while breastfeeding; and

 

b.  To each patient who is an adolescent 25 years of age or less, and to the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use in adolescence;

 

(7)  Follow the patient clinically at appropriate intervals at the discretion of the provider to provide follow-up care and treatment to the patient for the patient’s qualifying medical condition including, but not limited to, physical examinations, to determine the health effects of cannabis for treating the patient’s qualifying medical condition or associated symptom for which the written certification was issued;

 

(8)  Maintain medical records for all patients for whom the provider has issued a written certification which support the written certification;

 

(9)  Make a copy of such records which support the written certification available to the department, and otherwise provide information to the department upon request about the patient’s qualifying medical condition, to ensure compliance with RSA 126-X and He-C 401; and

 

(10)  If the provider has recommendations or instructions for the therapeutic use of cannabis for the patient, be permitted to send such recommendations or instructions to the patient’s ATC(s), either directly or via the department. Such recommendations shall be securely transmitted.

 

          (c)  A provider shall not consider a patient to have a qualifying medical condition if a patient who has had a diagnosis of a qualifying medical condition in the past no longer actively has a qualifying medical condition, unless the symptoms related to such qualifying medical condition are mitigated by the therapeutic use of cannabis.

 

          (d)  Providers shall not issue a written certification for themselves or for the provider’s immediate family members.

 

          (e)  A provider shall not:

 

(1)  Offer a discount or other thing of value to a patient who uses or agrees to use a particular ATC;

 

(2)  Examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed; or

 

(3)  Hold any economic interest in an ATC, including but not limited to employment at an ATC, if the provider issues written certifications to patients.

 

          (f)  Providers may rescind or otherwise withdraw a written certification which they have previously issued, for cause, including, but not limited to, the provider making a determination that the patient:

 

(1)  No longer has a qualifying medical condition;

 

(2)  Should discontinue using cannabis;

 

(3)  Falsified information that was the basis of the provider’s written certification;

 

(4)  Did not adhere to the provider’s treatment plan for the patient; or

 

(5)  Should no longer be certified for the therapeutic use of cannabis for another compelling reason.

 

          (g)  To rescind or otherwise withdraw a previously issued written certification, the certifying provider shall submit the following information on the “Written Certification Withdrawal” form:

 

(1)  Qualifying patient name;

 

(2)  Qualifying patient date of birth;

 

(3)  Certifying provider name;

 

(4)  Medical practice phone number;

 

(5)  Reason for withdrawal of the written certification; and

 

(6)  Certifying provider’s dated signature of a statement of withdrawal for the reason in (5) above.

 

          (h)  Providers may extend the duration of a written certification, as follows:

 

(1)  If a written certification has been previously issued for fewer than 3 years, per He-C 401.07(b)(8), the provider who issued that written certification may extend the written certification, provided that the total duration of the written certification, including any extensions, shall not exceed 3 years;

 

(2)  A written certification extension shall be signed and dated no later than the expiration date of the qualifying patient’s registry identification card;

 

(3)  A written certification extension shall be received by the department no later than one month after the expiration of the qualifying patient’s registry identification card; and

 

(4)  A written certification extension shall not require the submission of a new written certification, a new patient application, or a new fee.

 

          (i)  To extend the duration of a written certification, the certifying provider shall provide to the department the following information on the “Written Certification Extension” form:

 

(1)  Qualifying patient name;

 

(2)  Qualifying patient date of birth;

 

(3)  Certifying provider name;

 

(4)  Certifying provider license number;

 

(5)  Medical practice phone number;

 

(6)  Expiration date of the qualifying patient’s current registry identification card, if known;

 

(7)  Length of extension; and

 

(8)  Certifying provider’s dated signature.

 

          (j)  Upon receipt of the completed written certification extension in (i) above, which meets the requirements in (h) above and which was submitted by either the certifying provider or the qualifying patient, the department shall issue:

 

(1)  To the qualifying patient, a new registry identification card with a new expiration date; and

 

(2)  To the qualifying patient’s designated caregiver, a new registry identification card with a new expiration date, if the qualifying patient has a designated caregiver with a non-expired registry identification card.

 

          (k)  The department shall track written certification extensions to ensure that no qualifying patient or designated caregiver receives an extension in excess of the maximum of 3 years from the first effective date of the current registry identification card.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.07  Written Certification Requirements.

 

          (a)  The certifying provider shall complete a “Written Certification for the Therapeutic Use of Cannabis” form, which includes the following:

 

(1)  Indication whether it is an initial or renewal certification;

 

(2)  The following patient information:

 

a.  Full name;

 

b.  Mailing address;

 

c.  Date of birth; and

 

d.  Telephone number; and

 

(3)  The following provider information:

 

a.  Full name;

 

b.  Name of medical practice;

 

c.  Office mailing address;

 

d.  Office telephone and fax numbers;

 

e.  Optional email address;

 

f.  State license number;

 

g.  Indication that the provider is a physician (MD or DO), a physician assistant (PA), or an advanced practice registered nurse (APRN);

 

h.  Active US Drug Enforcement Administration registration number; and

 

i.  Medical specialty, as appropriate for the provider type.

 

          (b)  On the “Written Certification for the Therapeutic Use of Cannabis” form, the provider shall:

 

(1)  Certify that the patient has a qualifying medical condition, as defined in He-C 401.02(j) and RSA 126-X:1, IX(a) or (b), by:

 

a.  Providing the patient’s name;

 

b.  Indicating which condition(s) the patient has;

 

c.  For a diagnosis of opioid use disorder with associated symptoms of cravings or withdrawal, or both, providing the provider’s addiction medicine or addiction psychiatry certification board name and certification number; and

 

d.  Signing and dating the certification;

 

(2)  Indicate whether the written certification is based on an in-person physical examination or an examination that was conducted via telemedicine;

 

(3)  For a diagnosis of autism spectrum disorder for patients under age 21, certify that the provider has consulted with a certified provider of child or adolescent psychiatry, or both, developmental pediatrics, or pediatric neurology, who has confirmed that the autism spectrum disorder has not responded to previously prescribed medication or for which other treatment options produced serious side effects, and who supports certification for the therapeutic use of cannabis;

 

(4)  Certify that the provider has a provider-patient relationship with the patient, as follows:

 

“I have completed a full assessment of my patient’s medical history and current medical condition in accordance with He-C 401.06(b)(4) made in the course of a provider-patient relationship”;

 

(5)  Certify that the provider explained the potential health effects of the therapeutic use of cannabis:

 

a.  To the patient; or

 

b.  In the case of a patient who is a minor, to the patient’s custodial parent or legal guardian with responsibility for health care decisions for the patient, which shall be inclusive of the potential risks and benefits of the therapeutic use of cannabis;

 

(6)  Certify that the provider counseled:

 

a.  The patient, if the patient is a woman of child-bearing age, and the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use during pregnancy and while breastfeeding; and

 

b.  The patient, if the patient is an adolescent 25 years of age or less, and the patient’s custodial parent or legal guardian if the patient is a minor, about the risks of cannabis use in adolescence;

 

(7)  Certify that the provider possesses an active license in good standing with the state of New Hampshire or the state of Maine, Massachusetts, or Vermont and is either:

 

a.  A physician, an advanced practice registered nurse, or a physician assistant licensed in New Hampshire to prescribe drugs to humans under RSA 329, RSA 326-B:18, or RSA 328-D, respectively, and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances; or

 

b.  A physician or an advanced practice registered nurse licensed in Maine, Massachusetts, or Vermont to prescribe drugs to humans under the relevant state licensing laws, who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, and who is primarily responsible for the patient’s care related to the patient’s qualifying medical condition;

 

(8)  Certify that the facts as stated in the written certification are accurate to the best of the provider’s knowledge and belief and that the provider understands that any false statements made on the written certification are punishable as unsworn falsification under RSA 641:3; and

 

(9)  Indicate the duration for which the registry identification card shall be valid, up to a maximum of 3 years, except that if this is not indicated, the card shall default to a duration of one year.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.08  Initial Application Requirements for Minor Patients.

 

          (a)  The minor applicant’s custodial parent(s) or legal guardian who is responsible for the health care decisions of the minor applicant shall complete and submit the “Minor Patient Application” form described in (c) below.

 

          (b)  The “Minor Patient Application” form shall be a combined application for both the minor applicant and the designated caregiver applicant(s).

 

          (c)  The minor applicant’s custodial parent(s) or legal guardian shall include the following on the “Minor Patient Application”:

 

(1)  Indication whether it is an initial or renewal application;

 

(2)  The following minor applicant information:

 

a.  Full name;

 

b.  Date of birth;

 

c.  Gender;

 

d.  Mailing address; and

 

e.  Physical address, if different than mailing address, except that if the minor applicant is experiencing homelessness this shall not be required;

 

(3)  The following information about the designated caregiver applicant(s):

 

a.  Full name;

 

b.  Date of birth;

 

c.  Gender;

 

d.  Phone number;

 

e.  Mailing address, if different than the minor applicant; and

 

f.  Physical address, if different than the minor applicant;

 

(4)  The following information about the minor applicant’s certifying providers:

 

a.  First and last name;

 

b.  Business address; and

 

c.  Telephone number;

 

(5)  A signed and dated release authorizing the release of relevant medical information by the certifying providers to the department if further information about the minor applicant’s qualifying medical condition or written certification is required by the department;

 

(6)  Signed and dated attestation(s) of the following minor patient requirements:

 

a.  “I am the custodial parent or legal guardian responsible for the health care decisions of the applicant.”;

 

b.  “The applicant’s certifying providers have explained to me the potential risks and benefits of the therapeutic use of cannabis.”;

 

c.  “I consent to allow the applicant’s therapeutic use of cannabis.”;

 

d.  “I consent to serve as the applicant’s Designated Caregiver and to control the acquisition of cannabis and the frequency of the therapeutic use of cannabis by the applicant.”;

 

e.  “I understand that if I am not approved to be a Designated Caregiver, then the applicant’s application to be a Qualifying Patient shall not be approved.”; and

 

f.  If applicable, “I share legal custody of the applicant, and I have notified the other parent or guardian with legal custody of the applicant in advance of submitting this application by having provided to the other parent or guardian a copy of the completed Application form and the completed Written Certification forms.”;

 

(7)  Signed and dated attestation(s) of the following acknowledgements:

 

a.  “I understand that Registry ID Cards are valid for one year, unless a shorter or longer duration is indicated by the patient’s medical provider. Cards must be renewed or extended prior to their expiration in order to prevent a lapse in registration.”;

 

b.  “I understand that if I am notified of a denial or a revocation I have 30 days from the date of the notice to appeal the decision, and that if a request for an appeal is not made within that timeframe then I will have waived my right to an appeal and the action of the Department shall become final.”;

 

c.  “I understand that I may not possess, between myself and my Qualifying Patient(s), more than 2 ounces of cannabis per Qualifying Patient, or obtain more than 2 ounces of cannabis in any 10-day period from any source per Qualifying Patient.”;

 

d.  “I understand that as a Designated Caregiver I am not permitted to use cannabis, unless I am also a Qualifying Patient, and may be subject to criminal penalties if I do so.”;

 

e.  “I understand that my Qualifying Patient may only use cannabis for the purpose of treating or alleviating their qualifying medical condition.”;

 

f.  “I understand that as a Designated Caregiver I am not permitted to possess any cannabis for purposes other than its therapeutic use as permitted by RSA 126-X.”;

 

g.  “I understand that my Qualifying Patient may not be under the influence of cannabis: (1) while operating a motor vehicle, commercial vehicle, boat, vessel, or any other vehicle propelled or drawn by power other than muscular power; (2) in their place of employment, without the written permission of the employer; or (3) while operating heavy machinery or handling a dangerous instrumentality.”;

 

h.  “I understand that my Qualifying Patient may not smoke or vaporize cannabis in any public place, including a public bus or other public vehicle, or any public park, public beach, or public field.”;

 

i.  “I understand that my Qualifying Patient and I may not be in possession of cannabis in any of the following locations: (1) the building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; (2) a place of employment, without the written permission of the employer; (3) any correctional facility; (4) any public recreation center or youth center; or (5) any law enforcement facility.”;

 

j.  “I understand that my Qualifying Patient may use cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property.”;

 

k.  “I understand that in the event of my Qualifying Patient’s death, I will, within 5 days of the death: (1) notify the Program of the death; and (2) either request that the local law enforcement agency remove any remaining cannabis or dispose of the remaining cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

 

l.  “I understand that if my Qualifying Patient or I am found to be in possession of cannabis outside of our home and we are not in possession of a Registry ID Card, we may be subject to a fine of up to $100.”;

 

m.  “I understand that any person(s) who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement official or for the use of cannabis other than use undertaken pursuant to this RSA 126-X.”;

 

n.  “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within NH.”;

 

o.  “I understand that my Qualifying Patient and I must be in compliance with RSA 126-X and with the administrative rules adopted thereunder, and that the Department may revoke a Registry ID Card for any violation of any provision of RSA 126-X or the rules adopted thereunder.”; and

 

p.  “I understand that I, by possessing cannabis, and my Qualifying Patient, by using cannabis, may be denied rights and privileges by federal agencies including, but not limited to, those related to employment such as driving a commercial vehicle, those related to owning, possessing, or purchasing a firearm and ammunition, those related to federally subsidized housing, those related to immigration and naturalization, or the inability to pass a security clearance.”;

 

(8)  A signed and dated attestation that the applicant has not been convicted of a felony offense in New Hampshire or in any other state, and agreement to notify the department if convicted of a felony offense subsequent to being issued a registry ID card;

 

(9)  Signed and dated certification(s) that:

 

a.  The minor applicant is a resident of New Hampshire;

 

b.  The facts as stated in the application are accurate to the best of the designated caregiver applicant’s knowledge and belief; and

 

c.  The designated caregiver applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3;

 

(10)  A signed and dated pledge not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis; and

 

(11)  Voluntary demographic information, as follows:

 

a.  For the minor applicant, race and ethnicity; and

 

b.  For the designated caregiver applicant(s):

 

1.  Race and ethnicity;

 

2.  Veteran status;

 

3.  Employment and income;

 

4.  Public assistance;

 

5.  Education;

 

6.  Health insurance;

 

7.  Marital status; and

 

8.  Language proficiency.

 

          (d)  In cases where parents share legal custody of a minor applicant, and both parents are not listed on the application, the parent submitting an application shall notify the other parent with legal custody of the minor applicant in advance of submitting the application to the department by providing to the other parent a copy of the completed application and the completed written certifications.

 

          (e)  In addition to the application described in (c) above, the following shall also be submitted:

 

(1)  Two written certifications, described in He-C 401.07, from 2 different providers, one of whom shall be a pediatrician;

 

(2)  Proof of NH residency, as described in He-C 401.04(b)(3), for either the minor applicant or one of the designated caregiver applicants;

 

(3)  A fee in accordance with He-C 401.14(b)(2); and

 

(4)  In cases where a minor applicant’s legal guardian is not a custodial parent, the legal guardian shall submit with the application proof of legal guardianship.

 

          (f)  The documents in (c) and (e) above shall be submitted to:

 

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH  03301

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); #13567, eff 5-1-23

 

          He-C 401.09  Initial Application Requirements for Adult Patients with Guardians.

 

          (a)  The patient applicant’s legal guardian who is responsible for the health care decisions of the patient applicant shall complete and submit the “Guardianship Patient Application” form described in (c) below.

 

          (b)  The “Guardianship Patient Application” form shall be a combined application for both the patient applicant and the designated caregiver applicant(s).

 

          (c)  The patient applicant’s legal guardian shall include the following on the “Guardianship Patient Application” form:

 

(1)  Indication whether it is an initial or renewal application;

 

(2)  The following patient applicant information:

 

a.  Full name;

 

b.  Date of birth;

 

c.  Gender;

 

d.  Optional telephone number;

 

e.  Mailing address; and

 

f.  Physical address, if different than mailing address, except that if the patient applicant is experiencing homelessness this shall not be required;

 

(3)  The following information about the designated caregiver applicant(s):

 

a.  Full name;

 

b.  Date of birth;

 

c.  Gender;

 

d.  Phone number;

 

e.  Mailing address, if different than the patient applicant; and

 

f.  Physical address, if different than the patient applicant;

 

(4)  The following information about the patient applicant’s certifying provider:

 

a.  First and last name;

 

b.  Business address; and

 

c.  Telephone number;

 

(5)  A signed and dated release authorizing the release of relevant medical information by the certifying provider to the department if further information about the patient applicant’s qualifying medical condition or written certification is required by the department;

 

(6)  Signed and dated attestation(s) of the following acknowledgements:

 

a.  “I understand that Registry ID Cards are valid for one year, unless a shorter or longer duration is indicated by the patient’s medical provider. Cards must be renewed or extended prior to their expiration in order to prevent a lapse in registration.”;

 

b.  “I understand that if I am notified of a denial or a revocation I have 30 days from the date of the notice to appeal the decision, and that if an appeal request is not made within that timeframe then I will have waived my right to an appeal and the action of the Department shall become final.”;

 

c.  “I understand that I may not possess, between myself and my Qualifying Patient(s), more than 2 ounces of cannabis per Qualifying Patient, or obtain more than 2 ounces of cannabis in any 10-day period from any source per Qualifying Patient.”;

 

d.  “I understand that as a Designated Caregiver I am not permitted to use cannabis, unless I am also a Qualifying Patient, and may be subject to criminal penalties if I do so.”;

 

e.  “I understand that my Qualifying Patient may only use cannabis for the purpose of treating or alleviating their qualifying medical condition.”;

 

f.  “I understand that as a Designated Caregiver I am not permitted to possess any cannabis for purposes other than its therapeutic use as permitted by RSA 126-X.”;

 

g.  “I understand that my Qualifying Patient may not be under the influence of cannabis: (1) while operating a motor vehicle, commercial vehicle, boat, vessel, or any other vehicle propelled or drawn by power other than muscular power; (2) in their place of employment, without the written permission of the employer; or (3) while operating heavy machinery or handling a dangerous instrumentality.”;

 

h.  “I understand that my Qualifying Patient may not smoke or vaporize cannabis in any public place, including a public bus or other public vehicle, or any public park, public beach, or public field.”;

 

i.  “I understand that my Qualifying Patient and I may not be in possession of cannabis in any of the following locations: (1) the building and grounds of any preschool, elementary, or secondary school, which are located in an area designated as a drug free zone; (2) a place of employment, without the written permission of the employer; (3) any correctional facility; (4) any public recreation center or youth center; or (5) any law enforcement facility.”;

 

j.  “I understand that my Qualifying Patient may use cannabis on privately-owned real property only with written permission of the property owner or, in the case of leased property, with the permission of the tenant in possession of the property.”;

 

k.  “I understand that in the event of my Qualifying Patient’s death, I will, within 5 days of the death: (1) notify the Department of the death; and (2) either request that the local law enforcement agency remove any remaining cannabis or dispose of the remaining cannabis in a manner that is specified in RSA 126-X:2, XIV.”;

 

l.  “I understand that if my Qualifying Patient or I am found to be in possession of cannabis outside of our home and we are not in possession of a Registry ID Card, we may be subject to a fine of up to $100.”;

 

m. “I understand that any person(s) who makes a fraudulent representation to a law enforcement official of any fact or circumstance relating to the therapeutic use of cannabis to avoid arrest or prosecution shall be guilty of a violation and may be fined $500, which shall be in addition to any other penalties that may apply for making a false statement to a law enforcement official or for the use of cannabis other than use undertaken pursuant to this RSA 126-X.”;

 

n.  “I understand that the protections granted by RSA 126-X for the therapeutic use of cannabis apply only within New Hampshire.”;

 

o.  “I understand that my Qualifying Patient and I must be in compliance with RSA 126-X and with the administrative rules adopted thereunder, and that the Department may revoke a Registry ID Card for any violation of any provision of RSA 126-X or the rules adopted thereunder.”; and

 

p.  “I understand that I, by possessing cannabis, and my Qualifying Patient, by using cannabis, may be denied rights and privileges by federal agencies including, but not limited to, those related to employment such as driving a commercial vehicle, those related to owning, possessing, or purchasing a firearm and ammunition, those related to federally subsidized housing, those related to immigration and naturalization, or the inability to pass a security clearance.”;

 

(7)  A signed and dated attestation that the applicant has not been convicted of a felony offense in New Hampshire or in any other state, and agreement to notify the department if convicted of a felony offense subsequent to being issued a registry ID card;

 

(8)  Signed and dated certification(s) that:

 

a.  The patient applicant is a resident of New Hampshire;

 

b.  The facts as stated in the application are accurate to the best of the designated caregiver applicant’s knowledge and belief; and

 

c.  The designated caregiver applicant understands that any false statements made on the application are punishable as unsworn falsification under RSA 641:3;

 

(9)  Signed and dated pledge(s) not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to RSA 126-X, acknowledgement that diversion of cannabis shall result in revocation of their registry identification card, and acknowledgement that the sale of cannabis to anyone who is not a qualifying patient or a designated caregiver is punishable as a class B felony with a sentence of a maximum term of imprisonment of not more than 7 years, and a fine of not more than $300,000, or both, in addition to other penalties for the illegal sale of cannabis; and

 

(10)  Voluntary demographic information, as follows:

 

a.  Race and ethnicity;

 

b.  Veteran status;

 

c.  Employment and income;

 

d.  Public assistance;

 

e.  Education;

 

f.  Health insurance;

 

g.  Marital status; and

 

h.  Language proficiency.

 

          (d)  In cases where co-guardians share legal custody of an adult patient applicant, and both co-guardians are not listed on the application, the guardian submitting an application shall notify the other guardian with legal custody of the adult patient applicant in advance of submitting the application to the department by providing to the other guardian a copy of the completed application and the completed written certification.

 

          (e)  In addition to the application described in (c) above, the following shall also be submitted:

 

(1)  A written certification, described in He-C 401.07;

 

(2)  Proof of NH residency for the patient applicant, as described in He-C 401.04(b)(3), except that if this information is not available for the patient applicant, it shall be submitted for one of the designated caregiver applicants;

 

(3)  A fee in accordance with He-C 401.14(b)(5); and

 

(4)  Proof of legal guardianship for each designated caregiver applicant listed on the application.

 

          (f)  The documents in (c) and (e) above shall be submitted to:

 

NH Department of Health and Human Services

Therapeutic Cannabis Program

29 Hazen Drive

Concord, NH  03301

 

Source.  (See Revision Note #2 at part heading for He-C 401) #13220, eff 7-1-21; ss by #13567, eff 5-1-23

 

          He-C 401.10  Processing of Applications and Issuance of Registry Identification Cards.

 

          (a)  An application for initial approval as a qualifying patient or a designated caregiver shall be complete when the department determines that all information and supporting documentation required by He-C 401.04, He-C 401.05, He-C 401.06, He-C 401.08, or He-C 401.09 have been received.

 

          (b)  If an application does not contain all of the items required by He-C 401.04, He-C 401.05, He-C 401.06, He-C 401.08, or He-C 401.09 the department shall notify the applicant, and the applicant’s certifying provider in the case of a written certification, in writing within 10 days specifying any information or supporting documentation required to be submitted before the application can be processed.

 

          (c)  If after written notice in (b) above the applicant, or the applicant’s provider in the case of a written certification, fails to provide the missing information or supporting documentation, including payment of the required fee, within 30 days of such notice, the application shall be considered incomplete.

 

          (d)  If the missing information or supporting documentation, including payment of the required fee, is not received within 6 months of the notice, the application shall be considered closed, and that applicant may reapply by re-submitting all required application materials, including the required fee(s), anew.

 

          (e)  The department shall approve an applicant as a qualifying patient if the department determines that:

 

(1)  The applicant has submitted to the department a complete application and the required supporting documentation in accordance with He-C 401.04;

 

(2)  The applicant is a resident of New Hampshire;

 

(3) The applicant’s provider has completed a written certification that meets the requirements of He-C 401.07 and has certified that the applicant has a qualifying medical condition which meets the definition in He-C 401.02(j);

 

(4)  All information submitted is accurate;

 

(5)  No basis for denial, as established in He-C 401.12(a), exists;

 

(6)  In the case of a minor patient, all requirements in He-C 401.08 have been met; and

 

(7)  In the case of an adult patient with guardian(s), all requirements in He-C 401.09 have been met.

 

          (f)  The department shall approve an applicant as a designated caregiver if the department determines that:

 

(1)  The applicant has submitted to the department a complete application and required supporting documentation in accordance with He-C 401.05;

 

(2)  The applicant is at least 21 years old;

 

(3)  The qualifying patient(s) listed on the caregiver application has designated the caregiver applicant as the qualifying patient’s caregiver;

 

(4)  The number of qualifying patients listed on the caregiver application does not exceed 5, except that additional qualifying patients shall be allowed, up to a maximum of 9, if both the designated caregiver and the additional qualifying patients each live greater than 50 miles from the nearest ATC;

 

(5)  All information submitted is accurate; and

 

(6)  No basis for denial, as established in He-C 401.12(a), exists.

 

          (g)  Pursuant to RSA 126-X:4, III, the department shall act on a complete application, including all supporting documentation and the required fee, for either a qualifying patient or a designated caregiver within 15 calendar days of its receipt. This timeframe shall not apply to applications that are determined to be incomplete.

 

          (h)  Within 5 calendar days of the determination to approve an application for either a qualifying patient or a designated caregiver, the department shall issue to the applicant a registry identification card.

 

          (i)  The department shall send notice of the qualifying patient’s approval to the patient’s certifying provider, including:

 

(1)  The expiration date of the patient’s registry identification card; and

 

(2)  Information about providing recommendations or instructions to ATCs regarding the patient’s therapeutic use of cannabis, described in He-C 401.06(b)(11).

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.11  Registry Identification Card Expirations, Exceptions, and Procedures for Renewals.

 

          (a)  A registry identification card shall be valid on its effective date and expire one year later on the last day of the month it was issued unless a shorter or longer duration is established in accordance with (d) below.

 

          (b)  To renew a registry identification card and prevent a possible lapse in registration, each qualifying patient and designated caregiver shall complete and submit to the department application materials pursuant to He-C 401.04, He-C 401.05, He-C 401.08, or He-C 401.09 at least 30 days prior to the expiration of their current registry identification card, except that:

 

(1)  For qualifying patients who have not changed their mailing address or physical address, proof of NH residency required by He-C 401.04(b)(3) shall not be required; and

 

(2)  For qualifying patients who have guardians, guardianship documentation required by He-C 401.08(e)(4) and 401.09(e)(4) shall not be required, regardless of any lapse in registration, unless there has been a change in guardianship.

 

          (c)  Applications for renewal shall be processed and registry identification cards shall be issued in accordance with He-C 401.10.

 

          (d)  Exceptions to (a) above shall be as follows:

 

(1)  If the qualifying patient’s certifying provider indicates on the written certification that the certification should be valid for a shorter or longer duration, then the registry identification cards for the qualifying patient and the patient’s designated caregiver, if applicable, shall be valid for the shorter or longer duration indicated, not to exceed 3 years, subject to extension in accordance with He-C 401.06(h);

 

(2)  If the qualifying patient’s certifying provider rescinds or otherwise withdraws the patient’s written certification pursuant to He-C 401.06(f) and (g), the registry identification card shall become void upon notification by the department to the qualifying patient;

 

(3)  A designated caregiver’s registry identification card shall be deactivated upon notification by the department to the designated caregiver that all the qualifying patients for whom the individual is acting as designated caregiver either have lost their status as qualifying patients or have rescinded or otherwise ended the designation, subject to reactivation in accordance with He-C 401.13(k); and

 

(4)  If an applicant’s payment is returned for insufficient funds, and the applicant does not remit full payment in accordance with RSA 6:11-a within 10 days of the department’s written notice:

 

a.  The registry identification card shall be deactivated, subject to reactivation upon receipt of full payment within 6 months of the notice; and

 

b.  After 6 months, the case shall be considered closed, and that applicant may reapply by submitting all required application materials, including the required fees.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.12  Denial of an Application, Enforcement Actions, and Administrative Appeals.

 

          (a)  The department shall deny an initial or renewal application for a registry identification card if:

 

(1)  The applicant previously had a registry identification card revoked for violating the provisions of RSA 126-X or He-C 401;

 

(2)  The department determines that the information provided in the application or supporting material was misleading, false, or fraudulent;

 

(3)  The applicant previously had a registry identification card denied for providing in the application or supporting material information that was determined to be misleading, false, or fraudulent;

 

(4)  The department determines that the information provided in the application or supporting documentation did not meet the requirements of RSA 126-X or He-C 401;

 

(5)  A minor applicant’s custodial parent or legal guardian is not approved to be a designated caregiver, except that if both parents are listed on the minor patient application as designated caregivers, and only one designated caregiver applicant is denied, the minor patient’s application to be a qualifying patient shall not be denied; or

 

(6)  A legal guardian of an adult applicant with a guardian is not approved to be a designated caregiver, except that if co-guardians are listed on the adult guardianship application as designated caregivers, and only one designated caregiver applicant is denied, the patient’s application to be a qualifying patient shall not be denied.

 

          (b)  The department shall revoke a qualifying patient or designated caregiver’s registry identification card for any of the following:

 

(1)  Violation of any provision of RSA 126-X or He-C 401;

 

(2)  Submission of misleading, false, or fraudulent information in the application or supporting documentation;

 

(3)  Fraudulent use of a registry identification card;

 

(4)  Selling, distributing, or giving cannabis to any unauthorized person;

 

(5)  Tampering, falsifying, altering, modifying, duplicating, or allowing another person to use, tamper, falsify, alter, modify, or duplicate a registry identification card;

 

(6)  A designated caregiver has been convicted of a felony in this or any other state;

 

(7)  A qualifying patient or designated caregiver is an inmate at a correctional facility;

 

(8)  A qualifying patient is no longer a resident of New Hampshire;

 

(9)  A qualifying patient or designated caregiver obtained more than 2 ounces of cannabis from any alternative treatment center in any 10-day period, in violation of RSA 126-X:8, XIII(b), if:

 

a.  The individual has been in violation more than 2 times in any 12-month period;

 

b.  The individual has been issued written notice of each violation by the department and been given opportunity to respond in writing within 10 calendar days of the date of the notice; and

 

c.  After the department reviews the response and any evidence submitted, does not void the violation via written notice to the individual;

 

(10)  A qualifying patient used cannabis in a manner that puts others at risk of their health, safety, or welfare, or has failed to take reasonable precautions to avoid putting others at such risk; and

 

(11)  A qualifying patient or designated caregiver produces cannabis concentrate using an extraction method that is prohibited by He-C 401.18.

 

          (c)  The department shall deny the extension of a written certification if any of the requirements for requesting an extension in He-C 401.06(h)-(i) are not met.

 

          (d)  At the time of denying an application for a registry identification card, revoking a registry identification card, or denying an extension of a written certification, the department shall send to the applicant or cardholder written notice that sets forth:

 

(1)  The action to be taken by the department;

 

(2)  The reason(s) for the action; and

 

(3)  The right of an applicant or cardholder to a hearing in accordance with He-C 200 before the enforcement action becomes final.

 

          (e)  An applicant or cardholder shall have 30 days from the date of the notice of the enforcement action to request a hearing to contest the action.

 

          (f)  If a request for a hearing is not made pursuant to (e) above, the applicant or cardholder shall be deemed to have waived their right to a hearing.

 

          (g)  Hearings under this section shall be conducted in accordance with He-C 200.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.13  Requirements for Notifications.

 

          (a)  A qualifying patient shall notify the department in writing of any of the following:

 

(1)  A change to the qualifying patient’s name or address, within 10 days of such change;

 

(2)  The designation of a caregiver if the patient has not already done so on an initial or renewal application, the removal of a designated caregiver, or both; or

 

(3)  A registry identification card has been lost, stolen, or destroyed, within 10 days of the discovery of the loss, theft, or destruction.

 

          (b)  A designated caregiver shall notify the department in writing of any of the following:

 

(1)  A change to the designated caregiver’s name or address, within 10 days of such change;

 

(2)  A change to the designated caregiver’s qualifying patient(s);

 

(3)  A registry identification card has been lost, stolen, or destroyed, within 10 days of the discovery of the loss, theft, or destruction; or

 

(4)  Immediately upon being convicted of a felony in this or any other state.

 

          (c)  The notifications in (a)(1), (3), and (4) and (b)(1) and (3) above may be on a “Change of Information / Lost Card” form, which shall include the following information:

 

(1)  Name, date of birth, and phone number;

 

(2)  Registry identification card number, if known;

 

(3)  For a name or address change, the new name, address, or both; and

 

(4)  For a replacement registry identification card, indication that a registry identification card has been lost, stolen, or destroyed, and the submission of the required fee pursuant to He-C 401.14(b)(4).

 

          (d)  The notifications in (a)(2) and (b)(2) above may be on a “Caregiver Designation / Removal” form, which shall include the following information, as applicable:

 

(1)  To be completed by the qualifying patient:

 

a.  The qualifying patient’s name, date of birth, and registry identification card number;

 

b.  The name of the person(s) being designated, removed, or both, as the qualifying patient’s designated caregiver; and

 

c.  The qualifying patient’s dated signature; and

 

(2)  To be completed by the designated caregiver:

 

a.  The designated caregiver’s name and date of birth;

 

b.  Acceptance of the designation to act as a caregiver for the qualifying patient listed in (1)a. above;

 

c.  Indication that the caregiver is either:

 

1.  Currently a designated caregiver, and the current registry identification card number; or

 

2.  Not currently a designated caregiver, and that the individual understand that a separate and complete caregiver application must be submitted to the department;

 

d.  Indication that the designated caregiver shall no longer serve as designated caregiver for the qualifying patient listed on the form; and

 

e.  The designated caregiver’s dated signature.

 

          (e)  If a qualifying patient’s certifying provider provides written notice to the department pursuant to He-C 401.06(f) and (g) to rescind or otherwise withdraw a written certification which the provider previously issued, the qualifying patient’s:

 

(1)  Application shall be considered incomplete if the registry identification card has not yet been issued, and the applicant shall be issued a refund of the application fee; or

 

(2)  Registry identification card shall become void upon notification by the department to the qualifying patient.

 

          (f)  Upon learning of the death of a qualifying patient, a surviving family member, caretaker, executor, or the qualifying patient’s designated caregiver shall:

 

(1)  Notify the department that the qualifying patient has died, within 5 days of the death; and

 

(2)  Within 5 days of the death, dispose of any remaining cannabis by either:

 

a.  Requesting a local law enforcement agency to remove the remaining cannabis; or

 

b.  Mixing the remaining cannabis with other ingredients such as soil to render it unusable.

 

          (g)  As applicable, the department shall notify a qualifying patient or designated caregiver of any changes described in (a) through (f) above regarding their designated caregiver or qualifying patient, respectively.

 

          (h)  A new registry identification card shall be issued within 20 days for any change to a qualifying patient’s or designated caregiver’s name or address. 

 

          (i)  If a qualifying patient or designated caregiver loses their registry identification card, whether due to loss, theft, or destruction:

 

(1)  They shall notify the department in writing within 10 days of losing the card;

 

(2)  They shall submit payment of a fee pursuant to RSA 126-X:4, IX(f), and He-C 401.14(b)(4) if they want a replacement card; and

 

(3)  Within 5 days of such notification and payment, the department shall issue a new registry identification card.

 

          (j)  A designated caregiver’s registry identification card shall become void upon notification by the department to the designated caregiver that all the qualifying patients for whom the individual is acting as designated caregiver either have lost their status as qualifying patients or have rescinded or otherwise ended the designation.

 

          (k)  A voided registry identification card in (j) above shall be reactivated if a new qualifying patient designates the caregiver, and the designated caregiver accepts that designation, within the designated caregiver’s current registration period.

 

          (l)  A registry identification card that is outdated, has expired, has been voided, except in the case of (j) above, or has been revoked shall be destroyed by the cardholder.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; amd by #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.14  Schedule and Payment of Fees.

 

          (a)  All fees required by this section shall be paid as follows:

 

(1)  By check or money order for the exact amount of the fee or fine made payable to “Treasurer – State of New Hampshire”;

 

(2)  A money order or certified check shall be required when payment has been made to the department by check, and such check was returned for insufficient funds; and

 

(3)  Any payment submitted to the department in the form of a check or money order and returned to the state for any reason shall be processed in accordance with RSA 6:11-a.

 

          (b)  The department shall charge the following fee amounts:

 

(1)  For a qualifying patient’s initial and renewal application, as required by He-C 401.04(b)(2), the fee shall be $50;

 

(2)  For an initial or renewal application for a minor patient, as required by He-C 401.08(e)(3), the fee shall be $50, even if there are 2 designated caregiver applicants;

 

(3)  For an initial or renewal application for a guardianship patient, as required by He-C 401.09(e)(3), the fee shall be $50, even if there are 2 designated caregiver applicants; and

 

(4)  For issuance of a replacement registry identification card due to loss, theft, or destruction, pursuant to He-C 401.13(i), the fee shall be $10.

 

(c)  There shall be no fee for an application to become a designated caregiver.

 

(d)  In the case of (b)(2) and (b)(3) above, there shall be no additional fee if the second designated caregiver is added after the patient has been approved and been issued a registry identification card.

 

(e)  All fees shall be non-refundable.

 

          (f)  Notwithstanding (e) above, the department shall issue a refund of an application fee if:

 

(1)  Informed that the patient applicant has died before the registry identification card has been issued; or

 

(2)  A written certification is withdrawn by the certifying provider in accordance with He-C 401.13(e) before the registry identification card has been issued.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

 

          He-C 401.15  Confidentiality.

 

          (a)  The department shall maintain the confidentiality of all information about applicants, qualifying patients, designated caregivers, certifying providers, and ATCs that is contained in the department’s registry, as provided by RSA 126-X, He-C 400, and the Health Insurance Portability and Accountability Act (HIPAA) at 45 CFR 160, 162 and 164, as applicable.

 

          (b)  Notwithstanding (a) above, information in (a) above shall be used and disclosed by the department to:

 

(1)  Authorized employees of the department in the course of their official duties;

 

(2)  An individual or entity pursuant to an order from a court of competent jurisdiction;

 

(3)  Law enforcement personnel in accordance with RSA 126-X:4, XI(b)(1)-(3), but such information shall be limited to:

 

a.  The location associated with a qualifying patient, designated caregiver, or ATC; and

 

b.  Whether a person is a qualifying patient or a designated caregiver;

 

(4)  Law enforcement personnel in accordance with RSA 126-X:4, XI(b)(5), regarding information related to falsified or fraudulent information submitted to the department where counsel has made a legal determination that there is reason to believe the information is false or falsified;

 

(5)  The NH board of medicine, the NH board of nursing, or the appropriate regulatory entity in Maine, Massachusetts, or Vermont, pursuant to RSA 126-X:4, VII(c), and RSA 126-X:2, VIII, but such information shall be related to the conveyance of concerns regarding provider conduct;

 

(6)  The health and human services oversight committee established under RSA 126-X:13, to the NH board of medicine, and the NH board of nursing in the department’s annual data report required by RSA 126-X:10, except that only deidentified, aggregate data required by RSA 126-X:10, IV, shall be released;

 

(7)  To a qualifying patient, a qualifying patient’s certifying provider, or a qualifying patient’s designated caregiver for the purposes of carrying out these rules;

 

(8)  To an individual or entity pursuant to a release signed by the qualifying patient, designated caregiver, certifying provider, or authorized ATC agent; and

 

(9)  Individuals or entities for the purposes of public health, health care operations, or research if such release is consistent with all applicable HIPAA standards, pursuant to RSA 126-X:10, VI.

 

          (c)  In order for information to be disclosed to law enforcement personnel in accordance with (b)(3) above, the following shall have occurred:

 

(1)  Local or state law enforcement personnel shall have detained or arrested an individual who claims to be engaged in the therapeutic use of cannabis;

 

(2)  A local or state law enforcement officer shall have submitted a sworn affidavit to the department affirming that they have probable cause to believe cannabis is possessed at a specific address; or

 

(3)  A local or state law enforcement officer shall have submitted a sworn affidavit to the department affirming that they have probable cause to believe a specific individual possesses cannabis, and has also provided the person’s name and address or name and date of birth.

 

          (d)  The department shall maintain the confidentiality of all criminal history records information it has received.

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23

 

          He-C 401.16  Visiting Qualifying Patients.

 

          (a)  For a visiting qualifying patient, “provider” means, pursuant to RSA 126-X:1, VII(b), “an individual licensed to prescribe drugs to humans in the state of the patient’s residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.”

 

          (b)  Pursuant to RSA 126-X:2, V, a valid registry identification card, or its equivalent, that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, a visiting qualifying patient to possess cannabis for therapeutic purposes, shall have the same force and effect and be subject to the same restrictions as a valid registry identification card issued by the department in this state, provided that:

 

(1)  A visiting qualifying patient shall not purchase cannabis at an alternative treatment center more than 3 times in a 12-month period, unless the visiting qualifying patient produces a statement from his or her health care provider stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-X:1; and

 

(2)  A visiting qualifying patient shall not cultivate cannabis in New Hampshire or obtain or purchase cannabis from a New Hampshire qualifying patient or designated caregiver.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401): ss by #13673-A, eff 6-26-23

 

          He-C 401.17  Waivers.

 

          (a)  An individual seeking waivers of specific rules in He-C 401 shall submit a written request for a waiver to the department that includes:

 

(1)  The specific reference to the rule for which a waiver is being sought;

 

(2)  A full explanation of why a waiver is necessary;

 

(3)  A full explanation of alternatives proposed, which shall be equally as protective of public and patient health and safety as the rule from which a waiver is sought; and

 

(4)  The period of time for which the waiver is sought.

 

          (b)  Waivers shall not exceed 12 months, or the current registry identification card expiration date.

 

          (c)  A request for waiver shall be granted if the department determines that the alternative proposed by the applicant or licensee:

 

(1)  Meets the objective or intent of the rule for which the waiver is sought; and

 

(2)  Does not negatively impact the health or safety of any qualifying patient or the public.

 

          (d)  The individual’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

 

          (e)  No provision or procedure prescribed by statute shall be waived.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

 

          He-C 401.18  Production of Cannabis-Infused Products.  A qualifying patient or designated caregiver may produce cannabis concentrate only through either a food or water-based extraction method. All other extraction methods shall be prohibited.

 

Source.  (See Revision Note #1 at part heading for He-C 401) #10964, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401)

 

PART He-C 402  ALTERNATIVE TREATMENT CENTERS

 

          He-C 402.01  Purpose.  The purpose of this part is to set forth the registration requirements for alternative treatment centers (ATCs) pursuant to RSA 126-X.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.02  Scope.  This part shall relate to the application, registration, and operation of ATCs and related matters pursuant to RSA 126-X.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.03  Definitions.

 

          (a)  “Administrative remedy” means an action imposed upon an ATC in response to an area of noncompliance.

 

          (b)  “Administrator” means the individual appointed by the ATC to be responsible for all aspects of the daily operation of the registered premises.

 

          (c)  “Advertising” means all representations disseminated in any manner or by any means, other than by labeling or as allowed in He-C 402.23, for the purpose of inducing, directly or indirectly, the purchase of cannabis or cannabis-infused products (CIP).

 

          (d)  “Alternative treatment center (ATC)” means “alternative treatment center” as defined in RSA 126-X:1, I, namely, “a not-for-profit entity registered under RSA 126-X:7 that acquires, possesses, cultivates, manufactures, delivers, transfers, transports, sells, supplies, and dispenses cannabis, and related supplies and educational materials, to qualifying patients, designated caregivers, other alternative treatment centers, and visiting qualifying patients.” For the purpose of this definition, “not-for-profit” means a corporation that is registered with the NH secretary of state under RSA 292 and is a charitable trust pursuant to RSA 7:19 et seq for the benefit of qualifying patients.

 

          (e)  “Applicant” means a not-for-profit corporation seeking a registration to operate an ATC pursuant to RSA 126-X.

 

          (f)  “Area of noncompliance” means any action, failure to act, or other set of circumstances that causes an ATC to be out of compliance with RSA 126-X, He-C 402, or other state law or local ordinance.

 

          (g)  “ATC agent (agent)” means “alternative treatment center agent” as defined in RSA 126-X:1, II, namely, “a principal officer, board member, employee, manager, or volunteer of an alternative treatment center who is 21 years of age or older and has not been convicted of a felony or any felony drug-related offense.” This term includes executive employees and corporate officers.

 

          (h)  “ATC technician” means an employee of the ATC who has been trained to dispense cannabis to qualifying patients and their designated caregivers.

 

          (i)  “Batch number” means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned to a specific harvest batch of cannabis or a specific batch of cannabis concentrate.

 

          (j)  “Cannabinoid profile” means the concentration, measured in percent by weight or volume, of tetrahydrocannabinol (THC), tetrahydrocannabinolic acid (THCA), tetrahydrocannabivarian (THCV), cannabichromene (CBC), cannabidiol (CBD), cannabidiolic acid (CBDA), cannabidivarin (CBDV), cannabigerol (CBG), and cannabinol (CBN) contained in the cannabis sample to be tested or saleable cannabis product.

 

          (k)  “Cannabis” means “cannabis” as defined in RSA 126-X:1, III, namely, “all parts of any plant of the Cannabis genus of plants, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, salt, derivative, mixture, or preparation of such plant, its seeds, or resin.  Such term shall not include the mature stalks of such plants, fiber produced from such stalks, oil, or cake made from the seeds of such plants, any other compound, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seeds of such plants which are incapable of germination. In this chapter, cannabis shall not include hemp grown, processed, marketed or sold under RSA 439-A.”

 

          (l)  “Cannabis concentrate” means any form of cannabinoid extracted from usable cannabis plant material using an extraction method, such as water, food, carbon dioxide, alcohol, or other chemical solvent as allowed by He-C 402.16(j)(1)c.

 

          (m)  “Cannabis-infused product (CIP)” means a product infused with cannabis that is intended for use or consumption, other than by smoking, including but not limited to edible or drinkable products, topicals, aerosols, oils, tinctures, and cannabis concentrate products prepared for dispensing. These products, when created or sold by an ATC, shall not be considered a food or a drug.

 

          (n)  “Cannabis waste” means:

 

(1)  Any unusable cannabis, limited to the seeds, stems, and branches of the cannabis plant;

 

(2)  Any usable, or previously or potentially usable, cannabis, cannabis concentrate, or CIP that is discarded, found to contain contaminants, or is otherwise recalled; and

 

(3)  Any usable cannabis or CIP that is returned to the ATC for whatever reason.

 

          (o)  “Child-resistant” means packaging that is:

 

(1)  Designed or constructed to be significantly difficult for children under 5 years of age to open and not difficult for adults to use properly;

 

(2)  Opaque so that the product cannot be seen from outside the packaging; and

 

(3)  Closable for any product intended for more than a single use or containing multiple servings.

 

          (p)  “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

 

          (q)  “Compliance monitoring” means an on-site inspection of the registered premises by the department to monitor compliance with RSA 126-X or He-C 402, investigate a complaint, or verify the implementation of a plan of correction which addresses an area of noncompliance.

 

          (r)  “Contaminant” means mold, fungus, bacterial diseases, rot, pests, non-organic pesticides, mildew, mycotoxins, heavy metals, and any chemical listed in He-C 402.34, Table 402.3.

 

          (s)  “Cultivation” means a method or process of growing cannabis regardless of whether the growing medium is soil, soil-based, hydroponic, aeroponic, aquaponic, or other method.

 

          (t)  “Cultivation location’’ means a locked, indoor, and enclosed site under the control of an ATC where cannabis is cultivated and processed, and which is secured with one or more locks or other security devices in accordance with RSA 126-X and He-C 402.24, and which can be at a separate location from the dispensary location of the ATC.

 

          (u)  “Days” means calendar days unless otherwise specified in the rule.

 

          (v)  “Department” means the New Hampshire department of health and human services.

 

          (w)  “Designated caregiver’’ means “designated caregiver” as defined in RSA 126-X:1, VI, namely, “an individual who:

 

(1)  Is at least 21 years of age;

 

(2)  Has agreed to assist with one or more (not to exceed 5) qualifying patient’s therapeutic use of cannabis, except if the qualifying patient and designated caregiver each live greater than 50 miles from the nearest ATC, in which case the designated caregiver may assist with the therapeutic use of cannabis for up to 9 qualifying patients;

 

(3)  Has never been convicted of a felony or any felony drug-related offense; and

 

(4)  Possesses a valid registry identification card issued pursuant to RSA 126-X:4.”

 

This term includes “caregiver.”

 

          (x)  “Directed plan of correction” means a plan developed and written by the department that specifies the actions the ATC shall take to correct identified areas of noncompliance.

 

          (y)  “Dispense” means to distribute, give away, or sell one or more doses of cannabis or CIP to a qualifying patient, designated caregiver, or visiting qualifying patient, to be administered or taken at a different location than the ATC.

 

          (z)  “Dispensing error” means an error related to the dispensing of cannabis including, but not limited to, dispensing a quantity of cannabis that exceeds the amount allowed to be obtained in a 10-day period, dispensing cannabis to a person who is not authorized to obtain cannabis in accordance with RSA 126-X, dispensing cannabis to the wrong qualifying patient or designated caregiver, or dispensing cannabis that is mislabeled.

 

          (aa)  “Diversion” means the obtaining or transferring of cannabis from a legal possession or use to an illegal use or to a person not authorized to use or obtain cannabis under RSA 126-X or He-C 401 or 402.

 

          (ab)  “Duress alarm” means a silent security alarm system signal generated by the entry of a designated code into an arming station in order to signal that the alarm user is being forced to turn off the system.

 

          (ac)  “Emergency plan” means a document outlining the responsibilities of ATC personnel in an emergency.

 

          (ad)  “Executive employee” means an individual who is responsible for the oversight or business management of the operations of the ATC, such as the chief executive officer (CEO) or executive director (ED), chief operations officer (COO) or director of operations, chief financial officer (CFO) or director of finance, administrator, director of human resources, chief medical officer, chief security officer, director of production or cultivation, director of retail or dispensing, and any other individual responsible for the oversight or business management of one or more of the ATC operations or primary functions.

 

          (ae)  “Geographic area” means an area of the state of New Hampshire designated for use in the request for application process to encourage the geographic separation of ATCs throughout the state, but which does not limit in any way the choice of a qualifying patient to register with any ATC, and includes:

 

(1)  “Geographic area 1” means Belknap, Rockingham, and Strafford counties;

 

(2)  “Geographic area 2” means Hillsborough and Merrimack counties;

 

(3)  “Geographic area 3” means Cheshire and Sullivan counties, and the town of Hanover and the city of Lebanon in Grafton County; and

 

(4)  “Geographic area 4” means Carroll, Coos, and Grafton counties, not including the town of Hanover and the city of Lebanon in Grafton County.

 

          (af)  “Harvest batch” means a specifically identified quantity of processed cannabis, every portion or package of which is uniform in strain, cultivated using the same herbicides, pesticides, and fungicides, and harvested at the same time.

 

          (ag)  “Holdup alarm” means a silent alarm signal generated by the manual activation of a device intended to signal a robbery in progress.

 

          (ah)  “Inspection” means the process followed by the department to determine an applicant’s or an ATC’s compliance with RSA 126-X and He-C 402 or to respond to allegations of noncompliance with RSA 126-X or He-C 402.

 

          (ai)  “Known allergen” means milk, egg, fish, crustacean shellfish, tree nuts, wheat, peanuts, and soybeans.

 

          (aj)  “Limited access area” means a building, room, or other contiguous area of the registered premises where cannabis or CIP is grown, cultivated, stored, packaged, processed for sale, or disposed, where controls of such cultivation functions can be accessed, where security system equipment and recordings are located, where servers containing qualifying patient and inventory data are located, and where access is limited to authorized personnel to enhance security.

 

          (ak)  “Minor” means an individual who is under 18 years of age.

 

          (al)  “Panic alarm” means an audible security alarm system signal generated by the manual activation of a device intended to signal a life threatening or emergency situation requiring a law enforcement response.

 

          (am)  “Paraphernalia” means accessories, devices, and other equipment, such as smoking pipes or vaporizers, that facilitate the therapeutic use of cannabis. This term includes “cannabis-related supplies.”

 

          (an)  “Plan of correction (POC)” means a plan developed and written by the ATC, which specifies the actions that will be taken to correct identified areas of noncompliance.

 

          (ao)  “Procedure” means an ATC’s written, standardized method of performing duties and providing services.

 

          (ap)  “Provider” means “provider” as defined in RSA 126-X:1 VII(a)-(b), namely:

 

(1)  A physician licensed to prescribe drugs to humans under RSA 329 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

 

(2)  An advanced practice registered nurse licensed pursuant to RSA 326-B:18 and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances;

 

(3)  A physician or advanced practice registered nurse licensed to prescribe drugs to humans under the relevant state licensing laws in Maine, Massachusetts, or Vermont and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances and who is primarily responsible for the patient’s care related to his or her qualifying medical condition; or

 

(4)  A physician assistant licensed pursuant to RSA 328-D and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances, with the express consent of the supervising physician.

 

(5)  For a visiting qualifying patient, “provider” means an individual licensed to prescribe drugs to humans in the state of the patient’s residence and who possesses an active registration from the United States Drug Enforcement Administration to prescribe controlled substances.”

 

          (aq)  “Qualifying medical condition” means “qualifying medical condition” as defined in RSA 126-X:1, IX.

 

          (ar)  “Qualifying patient” means “qualifying patient” as defined in RSA 126-X:1, X, namely “a resident of New Hampshire who has been diagnosed by a provider as having a qualifying medical condition and who possesses a valid registry identification card issued pursuant to RSA 126-X:4.” This term includes “patient.”

 

          (as)  “Registered premises” means the building(s), or portion thereof, that comprises the physical location(s) that the department has approved for the registered ATC to conduct operations in accordance with its registration to include the cultivation, processing, storage, and dispensing of cannabis, CIP, and the sale or provision of paraphernalia, cannabis-related supplies, and educational material.

 

          (at)  “Registration certificate” means the document issued to an applicant or registrant at the start of operation as an ATC, and annually thereafter, which authorizes operation in accordance with RSA 126-X and He-C 402, and includes the name of the ATC, the name of the business, the physical address of the dispensary location or the town or city of the cultivation location, the effective dates, the name of the ATC administrator, the registration number, and any waivers granted.

 

          (au)  “Registry identification card” means “registry identification card” as defined in RSA 126-X:1, XI, namely, “a document indicating the date issued, effective date, and expiration date by the department pursuant to RSA 126-X:4 that identifies an individual as a qualifying patient or a designated caregiver.” This term includes “registry ID card” used on department forms.

 

          (av)  “Reportable incident” means:

 

(1)  Confidential information accessed or disclosed in violation RSA 126-X or He-C 402;

 

(2)  Loss of or discrepancies in cannabis inventory including but not limited to theft or diversion;

 

(3)  Unauthorized intrusion or entry into the registered premises;

 

(4)  When there is reason to believe there is a violation of RSA 126-X or department rules by an ATC or its agents;

 

(5)  Alarm activation requiring a response by public safety personnel;

 

(6)  Failure of the security alarm system for a period greater than 8 hours;

 

(7)  Any accident occurring during transport of cannabis or CIP;

 

(8)  Dispensing errors;

 

(9)  When a batch of cannabis flower or CIP is recalled or destroyed;

 

(10)  When there is a power or internet outage which causes the ATC to be non-operational; or

 

(11)  Any operationally related contact or encounter with a law enforcement officer at the registered premises, whether inside or outside, or when transporting cannabis.

 

          (aw)  “Seedling” means “seedling” as defined in RSA 126-X:1, XII, namely, “a cannabis plant that has no flowers and is less than 12 inches in height and less than 12 inches in diameter.”

 

          (ax)  “Statement of findings” means a document issued by the department following an inspection or investigation identifying areas in which the ATC is not in compliance with He-C 402 or RSA 126-X and which sets forth the evidence that supports the findings of noncompliance.

 

          (ay)  “Therapeutic use” means “therapeutic use” as defined in RSA 126-X:1, XIII, namely, “the acquisition, possession, cultivation, preparation, use, delivery, transfer, or transportation of cannabis or paraphernalia relating to the administration of cannabis to treat or alleviate a qualifying patient’s qualifying medical condition or symptoms or results of treatment associated with the qualifying patient’s qualifying medical condition.  It shall not include:

 

(1)  The use of cannabis by a designated caregiver who is not a qualifying patient; or

 

(2)  Cultivation or purchase by a visiting qualifying patient from a qualifying patient or designated caregiver; or

 

(3)  Cultivation by a designated caregiver or qualifying patient.”

 

          (az)  “Unusable cannabis” means “unusable cannabis” as defined in RSA 126-X:1, XIV, namely, “any cannabis, other than usable cannabis, including the seeds, stalks, and roots of the plant.”

 

          (ba)  “Usable cannabis” means “usable cannabis” as defined in RSA 126-X:1, XV, namely, “the dried leaves and flowers of the cannabis plant and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant and does not include the weight of any non-cannabis ingredients combined with cannabis and prepared for consumption as food or drink.”

 

          (bb)  “Use in adolescence” means “use in adolescence” as defined in RSA 126-X:XV-a, namely, “the therapeutic use of cannabis by any person whose age is within the generally accepted medical and psychiatric definition of an adolescent as ranging in age from 12-25 years old, as well as by individuals younger in age.”

 

          (bc)  “Visiting qualifying patient” means “visiting qualifying patient” as defined in RSA 126-X:1, XVI, namely, “a person who is not a resident of New Hampshire, or who has been a resident of New Hampshire for fewer than 90 days, who has been issued a valid registry identification card, or its equivalent, under the laws of another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes.”

 

          (bd)  “Written certification” means “written certification” as defined in RSA 126-X:1, XVII, namely, “documentation of a qualifying medical condition by a provider pursuant to rules adopted by the department pursuant to RSA 541-A for the purpose of issuing registry identification cards, after having completed a full assessment of the patient’s medical history and current medical condition made in the course of a provider-patient relationship.”

 

Source.  #10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.04  Fees.

 

          (a)  Each ATC shall be assessed a fee for its allocated portion of the expenses of the program, as follows:

 

(1)  The department shall determine actual program expenses for the previous state fiscal year (SFY);

 

(2)  The department shall determine the actual allocation of program expenses based on each ATC’s percentage of the total quantity of ounces of usable cannabis dispensed from the previous SFY;

 

(3)  The department shall determine the prior year adjustment for each ATC based on (1) and (2) above;

 

(4) The department shall determine projected program expenses for the next SFY, including expenses for personnel and other expenses related to the administration of the program, minus the projected revenue to be received as application fees from qualifying patients and designated caregivers;

 

(5) The department shall add to the projected program expenses in (4) above any remaining balance of program expenses from the prior SFY to determine the balance due to the department; and

 

(6)  The total balance due in (5) above shall be allocated among each of the 4 ATCs based on each ATC’s percentage of the total quantity of ounces of usable cannabis projected to be dispensed in the upcoming SFY and after applying the prior year adjustment for each ATC.

 

          (b)  Each ATC shall pay to the department the allocated amount in (a)(6) above within 30 days of the department’s notice stating the balance due.

 

          (c)  If a new ATC joins the program during a SFY, the department shall recalculate the allocation among all the ATCs for that SFY.

 

          (d)  All fees shall be non-refundable and non-transferable.

 

          (e)  All fees shall be made payable to the “Treasurer, State of New Hampshire.”

 

          (f)  Any fees submitted to the department in the form of a check or money order and returned to the state for any reason, shall be processed in accordance with RSA 6:11-a.

 

          (g)  Other fees for ATCs shall be as follows:

 

(1)  The request for application (RFA) submission fee shall be $3000;

 

(2) The RFA selection fee, which will be credited to the new ATC as part of the allocation described in (c) above, shall be $20,000;

 

(3)  For a change in name, the fee shall be $250;

 

(4)  For a change in administrator, the fee shall be $250; and

 

(5)  For a change in location, the fee shall be $30,000.

 

          (h)  All funds received under this section shall be deposited to the non-lapsing registry identification card and certificate account established pursuant to RSA 126-X:11.

 

Source.  #10731, eff 11-25-14; ss by #12076, eff 1-1-17; ss by #12653, eff 11-1-18

 

          He-C 402.05  Registration of ATCs.

 

          (a)  Only an ATC that is currently registered by the department and has been issued a registration certificate may cultivate and dispense cannabis or CIP to qualifying patients and designated caregivers who have been issued a registry identification card from the department.  However, an entity that has been issued a conditional registration certificate in accordance with (i) below may perform all operations described in He-C 402 appropriate for that location, in anticipation that the entity will become fully operational.

 

          (b)  Each ATC selected as part of the RFA process shall provide to the department the fee of $20,000 in accordance with He-C 402.04(g)(2) within 10 days of the department’s notice that the entity has been selected. Failure to provide the fee within the required timeframe shall result in forfeiture of the selection and shall prevent the entity from submitting an application in (c) below.

 

          (c)  Each ATC selected as part of the RFA process shall submit the following to the department within 90 days of the department’s notice that the entity has been selected:

 

(1)  A completed application:

 

a.  Signed by the applicant or 2 of the corporate officers affirming the following:

 

“I affirm that I have read and understand the requirements of RSA 126-X and the rules adopted thereunder and that the premises are in compliance with that statute and rule.  I understand that providing false or misleading information shall be grounds for denial, suspension, or revocation of the registration and the imposition of a fine.”; and

 

b.  Containing the following information:

 

1.  The name of the ATC;

 

2.  The physical address of the ATC and, if applicable, the physical address of a second location for cultivation and processing operated by the ATC;

 

3.  The mailing address of the ATC if different from the physical address;

 

4.  The telephone number of the ATC;

 

5.  The name of the ATC’s administrator; and

 

6.  The email address for the ATC’s administrator, and for the ATC if different;

 

(2)  A “Certificate of Good Standing” issued by the NH secretary of state authorizing the ATC to do business as a not-for-profit corporation in the state of New Hampshire;

 

(3) Proof of registration with the NH attorney general’s office as a charitable trust under RSA 7:19 et seq for the benefit of qualifying patients;

 

(4)  A copy of the ATC’s articles of agreement;

 

(5)  A copy of the ATC’s bylaws;

 

(6)  A statement detailing any instances in which a prospective board member, corporate officer, or executive employee who previously ran a business or managed or sat on the board of directors of a corporation was convicted, fined, censured, or had a registration, certification, or license suspended or revoked in any administrative or judicial proceeding, or any instances in which the business or corporation itself was subject to such an action, if this information was not included in the RFA application;

 

(7)  A floor plan of the prospective ATC, to include a complete description and layout of the indoor, enclosed, locked facility, in which all limited access areas are clearly indicated in the diagram of the registered premises, reflecting walls, partitions, counters, and all areas of entry and exit. Said diagram shall also show all propagation, vegetation, flowering, processing, production, storage, disposal, and retail sales areas;

 

(8)  An organization chart indicating ATC board members, executive employees, and corporate officers. The chart shall contain, or be accompanied by a list of, the names of the individuals occupying these positions;

 

(9)  Resumes for the ATC board members, executive employees, and corporate officers;

 

(10) The name, address, and date of birth of each executive employee, corporate officer, and member of the board of directors of the ATC, if the resumes in (9) above do not contain this information;

 

(11)  Written local approvals as follows:

 

a.  For an existing building, the following written local approvals shall be obtained no more than 90 days prior to submission of the application, from the following local officials or if there is no such official(s), from the board of selectmen or mayor:

 

1.  The health officer verifying that the applicant complies with all applicable local health requirements, drinking water and wastewater requirements;

 

2.  The building official verifying that the applicant complies with all applicable state building codes and local building ordinances;

 

3.  The zoning official verifying that the applicant complies with all applicable local zoning ordinances; and

 

4.  The fire chief verifying that the applicant complies with Saf-C 6000, the state fire code, including, but not limited to, the applicable chapter of National Fire Protection Association (NFPA) 101, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control, and local fire ordinances applicable for an agricultural processing and retail sales facility; or

 

b.  For a building under construction or undergoing renovation:

 

1.  The local approvals of the construction or renovation plans; and

 

2.  The final local approvals required by a. above shall be submitted upon completion of the construction or renovation project;

 

(12)  The results of a federal and NH state criminal records check conducted by the NH department of safety for every corporate officer, board member, and executive employee pursuant to RSA 126-X:8, IV(a), and RSA 126-X:4, II-a;

 

(13)  If the ATC uses a private water supply, documentation that the water supply has been tested in accordance with and meets the requirements of RSA 485 and Env-Dw 700, or if a public water supply is used, a copy of a water bill;

 

(14)  The distance, in feet, from any pre-existing designated drug-free school zone located within 1320 feet of the registered premises;

 

(15) A list of all persons or entities not included in the RFA and having direct or indirect authority over the management or policies of the ATC, including the members of the not-for-profit corporation, and a list of all persons or entities contributing $5000 or more of the initial capital to operate an ATC, including capital that is in the form of land or buildings. Identify any conditions on such funds or property; and

 

(16)  Documentation of liability insurance coverage in the amount of 2 million dollars.

 

          (d)  The applicant shall mail or hand-deliver the documents in (c) above to:

 

Department of Health and Human Services

Health Facilities Administration

Therapeutic Cannabis Program

129 Pleasant Street

Concord, NH  03301

 

          (e)  An application for an initial registration shall be complete when the department determines that all items required by (c) above have been received.

 

          (f)  If an application does not contain all of the items required by (c) above, the department shall notify the applicant in writing of the items required before the application can be processed.

 

          (g)  The department shall deny a registration certificate request in accordance with RSA 126-X:8,V, after reviewing the information in (c)(12) above if it determines that a corporate officer, a board member, or executive employee has been convicted of a felony in this or any other state.

 

          (h)  Following an inspection, a notice of registration approval shall be issued if the department determines that an applicant requesting an initial registration is in full compliance with RSA 126-X and He-C 402, including payment of all applicable fees.

 

          (i)  Notwithstanding (h) above, if an entity intends to have a cultivation location separate from its dispensing location, and if it completes construction of either location before it completes construction of the other location, the department shall issue a conditional registration certificate authorizing the entity to perform all operations described in He-C 402 applicable to that location, provided that:

 

(1)  The entity has submitted an application for a registration certificate;

 

(2)  The entity has paid all non-refundable fees required under He-C 402.04;

 

(3)  The entity has received local approvals for the location required under He-C 402.05(c)(11); and

 

(4)  The location has been inspected by the department and found to be in full compliance with RSA 126-X and these rules.

 

          (j)  If a conditional registration certificate is issued under (i) above, the entity shall not open its other location and until such time as the department has inspected the other location, found it to be in full compliance with RSA 126-X and these rules, and informed the entity in writing that it may open its other location.

 

          (k)  In the event that a conditional registration certificate is issued under (i) above and the entity does not subsequently open its dispensing location pursuant to RSA 126-X:7, VIII, any cannabis cultivated or CIP produced shall either be transferred or sold to another NH ATC or, if such sale or transfer is not possible, shall be considered waste and shall be destroyed and discarded as waste in accordance with He-C 402.22 under the supervision of the department.

 

Source.  #10731, eff 11-25-14; ss by #10961, eff 10-23-15; ss by #12076, eff 1-1-17; ss by #12653, eff 11-1-18

 

          He-C 402.06  Renewal Requirements for ATCs.

 

          (a)  An ATC’s registration certificate shall be effective for one year and shall expire on June 30 of the following year unless a completed application for renewal is received prior to the expiration of the current registration.

 

          (b)  Each ATC shall complete and submit to the department the application described in He-C 402.05(c)(1) at least 120 days prior to the expiration of the current registration.

 

          (c)  The ATC shall submit with the renewal application:

 

(1)  The materials required by:

 

a.  He-C 402.05(c)(3);

 

b.  He-C 402.05(c)(4) and (5), if either has changed;

 

c. He-C 402.05(c)(6), for new board members, corporate officers, and executive employees, or new instances involving existing board members, corporate officers, and executive employees;

 

d.  He-C 402.05(c)(7), if changed;

 

e.  He-C 402.05(c)(8), if there are new board members, corporate officers, and executive employees, or if existing roles have changed;

 

f. He-C 402.05(c)(9), for new board members, corporate officers, and executive employees; and

 

g. He-C 402.05(c)(10), for new board members, corporate officers, and executive employees, or if existing information has changed;

 

(2)  If the ATC uses a private water supply, documentation that the water supply has been annually tested in accordance with and meets the requirements of RSA 485 and Env-Dw 700;

 

(3)  A request for renewal of any existing non-permanent waiver previously granted by the department, in accordance with He-C 402.26, if applicable; and

 

(4)  A copy of any existing, non-permanent variances and any new variances applied for or granted by the state fire marshal, in accordance with Saf-C 6005.03 and Saf-C 6005.04.

 

          (d)  Following an inspection as described in He-C 402.28, a registration certificate shall be issued if the department determines that the ATC:

 

(1)  Submitted an application containing all the items required by (c) above as applicable, prior to the expiration of the current registration;

 

(2)  Has submitted a POC that has been accepted by the department and implemented by the ATC if areas of noncompliance were cited at the last inspection or investigation; and

 

(3)  Is in compliance with RSA 126-X and He-C 402.

 

Source.  #10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12076, eff 1-1-17; ss by #12653, eff 11-1-18

 

          He-C 402.07  Requirements for Organizational or Service Changes.

 

          (a)  The ATC shall provide the department with written notice at least 30 days prior to changes in mailing address or name.

 

          (b)  When there is a change in the name, the ATC shall submit to the department a copy of the certificate of amendment from the New Hampshire secretary of state, if applicable.

 

          (c)  In the case of a change in physical location, at least 90 days prior to the move, an ATC shall submit the information required by He-C 402.05(c)(1), (6), (7), (11), (13), and (14) for the new location, and a new registration certificate shall be issued by the department in accordance with He-C 402.05(h).  An ATC shall not open at the new location until final approval is provided by the department.

 

          (d)  In the case of a change in physical location, the current registration certificate shall expire and a new registration certificate shall be issued for the new location by the department which shall be valid until the expiration date of the prior registration certificate.

 

          (e)  An inspection by the department shall be conducted in accordance with He-C 402.28 prior to operation for changes in the physical location of the ATC.

 

          (f)  A change of ownership of the ATC shall not be allowed.

 

          (g)  The ATC shall notify the department whenever there is a proposed change in corporate officers, board members, or executive employees.

 

          (h)  The results of a federal and NH state criminal records check shall be submitted to the department for any change in corporate officers, board members, or executive employees of an ATC.

 

          (i)  The ATC shall inform the department in writing with 30 days advance notice, or as soon as practicable in the event of a death or other extenuating circumstances which would make impossible such notice, when there is a change in administrator and provide the department with the following:

 

(1)  A resume identifying the name and qualifications of the new administrator; and

 

(2) The results of a criminal records check from the NH department of safety for the new administrator.

 

          (j)  The name of the new administrator shall be subject to public disclosure upon the effective date of the change, but the information contained in (i)(1)-(2) above shall remain confidential.

 

          (k)  A revised registration certificate shall be issued for changes in the ATC name, location, administrator, mailing address, or when a waiver is granted.

 

          (l)  The ATC shall notify the department at least 90 days in advance of any renovations or new construction that alter the floor plan of the registered premises.

 

          (m)  Renovations or new construction at the ATC shall comply with all local and state building and fire codes based on the intended use of the registered premises.

 

          (n)  Local approvals shall be required for the fire department, building code enforcement, and zoning for all renovations and new construction at the ATC.

 

          (o)  An inspection by the department shall be conducted in accordance with He-C 402.28 prior to operation for all renovations and new construction at the ATC.

 

          (p)  An ATC shall provide notice of closure or cessation of services as follows:

 

(1)  Written notice shall be provided to the department, and to all qualifying patients and designated caregivers registered with the ATC, no later than 60 days prior to the intended closure;

 

(2)  Written notice provided to qualifying patients and designated caregivers shall be mailed in non-descript envelopes that do not identify the ATC in any way; and

 

(3)  Notice of the closure shall be prominently posted in the ATC.

 

Source.  #10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18

 

          He-C 402.08  Prohibitions.

 

          (a)  An ATC shall not dispense or otherwise transfer cannabis to a person other than a registered qualifying patient or his or her designated caregiver, or a visiting qualifying patient, except that it may acquire cannabis from or sell cannabis to another New Hampshire ATC as allowed by RSA 126-X:8, XV(b)(3), and pursuant to He-C 402.

 

          (b)  Only an ATC technician shall dispense cannabis, CIP, paraphernalia, or cannabis-related supplies.

 

          (c)  No ATC agent shall dispense cannabis or CIP samples to any person.

 

          (d)  No ATC agent shall sell anything other than cannabis, CIP, paraphernalia, cannabis-related supplies, and educational materials about cannabis.

 

          (e)  No ATC or ATC agent shall violate the confidentiality provisions of He-C 402.25.

 

          (f)  No cannabis or CIP shall be consumed on the registered premises or grounds of the ATC, except as allowed by He-C 402.09(b)(12).

 

          (g)  An ATC shall not dispense cannabis or CIP unless labeled and packaged in accordance with He-C 402.19.

 

          (h)  No ATC technician, employee, or agent shall make home deliveries of cannabis, CIP, paraphernalia, or cannabis-related supplies, except if the ATC agent is a qualifying patient’s designated caregiver, or dispense such products anywhere except at the ATC dispensary location.

 

          (i)  An ATC shall not adulterate cannabis or CIP, including with drugs or medication, alcohol, psychoactive additives, or illicit substances, except that alcohol that is used in the extraction process to create a cannabis concentrate may be present in CIP in accordance with He-C 402.16(j)(5)l.

 

          (j)  The ATC shall not advertise their products or services in a manner prohibited by He-C 402.23.

 

          (k)  ATC agents shall not falsify any documentation required by rule or law or provide false or misleading information to the department or to the public.

 

          (l)  No ATC agent or persons connected to an ATC shall:

 

(1)  Accept or solicit any form of pecuniary remuneration from a provider, or offer any form of pecuniary remuneration to a provider except if the provider is employed by the ATC and the provider does not issue written certifications to patients;

 

(2)  Offer a discount or other thing of value to a patient who uses or agrees to use a particular provider;

 

(3)  Permit a provider to examine a patient in relation to issuing a written certification at a location where cannabis is sold or distributed; or

 

(4)  Provide an economic benefit to a provider who issues written certifications to patients.

 

          (m)  The prohibitions in (l) above shall not be construed to prohibit an ATC from providing information to potentially qualifying patients about providers in the community who may issue written certifications, provided, however, that the prohibitions in (l) above are not violated.

 

          (n)  No ATC shall be located in a zoned residential district or within a pre-existing drug-free school zone.

 

Source.  #10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.09  Policies and Procedures.

 

          (a)  Each ATC shall comply with all relevant state and local laws, rules, codes, and ordinances, as applicable.

 

          (b)  Each ATC shall develop and implement a set of detailed written operating procedures and policies governing the operation of the ATC, to include, but not be limited to, the following:

 

(1)  Security measures in compliance with RSA 126-X, He-C 402.17(a), and He-C 402.24;

 

(2)  Employee security policies, including personal safety and crime prevention techniques;

 

(3)  A description of the ATC’s hours of operation and after-hours contact information, which is updated and provided to the department as changes occur, and made available to local law enforcement officials upon request;

 

(4)  Storage of cannabis in compliance with He-C 402.17;

 

(5)  Description of the various strains of cannabis to be cultivated and dispensed, and the types of CIP to be dispensed, subject to the following:

 

a.  Descriptions shall also be categorized by relative cannabinoid concentration, for example, high and low THC and CBD strains and products; and

 

b.  Commercial names of cannabis strains shall not be posted on an ATC’s social media site;

 

(6)  Procedures to ensure accurate recordkeeping, including inventory protocols;

 

(7)  Plans for quality control, including procedures to avoid contaminants in compliance with He-C 402.14 through He-C 402.18;

 

(8)  Personnel policies which govern all ATC agents, including volunteers, and which comply with He-C 402.31, and personnel records which comply with He-C 402.32;

 

(9)  A staffing plan that will ensure staffing that covers business hours and meets operational requirements in a manner that meets the needs of qualifying patients and designated caregivers;

 

(10)  Emergency procedures, including a disaster plan, with procedures to be followed in case of fire or other emergencies, and a plan for continuing operations in the case of such an event;

 

(11)  A mandatory policy that prohibits the consumption of alcohol, tobacco, and illicit drugs in the workplace;

 

(12)  A policy on the possession and use of therapeutic cannabis at the workplace by ATC agents who are qualifying patients or designated caregivers which is consistent with the limitations established in RSA 126-X:3 or which may prohibit such possession and use;

 

(13)  A plan describing how confidential information will be maintained and the method by which release of information from a qualifying patient’s record shall occur in accordance with He-C 402.25;

 

(14)  A description of the ATC’s education activities in accordance with RSA 126-X and He-C 402.21;

 

(15)  The procedures by which the ATC determines the price it charges for cannabis, CIP, paraphernalia, and cannabis-related supplies, and a record of the prices charged, which records shall be maintained as required by He-C 402.32(a);

 

(16)  Written policies and procedures for the production and distribution of cannabis and CIP, which shall include but not be limited to:

 

a.  Methods for identifying, recording, and reporting diversion, theft, or loss, and for correcting all errors and inaccuracies in inventories;

 

b.  A procedure for handling voluntary and mandatory recalls of cannabis. Such procedure shall be adequate to deal with recalls due to any action initiated at the request or order of the department, and any voluntary action by an ATC to remove defective or potentially defective cannabis from the market, as well as any action undertaken to promote public health and safety;

 

c.  A procedure for ensuring that any outdated, damaged, deteriorated, mislabeled, or contaminated cannabis is segregated from other cannabis and destroyed pursuant to He-C 402.22. This procedure shall provide for written documentation of the disposition of the cannabis; and

 

d.  Policies and procedures for the transfer, acquisition, or sale of cannabis between ATCs;

 

(17)  A policy for the discipline of ATC agents who engage in unsafe practices with regard to the operation of the ATC, including the immediate dismissal of any agent who diverts cannabis;

 

(18)  The applicant’s plan for making cannabis, CIP, paraphernalia, and cannabis-related supplies available on an affordable basis to qualifying patients with verified financial hardship:

 

a.  Which shall include qualifying patients enrolled in Medicaid or receiving Supplemental Security Income or Social Security Disability Insurance;

 

b.  Which identifies the extent to which the plan includes other qualifying patients with verified financial hardship, and if so, the method by which financial hardship is determined;

 

c.  Which shall include an alternate price list or percentage discount; and

 

d.  Which shall not include an administrative fee for determining such hardship;

 

(19)  A policy that requires ATC employees and volunteers to receive approval from the ATC’s administrator, or designee, to speak at independently sponsored events, to write articles for publication, or to otherwise engage in a public manner on the subject of therapeutic cannabis, and if such approval is granted, requires the ATC agent to disclose his or her employment or relationship with the ATC, and, as applicable, make clear that the event, presentation, or article is not one that is sponsored or sanctioned by the ATC and whether or not the person represents the ATC;

 

(20)  Procedures for de-escalation of inappropriate behavior by a qualifying patient, designated caregiver, guest of a qualifying patient, or a visiting qualifying patient, up to and including when local law enforcement is to be contacted and when the individual is no longer permitted to be served by the ATC;

 

(21)  Any rule in He-C 402 that requires a policy or procedure; and

 

(22)  Policy and procedure review, including:

 

a.  Reviewing all policies and procedures at least annually and documenting such review; and

 

b.  Revising them as needed.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.10  Operational Requirements.

 

          (a)  An ATC shall be required to be a not-for-profit corporation registered under RSA 292 and in good standing with the NH secretary of state.

 

          (b)  An ATC shall operate on a not-for-profit basis as a charitable trust pursuant to RSA 7:19 et seq. for the benefit of qualifying patients.

 

          (c)  An ATC shall ensure that its property, real and personal, revenue, and expenses are managed and controlled in furtherance of its not-for-profit purpose and that the board and all persons delegated by the board to manage and control its property, real and personal, revenue, and expenses shall have a fiduciary duty to benefit its patients and further its not-for-profit purpose.

 

          (d)  All transactions, financial or otherwise, shall be consistent with the not-for-profit provisions of RSA 126-X and for the benefit of qualifying patients.

 

          (e)  An ATC shall have bylaws that, at a minimum, include:

 

(1)  Mission or purpose;

 

(2)  Criteria for, composition of, and terms of the board of directors, including that the board, pursuant to RSA 126-X:7, IV(a)(4):

 

a.  Includes at least one physician, advance practice registered nurse, or pharmacist licensed to practice in New Hampshire, except that such medical professional shall not maintain an ownership interest in the ATC;

 

b.  Includes at least one patient qualified to register as a qualifying patient; and

 

c.  Consists of a majority of New Hampshire residents;

 

(3)  Requirements for board meetings;

 

(4)  Procedures for the selection and replacement of corporate officers, and their governance and duties;

 

(5)  Provisions relative to dissolution of the not-for profit corporation’s assets, which shall ensure that they are treated in accord with its not-for-profit purpose and for the benefit of qualifying patients;

 

(6)  A conflict of interest policy governing the board and corporate officers; and

 

(7)  A financial policy governing financial transactions, that ensures they are in the corporation’s best interest and are consistent with the not-for-profit purpose of the corporation and RSA 7:19-a.

 

          (f)  The ATC’s dispensary locations shall be open for business for a sufficient number of hours to meet the needs of qualifying patients and designated caregivers, at a minimum of 20 hours per week. Such hours shall be posted at the ATC’s dispensary locations, published on the ATC’s website if the ATC maintains a website, and made available to local law enforcement officials upon request.

 

          (g)  The ATC shall ensure the presence of an ATC technician whenever a qualifying patient or designated caregiver is in the dispensing area.

 

          (h)  At no time shall there be fewer than 2 ATC agents at each location of the registered premises during all hours of operation, including when the ATC is open for business and whenever the ATC’s operations require agents to be present at the registered premises, except that an executive employee shall be allowed to be on-site at the registered premises, on a limited basis, for a specific identified need, with the approval of the administrator, and in accordance with the ATC’s written policy including documentation of such instances.

 

          (i)  An ATC shall have an identification system in place for all ATC agents that meets the requirements of He-C 402.31.

 

          (j)  An ATC shall limit access to the registered premises to only those persons authorized to have access in accordance with He-C 402.24.

 

          (k)  The ATC shall post the following documents as follows:

 

(1)  At the dispensary location, the current registration certificate issued in accordance with RSA 126-X, all statements of findings issued by the department in the prior year for both the dispensary location and the cultivation location, and the hours of operation, in a public and conspicuous area; and

 

(2)  At the cultivation location, the current registration certificate issued in accordance with RSA 126-X and all statements of findings issued by the department in the prior year, for both the dispensary location and the cultivation location, in a conspicuous area.

 

          (l)  The ATC shall immediately report the diversion, loss, or theft of any cannabis to the appropriate law enforcement authority and to the department.

 

          (m)  Any disciplinary action taken against an agent pursuant to He-C 402.09(b)(17) shall be reported to the department.

 

          (n)  An ATC shall submit an incident report to the department no later than the next business day after it discovers a reportable incident.

 

          (o)  Incident reports shall include the following:

 

(1)  The ATC name and contact information;

 

(2)  A description of the incident, including its cause, and identification of injuries, if applicable;

 

(3)  The name(s) of agents or other persons involved in the incident, if applicable;

 

(4)  The date and time of the incident;

 

(5)  The action taken in direct response to the incident;

 

(6)  The corrective action to be implemented and maintained to ensure that the incident does not recur, and the date by which the corrective action will be taken, as applicable;

 

(7)  The identity of any law enforcement or emergency personnel contacted or allowed into the registered premises as a result of the incident; and

 

(8)  The signature of the person reporting the incident.

 

          (p)  The ATC shall maintain a current database of qualifying patients and designated caregivers, which shall be updated to include:

 

(1)  The list transmitted by the department on a daily, monthly, or as-needed basis to the ATC, which includes a list of the names, registry identification numbers, and contact information of qualifying patients and designated caregivers; and

 

(2)  Any other updates provided by the department.

 

          (q)  The ATC shall submit an annual report to the department, not later than September 1, containing the following information for the previous state fiscal year ending on June 30:

 

(1)  The strains of cannabis dispensed, which shall also be categorized by the concentration of cannabinoids based on the cannabinoid profile, for example, high and low THC and CBD strains, the forms of prepared cannabis dispensed, and the effectiveness, as reported by the qualifying patient or designated caregiver, of cannabis used;

 

(2)  Satisfaction of qualifying patients with the ATC and with the therapeutic cannabis program in general, including information received from qualifying patients via a satisfaction survey administered by the ATC;

 

(3)  Any product recalls and cannabis batches destroyed, including the date, amount, and reasons therefor;

 

(4)  A description of the ATC efforts to educate qualifying patients and designated caregivers;

 

(5)  The annual financial report of the ATC including:

 

a.  The revenue received for the sale of cannabis by the form of cannabis, either flower or CIP, the type of CIP, and the category of cannabis based on the concentration of cannabinoids, for example, high and low THC and CBD strains; and

 

b.  The expenditures, liabilities, and monetary reserves available;

 

(6)  A report of the total number of qualifying patients, designated caregivers, and visiting qualifying patients served;

 

(7)  A description of the ATC’s program for reduced cost for qualifying patients with documented financial hardship to include the number of qualifying patients eligible for the reduction, the amount of the reductions, and the total amount of the discounts provided;

 

(8)  Information about security issues, including an aggregate report of all reportable incidents;

 

(9)  Information about best practices, including any recommendations for program improvement;

 

(10)  Information about any complaints received by the ATC from qualifying patients, designated caregivers, or the general public; and

 

(11)  A description of the efforts and activities of the ATC that contribute to the ATC’s mission as a charitable trust to benefit qualifying patients.

 

          (r)  Within 10 days of filing the annual report required by RSA 7:28 with the office of the New Hampshire attorney general charitable trusts unit, the ATC shall file the report with the department.

 

Source.  #10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.11  Acquisition and Transportation of Cannabis.

 

          (a)  An ATC may acquire cannabis and CIP from, or sell cannabis and CIP to, another New Hampshire ATC.

 

          (b)  Transportation of cannabis and CIP shall be permitted as follows:

 

(1)  Between ATCs;

 

(2)  From an ATC to a laboratory for testing;

 

(3)  From an ATC to a waste disposal or compost site, except that the requirements in this section shall not apply to the transportation of cannabis waste rendered unusable in accordance with He-C 402.22; and

 

(4)  To and from different locations of the registered ATC.

 

          (c)  Transportation of cannabis and CIP shall be conducted by at least one ATC employee.

 

          (d)  An ATC shall create a transport manifest for each transportation event, to include:

 

(1)  Departure date and time of departure;

 

(2)  Name, location address, and registration certificate number of the originating ATC;

 

(3)  Name, location address, and registration certificate number, as applicable, of the destination entity;

 

(4)  Product type and quantity, in weight, of all product to be transported;

 

(5)  Estimated time of arrival, which shall be the on same date as the product’s departure; and

 

(6)  Name(s) of the ATC employee(s) transporting the product.

 

          (e)  The originating ATC shall transmit a copy of the transport manifest to the destination entity prior to transport.

 

          (f)  The transport manifest shall be signed and dated by an ATC authorized employee upon departure at the originating ATC, other than an employee providing transport, and by an authorized employee of the receiving entity upon arrival, other than an employee providing transport.

 

          (g)  The destination entity shall verify and document the type and quantity of the transported product against the transport manifest transmitted in (e) above and return a copy of the signed and verified transport manifest to the originating ATC.

 

          (h)  All cannabis and CIP transported shall be tracked as inventory in accordance with He-C 402.13.

 

          (i)  All cannabis and CIP transported shall be packaged in accordance with He-C 402.19(b)(5).

 

          (j)  All cannabis and CIP shall be transported in containers so as not to be visible or recognizable from outside the vehicle.

 

          (k)  All cannabis and CIP shall be transported in locked containers:

 

(1) Except that an ATC may choose instead to have 2 ATC employees conduct the transportation;

 

(2)  Except when being transported between different ATCs, which shall require the transport to be conducted by 2 ATC employees; and

 

(3)  Except when the cannabis sample is being transported for testing.

 

          (l)  When the use of locked transport containers is required by (k) above, ATC employees providing transport shall not have access to the key to the locked transport containers.

 

          (m)  The vehicle shall not bear any markings to indicate that the vehicle is transporting cannabis and CIP nor shall it bear the name of the ATC.

 

          (n)  The vehicle shall travel directly to the receiving entity, without stopping. 

 

          (o)  When unforeseen circumstances require the vehicle to stop unexpectedly, for example, if stopped by a law enforcement officer or if there is a personal emergency, a detailed log shall be created describing:

 

(1)  The reason for the stop;

 

(2)  The duration of the stop;

 

(3)  The location of the stop; and

 

(4)  The activities of those persons exiting the vehicle, if applicable.

 

          (p)  In no case shall a vehicle transporting cannabis and CIP be left unattended at any time.

 

          (q)  ATC employees providing transport shall have communication access with personnel at the originating entity at all times that the vehicle contains cannabis and CIP.

 

          (r)  All records required by this section shall be maintained for a minimum of 4 years.

 

          (s)  Any vehicle used to transport cannabis and CIP shall be properly registered and inspected in the state in which it is registered.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.12  Permitted Quantities of Cannabis at an ATC.

 

          (a)  An ATC shall not possess or cultivate cannabis in excess of the following quantities:

 

(1)  Three mature cannabis plants, 12 seedlings, and 6 ounces of usable cannabis for each qualifying patient registered with the department; and

 

(2)  Up to an additional 80 mature cannabis plants, 160 seedlings, and 80 ounces of usable cannabis, including for start-up operations, to assist with a failed batch of cannabis, to allow sufficient quantity of cannabis for new qualifying patients, or to fill requests for the sale of cannabis to other ATCs.

 

          (b)  The quantities in (a) above shall be inclusive of all cannabis or CIP possessed or being cultivated at all registered premises under the control of the ATC.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.13  Inventory.

 

          (a)  The ATC shall establish ongoing inventory controls and procedures for the conduct of inventory reviews and comprehensive inventories of cannabis, which shall enable the ATC to detect any diversion, theft, or loss in a timely manner.

 

          (b)  An ATC shall maintain its inventory of cannabis plants and usable cannabis to reflect the projected needs of currently registered qualifying patients and new qualifying patients as required by He-C 402.12.

 

          (c)  An ATC shall conduct an initial comprehensive inventory on the date it first dispenses cannabis and maintain a real-time record of its inventory of cannabis plants, including mature plants, seedlings, and clones, usable cannabis, including cannabis that is being processed and cannabis that is ready for dispensing, and CIP, to include at a minimum:

 

(1)  The date and time of the inventory;

 

(2)  The summary of inventory findings; and

 

(3)  The names of the employee(s) conducting the inventory.

 

          (d)  An ATC shall also maintain a real-time record of its inventory of all damaged, defective, expired, or contaminated cannabis and CIP prepared for waste disposal, but this inventory shall not be included in the cannabis inventory limit established in He-C 402.12.

 

          (e)  An ATC shall be able to reconcile all on-premises and in-transit cannabis each day at the close of business, and shall be able to document such inventory reconciliation upon request of the department for any day within the current registration period.

 

          (f)  An ATC shall establish inventory controls and procedures for the conduct of inventory reviews, which shall include a monthly comprehensive inventory.

 

          (g)  An ATC shall utilize an electronic inventory tracking system.

 

          (h)  All scales used to weigh usable cannabis for purposes of assessing inventory and packaging and dispensing cannabis shall be certified annually by a licensed NH service technician in accordance with RSA 438 and Agr 1400. Documentation of such certification shall be made available to the department upon request.

 

          (i)  If an ATC uses an extraction method to produce cannabis concentrate for use in the production of CIP, the amount of usable cannabis contained in the concentrate shall be based on the cannabinoid profile of the concentrate, and not the amount of the concentrate itself nor the amount of cannabis used to create the concentrate, as follows:

 

(1)  250 milligrams of total active cannabinoid shall equal one gram of usable cannabis;

 

(2)  The total active cannabinoid amount shall be the combined amounts of cannabinoids in the concentrate as indicated by the cannabinoid profile; and

 

(3)  The amount of usable cannabis contained in the concentrate, as determined by (1) and (2) above, shall be included in the inventory limit established in He-C 402.12.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.14  Cultivation and General Processing.

 

          (a)  Only an ATC shall be permitted to cultivate cannabis.

 

          (b)  All phases of the cultivation of cannabis shall take place in designated, locked, indoor, limited access areas that are monitored by a surveillance camera system in accordance with He-C 402.24.

 

          (c)  Safe growing methods that are as consistent as practicable with U.S. Department of Agriculture organic requirements at 7 CFR Part 205 shall be used.

 

          (d)  The cultivation process shall be designed to limit contamination, including, but not limited to, mold, fungus, bacterial diseases, rot, pests, non-organic pesticides, mildew, and any other harmful contaminant.

 

          (e)  A pesticide product may be applied to cannabis if:

 

(1)  It is approved for organic cultivation in accordance with the requirements of the national organic program, 7 CFR Part 205; and

 

(2)  The active ingredients contained in the pesticide product are exempt from federal registration under Section 25(b) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).

 

          (f)  Only persons who are licensed in accordance with RSA 430:33 shall be permitted to apply those pesticides in (e) above to cannabis.

 

          (g)  No chemical listed in He-C 402.34 shall be used in any way in the cultivation of cannabis.

 

          (h)  An ATC shall process only the leaves and flowers of the female cannabis plant, which shall be:

 

(1)  Well cured and free of seeds and stems;

 

(2)  Free of dirt, sand, debris, and other foreign matter;

 

(3)  Free of contamination by mold, mildew, rot, other fungus, bacterial diseases, pests, pest wastes, and any other harmful contaminant; and

 

(4)  Prepared and handled on food-grade stainless steel tables.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.15  Testing.

 

          (a)  Each batch of cannabis harvested and each batch of cannabis concentrate produced shall be tested in accordance with this section.

 

          (b)  The testing required by this section shall be performed by an independent laboratory located in New Hampshire and licensed under RSA 151 and He-P 808.

 

          (c)  Each batch of cannabis harvested shall be tested for:

 

(1)  The cannabinoid profile; and

 

(2)  Contaminants as described in (e) below.

 

          (d)  Each batch of cannabis concentrate produced shall be tested for the cannabinoid profile.

 

          (e)  The testing required by (c)(2) above shall meet the following standards:

 

(1)  For purposes of testing for microbiologicals and mycotoxins, a cannabis sample shall be deemed to have passed if it does not exceed the limits set forth in Table 402.1 below:

 

Table 402.1 – Contaminant Limits

 

Cannabis Material

Viable Aerobic Bacteria (CFU/g)

Yeast & Mold (CFU/g)

Viable Coliforms (CFU/g)

Bile-tolerant Gram Negative Bacteria (CFU/g)

E. Coli (pathogenic strains) & Salmonella spp.

Mycotoxins (alfatoxin B1, alfatoxin B2, alfatoxin O1, alfatoxin O2, ochratoxin A)

Harvested Cannabis

105

104

103

103

None detected in 1 gram

<20 μg /kg of material

Cannabis Concentrate

104

103

102

102

None detected in 1 gram

<20 μg /kg of material

CFU: colony forming unit

 

 

(2)  For purposes of testing for heavy metals, a cannabis sample shall be deemed to have passed if it does not exceed the limits set forth in Table 402.2 below:

 

Table 402.2 – Contaminant Limits

 

Heavy Metal

Limit

Arsenic

4,206 ppb

Cadmium

2,704 ppb

Lead

8,712 ppb

Mercury

8,712 ppb

ppb: parts per billion

 

          (f)  The department shall require testing for the presence of prohibited pesticides and prohibited chemicals listed in He-C 402.34, Table 402.3, as follows:

 

(1)  Testing shall be conducted for cannabis harvested at each cultivation location;

 

(2)  Testing shall be conducted at least quarterly;

 

(3)  The department shall directly notify the laboratory when such testing shall be conducted;

 

(4)  Testing shall be conducted on samples provided to the laboratory for testing required by (c) above, or, if no samples have been provided at the time of notification in (3) above, on samples provided to the laboratory as directed by the department;

 

(5)  Testing results shall be sent from the laboratory to the department; and

 

(6)  A cannabis sample shall be deemed to have passed if no individual prohibited pesticide or chemical for which the laboratory tested is detected above 10 parts per billion.

 

          (g)  Each batch of solvent-based cannabis concentrate shall be tested for residual solvents, which, except for ethanol and isopropanol, shall not exceed 500 parts per million.

 

          (h)  The ATC shall segregate and withhold from use each batch of harvested cannabis and cannabis concentrate until the laboratory has completed its testing and either:

 

(1)  The ATC receives written notice of passing results from the laboratory; or

 

(2) In the case of testing required in (f) above, the ATC receives written notice from the department that the batch has passed.

 

          (i)  In addition to test results described in (f)(5) above, the laboratory shall send to the department copies of each test result that fails to meet the standards in (e) and (g) above.

 

          (j)  Any cannabis batch whose test sample fails to pass the standards in (e)-(g) above shall be destroyed and discarded as waste in accordance with He-P 402.22.

 

          (k)  An ATC shall be required to have cannabis or CIP re-tested for its cannabinoid profile when the department determines that there is reason to believe that the cannabinoid profile on the label does not accurately reflect the actual cannabinoid profile.  Copies of the testing results shall be sent to the department from the laboratory.

 

          (l)  Where testing indicates that the cannabinoid profile on the label does not accurately reflect its contents, the department shall:

 

(1)  If the product is determined to be safe and of sufficient quality for continued sale or use:

 

a.  Place conditions on the continued sale of such product, such as requiring re-labeling and the issuance of disclaimers or notifications to patients and caregivers; and

 

b.  For product that has already been dispensed, order the issuance of notifications to patients and caregivers who have purchased the product, including the option for returning the product to the ATC for either replacement or refund; or

 

(2)  If the product is determined not to be safe or of sufficient quality for continued sale or use:

 

a.  For product that has not yet been dispensed, order the destruction of such product; and

 

b.  For product that has already been dispensed, order a recall of the product, including replacement or refund to patients, and order destruction of the product.

 

          (m)  The ATC shall maintain the results of all testing for no less than 4 years.

 

          (n)  The department shall require additional testing, copies of results for which shall be sent to the department, order recalls, or order destruction of cannabis or CIP:

 

(1)  In the event it has evidence of tampering or product contamination;

 

(2)  In order to determine the presence or absence of contaminants; or

 

(3)  In order to verify the accuracy of labeling.

 

          (o)  The testing laboratory shall supply documentation to the ATC of the test sample size requirements, for all analytes tested, to determine a minimum yet adequate amount of cannabis required by the laboratory to perform the testing required by this section.

 

          (p)  The ATC shall develop and implement a policy describing the procedures used to collect and provide samples for testing, which meets the following requirements:

 

(1)  The ATC shall utilize a statistically valid sampling methodology to ensure that each sample is a random, homogenized sample; and

 

(2)  The ATC shall document each sample collection, to include batch information, collecting agent information, and chain of custody information.

 

          (q)  Laboratories and laboratory employees shall be permitted to possess cannabis on the premises of the laboratory for the purpose of testing in accordance with this section.

 

          (r)  ATCs shall be responsible for all costs associated with the testing of cannabis samples.

 

          (s)  No ATC agent shall have any financial or other interest in a laboratory providing testing services in accordance with this section.

 

          (t)  No individual employee of a laboratory providing testing services for ATCs may receive direct financial compensation from any ATC.

 

          (u)  All storage of cannabis at a laboratory providing cannabis-testing services shall comply with He-C 402.17.

 

          (v)  An ATC shall develop and implement a quality assurance policy regarding the testing of cannabis and CIP for cannabinoid profile and contaminants, not including pesticides, in addition to the required testing described in this section, as follows:

 

(1)  The policy shall include provisions for regular and periodic testing of cannabis flower and finished CIP products so that a representative sample of flower and CIP types are tested throughout the registration period;

 

(2)  The ATCs shall work with the testing laboratory for this purpose; and

 

(3)  Any product, the results of which do not match the original testing results or the results printed on the label, within a margin of error established by the laboratory, or which is found to contain contaminants above the thresholds established in (e) above, shall be withheld from sale or use, the testing results shall be reported to the department, and shall be subject to the actions described in (j) or (l) above.

 

Source.  #10731, eff 11-25-14; ss by #10961, eff 10-23-15; ss by #12653, eff 11-1-18

 

          He-C 402.16  Production of Cannabis-Infused Products.

 

          (a)  Except for registered qualifying patients or designated caregivers, subject to the limitations in He-C 401.18, only a registered ATC shall be permitted to produce CIP.

 

          (b)  An ATC which chooses to produce CIP shall do so in accordance with this section.

 

          (c)  CIP shall not be considered food and CIP production facilities shall not be considered food service establishments for the purpose of food service licensure under RSA 143.

 

          (d)  Production of CIP shall take place in a designated and separate limited access area of the registered premises.

 

          (e)  All edible CIP shall be prepared, handled, and stored in compliance with the sanitation requirements in He-P 2309.03, Sanitary Production and Distribution of Food, Food Processing Plant Standards.

 

          (f)  All ingredients of edible CIP shall be of food-grade quality.

 

          (g)  An ATC shall provide adequate refrigeration for perishable CIP that will be consumed.

 

          (h)  An ATC shall ensure that its production processes are designed so that the cannabinoid content of any edible CIP is homogenous.

 

          (i)  Edible CIP shall be individually packaged at the point of preparation except that smaller items may be packaged into larger quantities in a single wrapped package provided that the packaging meets the requirements of He-C 402.19(b)(1).

 

          (j)  An ATC that chooses to produce cannabis concentrate shall be subject to the following:

 

(1)  The following shall be permitted categories of cannabis concentrate:

 

a.  Water-based cannabis concentrate;

 

b.  Food-based cannabis concentrate;

 

c.  Carbon dioxide (CO2)-based cannabis concentrate; and

 

d.  Solvent-based cannabis concentrate, using only the following solvents:

 

1.  Acetone;

 

2.  Butane;

 

3.  Ethanol;

 

4.  Heptane;

 

5.  Isopropanol; and

 

6.  Propane;

 

(2)  The use of any solvent not listed in (1)d. above shall be expressly prohibited;

 

(3)  An ATC that engages in the production of cannabis concentrate, regardless of the method of extraction or category of cannabis concentrate being produced, shall:

 

a.  Ensure that the space in which any cannabis concentrate is to be produced is a fully enclosed room and clearly designated on the current diagram of the registered premises;

 

b.  Ensure that the written standard operating procedure for each method used to produce a cannabis concentrate at the ATC includes step-by-step instructions on how to safely and properly conduct all aspects of the process;

 

c.  Establish written quality control procedures designed to maximize safety and minimize potential product contamination;

 

d.  Establish written emergency procedures to be followed in case of a fire, chemical spill, or other emergency; and

 

e.  Provide, document, and verify comprehensive training for all ATC agents involved in the cannabis concentrate production process to include:

 

1. All standard operating procedures for each method of cannabis concentrate production used at that ATC;

 

2.  The ATC’s quality control procedures;

 

3.  The ATC’s emergency procedures;

 

4.  The proper use of any necessary safety or sanitation equipment;

 

5. The hazards presented by all solvents or other ingredients or chemicals used within the ATC as described in the material safety data sheet for each solvent, ingredient, or chemical;

 

6.  Clear instructions on the safe use of all equipment involved in each process and in accordance with manufacturer’s instructions, where applicable; and

 

7.  Any additional periodic cleaning required to comply with all applicable sanitation and safety rules;

 

(4)  An ATC that engages in the production of water-based or food-based cannabis concentrate shall:

 

a.  Meet the requirements of (e) above;

 

b. Ensure that all equipment, counters, and surfaces used in the production of cannabis concentrate are thoroughly cleaned after the completion of each batch of cannabis concentrate;

 

c. Ensure that any room in which dry ice is stored or used in processing cannabis concentrate is well ventilated to prevent the accumulation of dangerous levels of CO2;

 

d.  Ensure that the necessary safety or sanitation equipment, including personal protective equipment, is provided and properly used by all agents involved in the process;

 

e. Ensure that, if used, only food-grade propylene glycol or glycerin is used in the production of food-based cannabis concentrate; and

 

f.  Comply with (5) below related to the production of solvent-based cannabis concentrate if a pressurized system is used in the production process; and

 

(5)  An ATC that engages in the production of solvent-based cannabis concentrate shall:

 

a.  Comply with all state fire and building codes, including but not limited to the national electric code, all local ordinances, and with He-C 402.33(j)-(l) for the cannabis concentrate production area(s);

 

b.  Obtain a material safety data sheet for each solvent or other chemical used or stored in the cannabis concentrate production area and keep them in a book that is readily accessible to all agents working in the cannabis concentrate production area and is readily accessible outside the cannabis concentrate production area as well;

 

c.  Determine and post the maximum amount of all solvents and/or flammable chemicals that are permitted both in the storage and work areas of the cannabis concentrate production area in accordance with Saf-C 6000, the state fire code, as adopted by the commissioner of the department of safety under RSA 153, and as amended pursuant to RSA 153:5, I, by the state fire marshal with the board of fire control;

 

d.  Ensure that all solvent-based extractions using flammable solvents meet the following requirements:

 

1.  Such extractions shall be performed under:

 

(i)  A static free fume hood; or

 

(ii)  An electrostatic discharge safe, electrostatic dissipative, or static resistant certified fume hood for use for a class IB flammable liquid such as ethanol or isopropyl alcohol;

 

2.  The hood in 1. above shall be certified and inspected, at least annually, in accordance with the manufacturer’s instructions, to meet manufacturer’s stated operational requirements; and

 

3.  Written documentation of the certification and inspection in 2. above shall be made available to the department upon request;

 

e.  Install throughout the registered premises an approved, supervised, automatic sprinkler system;

 

f.  Install throughout the registered premises 110 Volt carbon monoxide detectors and a fire alarm system:

 

1.  Where initiation of the fire alarm system shall be by manual means in accordance with section 9.6.2 of NFPA 101, as incorporated in He-C 402.05(c)(12)a.4., and by means of any required sprinkler system waterflow alarms, detection devices, or detection systems; and

 

2.  Which automatically notifies occupants in accordance with section 9.6.3 of NFPA 101, as incorporated in He-C 402.05(c)(12)a.4.;

 

g.  Have portable fire extinguishers, appropriate for the area and use, in accordance with section 9.7.4.1 of NFPA 101, as incorporated in He-C 402.05(c)(12)a.4.;

 

h.  Ensure that all equipment, counters, and surfaces used in the production process are food-grade and shall not react adversely with any of the solvents to be used in the ATC;

 

i.  Ensure that the room in which the cannabis concentrate is produced has a properly functioning emergency eye-wash station;

 

j.  Ensure that all solvents used in cannabis concentrate production are food grade or at least 99% pure;

 

k.  Ensure that every batch of cannabis concentrate is tested for residual solvents which, except for ethanol and isopropanol, shall not exceed 500 parts per million per gram;

 

l.  For ethanol and isopropanol, if residual solvents exceed 500 parts per million per gram, add a warning to the product label stating the amount of residual solvent, in parts per million per gram, contained in the product; and

 

m.  Not use denatured alcohol in any part of the production process.

 

          (k)  A complete list of solvents and chemicals used in the production of any cannabis concentrate shall be made available to the department or a qualifying patient or designated caregiver upon request.

 

          (l)  No chemical listed in He-C 402.34 shall be used in any way in the production of CIP.

 

Source.  #10731, eff 11-25-14; amd by #10961, eff 10-23-15; ss by #12653, eff 11-1-18

 

          He-C 402.17  Storage.

 

          (a)  All cannabis and CIP in the process of cultivation, processing, transport, and testing, and all saleable product, shall be kept and stored in such a manner as to prevent diversion, theft, or loss, including that:

 

(1)  Such cannabis and CIP shall be accessible only to the number of specifically authorized ATC agents essential for efficient operation;

 

(2)  Such cannabis and CIP shall be returned to a secure location immediately after completion of the process or at the end of the scheduled business day; and

 

(3)  If a process is not completed at the end of a business day, the tanks, vessels, bins, or bulk containers containing cannabis or CIP shall be locked inside a secure area.

 

          (b)  All cannabis and CIP in the process of cultivation, processing, transport, and testing, and all saleable product, shall be kept and stored:

 

(1)  Under conditions that will protect it against physical, chemical, and microbial contamination as well as against deterioration of the product and its container;

 

(2)  In areas that shall be maintained in a clean, orderly, and well-ventilated condition; and

 

(3)  In storage areas that shall be free from infestation by insects, rodents, birds, and pests of any kind.

 

          (c)  ATCs shall maintain a separate secure storage area for cannabis or CIP that is outdated, damaged, deteriorated, mislabeled, or contaminated, or whose containers or packaging have been opened or breached, until such products are destroyed.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.18  General Sanitation Requirements.  The ATC shall take all reasonable measures and precautions to ensure the following:

 

          (a)  That any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an infectious illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination for whom there is a reasonable possibility of contact with cannabis and CIP shall be excluded from any operations which might be expected to result in contamination until the condition is corrected;

 

(b)  That hand-washing facilities shall be:

 

(1)  Furnished with running water at a suitable temperature;

 

(2) Located in the registered premises and also where good sanitary practices require ATC agents to wash or sanitize their hands, including in CIP preparation areas; and

 

(3)  Equipped with effective hand cleaning and sanitizing preparations and sanitary towel service or suitable drying devices;

 

          (c)  That all persons working in direct contact with cannabis and CIP shall conform to hygienic practices while on duty, including, but not limited to:

 

(1)  Maintaining personal cleanliness; and

 

(2)  Washing hands thoroughly in a hand-washing area(s) before starting work and at any other time when the hands might have become soiled or contaminated;

 

          (d)  That litter and waste are removed and the operating systems for waste disposal are maintained so that they do not constitute a source of contamination in areas where cannabis and CIP are exposed;

 

          (e)  That floors, walls, and ceilings are constructed in such a manner that they may be cleaned and that each is kept clean and in good repair;

 

          (f)  That there is lighting in all areas where cannabis and CIP are processed, stored, or sold, and where equipment or utensils are cleaned, sufficient to ensure that proper sanitation methods can be applied;

 

          (g)  That the ATC provides screening or other protection against the entry of pests, including that rubbish is disposed of so as to minimize the development of odor and the potential for the waste becoming an attractant, harborage, or breeding place for pests;

 

          (h)  That any buildings, fixtures, and other facilities are maintained in a sanitary condition;

 

          (i)  That toxic cleaning compounds, sanitizing agents, and other potentially harmful chemicals shall be identified, held, and stored in a manner that protects against contamination of cannabis and CIP and in a manner that is in accordance with any applicable local, state, or federal law, rule, regulation, or ordinance;

 

          (j)  That all contact surfaces, utensils, and equipment used in the production of cannabis and CIP shall be maintained in a clean and sanitary condition, including that such surfaces, utensils, and equipment shall be cleaned and sanitized as frequently as necessary to protect against contamination, using a sanitizing agent registered by the U.S. Environmental Protection Agency (EPA), in accordance with labeled instructions;

 

          (k)  That the ATC’s water supply shall be sufficient for necessary operations;

 

          (l)  That plumbing shall be of adequate size and design, and adequately installed and maintained, to carry sufficient quantities of water to required locations throughout the ATC and remove waste without cross-contamination;

 

          (m)  That ATC agents have readily accessible toilet facilities that are maintained in a sanitary condition and good repair; and

 

          (n)  That cannabis and CIP that can support the rapid growth of undesirable microorganisms are held in a manner that prevents the growth of these microorganisms.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.19  Packaging and Labeling Requirements.

 

          (a)  The dispensing of cannabis or CIP shall be prohibited unless the cannabis is placed within a container and labeled in accordance with this section.

 

          (b)  All cannabis or CIP to be dispensed shall be packaged as follows:

 

(1)  Cannabis or CIP shall be packaged in plain, opaque, tamper-proof, and child-resistant containers, except that the container shall not require to be child-resistant if the qualifying patient or designated caregiver has affirmed in writing that he or she would have difficulty opening a child-resistant container and that there are no young children living in his or her household;

 

(2)  Cannabis or CIP shall be packaged in a manner that is not attractive to children;

 

(3) Depictions of the product, cartoons, or images other than the ATC’s logo shall not be permitted on the packaging;

 

(4) The packaging of edible CIP shall not bear a reasonable resemblance to any commercially available product; and

 

(5)  If the ATC has a second location for cultivation, packaging, including the application of a tamper-proof seal on the package, shall be completed at the cultivation location and not at the dispensing location.

 

          (c)  The ATC shall not use any product or strain name that:

 

(1)  Is identical to, or confusingly similar to, the name of an existing non-cannabis product;

 

(2)  Is identical to, or confusingly similar to, the name of an unlawful product or substance;

 

(3)  Is obscene or indecent, such as names that are sexually suggestive, include curse words, or are ethnic, racist, or derogatory in nature;

 

(4)  Might encourage the use of cannabis or CIP for recreational purposes;

 

(5)  Might encourage the use of cannabis or CIP for a condition other than a qualifying medical condition;

 

(6)  Is customarily associated with persons under the age of 18; or

 

(7)  Is related to the benefits, safety, or efficacy of the cannabis product unless supported by substantial evidence or substantial clinical data.

 

          (d)  All cannabis or CIP dispensed shall meet the following labeling requirements:

 

(1)  The ATC shall place a legible, firmly affixed label on all cannabis or CIP dispensed, which contains, at a minimum, the following information:

 

a.  The qualifying patient’s registry identification number;

 

b.  If the cannabis or CIP is being dispensed to a designated caregiver on behalf of a qualifying patient, in addition to a. above, the designated caregiver’s registry identification number;

 

c.  The qualifying patient’s address;

 

d.  The name, registration number, address, and phone number of the ATC;

 

e.  The quantity, in ounces, of usable cannabis dispensed, which, for CIP, shall be as determined by He-C 402.13(i);

 

f.  The date that the ATC dispensed the cannabis or CIP;

 

g.  The batch number;

 

h.  The strain of cannabis dispensed or, for CIP that has been produced with more than one strain, terminology that indicates that multiple strains have been used to create the CIP, such as “blend” or “hybrid”;

 

i.  The cannabinoid profile of the cannabis or CIP dispensed, as follows:

 

1.  For flower, in percent by weight;

 

2.  For CIP, in milligrams; and

 

3. If the cannabinoid profile testing indicates that the amount of a cannabinoid is undetectable, it shall not be required to be included on the label;

 

j.  This statement, including capitalization: “This product has not been analyzed or approved by the FDA. It is not certified to be free of contaminants.  There is limited information on the side effects of using this product, and there may be associated health risks.  Do not drive or operate heavy machinery when under the influence of this product. KEEP THIS PRODUCT AWAY FROM CHILDREN.”; and

 

k.  This statement:  “This cannabis or CIP is for therapeutic use only. Diversion of this product is a class B felony and shall result in the revocation of one’s registry identification card.”;

 

(2)  In addition to (1) above, the ATC shall place a legible, firmly affixed label on all CIP including the following information:

 

a.  The type of the product;

 

b.  A list of ingredients;

 

c.  The net weight of the product;

 

d.  A warning if nuts or other known allergens are contained in the product;

 

e.  The date of product creation and the recommended “use by” or expiration date;

 

f.  A statement that the CIP, if perishable, should be refrigerated;

 

g.  Directions for use of the product if relevant;

 

h.  Dosing information regarding the serving size of the product relative to the amount of THC or CBD in the product; and

 

i.  The estimated time the CIP may take to go into effect;

 

(3)  In addition to (1) and (2) above, for any CIP that contains an ethanol- or isopropanol-based cannabis concentrate with a residual solvent level that exceeds 500 parts per million per gram, the ATC shall add a warning to the label stating the amount of residual solvent, in parts per million per gram, contained in the product;

 

(4) Labeling text shall not include any false or misleading statements regarding health or physical benefits to the consumer; and

 

(5)  Multiple labels on a container shall be allowed, however, labels shall be unobstructed and conspicuous in that no information required by these rules shall be obstructed.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.20  Dispensing Cannabis or CIP.

 

          (a)  The dispensing of cannabis or CIP shall meet the requirements of this section.

 

          (b)  Only ATC technicians shall be permitted to dispense cannabis or CIP.

 

          (c)  Cannabis or CIP shall be dispensed only to those qualifying patients, designated caregivers, and visiting qualifying patients who have been positively identified, as follows:

 

(1)  A qualifying patient or designated caregiver shall produce his or her active registry identification card, or the equivalent for visiting qualifying patients, and valid, non-expired proof of identification;

 

(2)  Valid proof of identification shall be limited to one of the following, which contains the person’s name, photograph, and date of birth:

 

a.  A driver’s license;

 

b.  A government-issued identification card;

 

c.  A military identification card; or

 

d.  A passport;

 

(3)  The documents in (1) and (2) above shall show the same name and date of birth; and

 

(4)  The ATC technician shall verify that the qualifying patient or designated caregiver’s registry identification number is on the list of active registry identification numbers provided to the ATC and updated by the department in accordance with He-C 402.10(p).

 

          (d)  The ATC shall not dispense cannabis or CIP to a qualifying patient who is a minor. Instead, cannabis or CIP intended for a minor qualifying patient shall only be dispensed to the patient’s designated caregiver.

 

          (e)  The ATC shall limit the amount of cannabis or CIP dispensed to a qualifying patient, or through his or her designated caregiver, or to a visiting qualifying patient, as follows:

 

(1)  A qualifying patient or a visiting qualifying patient shall not obtain more than 2 ounces of usable cannabis during any 10-day period;

 

(2)  The ATC technician shall consult the ATC’s records to verify that the dispensing of the cannabis would not cause the qualifying patient or visiting qualifying patient to receive more cannabis than is permitted in (1) above;

 

(3)  The ATC technician shall document each dispensing of cannabis or CIP by maintaining a transaction record that includes, at a minimum:

 

a.  The date, time, and amount of cannabis or CIP dispensed and amount paid;

 

b.  The type, strain, and batch number of cannabis or CIP dispensed;

 

c.  The registry identification number of the qualifying patient and that of the designated caregiver if dispensed to the caregiver, or of the visiting qualifying patient; and

 

d.  The name of the ATC technician who performed the transaction; and

 

(4)  The ATC shall provide the qualifying patient or designated caregiver with information about the patient’s remaining allotment of usable cannabis as of the date of purchase.

 

          (f)  When dispensing cannabis or CIP, an ATC shall follow any instructions or recommendations provided by the qualifying patient’s certifying provider in accordance with He-C 401.06(b)(6). An ATC may, with the patient’s signed authorization, communicate with the patient’s certifying provider in order to solicit and receive updated written dispensing recommendations or instructions.

 

          (g)  With each dispensing of cannabis or CIP, the ATC shall make available to the qualifying patient, designated caregiver, or visiting qualifying patient, at a minimum:

 

(1)  The educational materials described in He-C 402.21; and

 

(2)  Upon request, a list of cannabis and CIP purchases, including the amount of usable cannabis dispensed, by date, to help ensure that they do not obtain more than 2 ounces of cannabis from any ATC in any 10-day period.

 

          (h)  An ATC technician who is also a designated caregiver or qualifying patient shall not dispense cannabis to him or herself.

 

          (i)  An ATC shall maintain and implement a policy on dispensing cannabis to designated caregivers that includes:

 

(1)  Procedures for contacting the qualifying patient upon the first dispensing to the patient’s caregiver in order to confirm that the cannabis and CIP purchased by the caregiver was received by the patient;

 

(2)  Procedures for periodically contacting the patient upon subsequent purchases to confirm the information in (1) above;

 

(3)  Exceptions related to minor patients and incapacitated patients who may not be able to confirm this information and related to any patient who does not want to be contacted; and

 

(4)  Maintenance of documentation of compliance.

 

          (j)  The following shall apply to the dispensing of cannabis and CIP to a visiting qualifying patient:

 

(1)  An ATC shall develop and implement written policies and operating procedures relative to dispensing cannabis and CIP to visiting qualifying patients, including procedures for verification of out-of-state registry identification cards, dispensing, and record keeping;

 

(2)  An ATC shall not dispense to a visiting qualifying patient more than 3 times in a 12-month period unless the visiting qualifying patient produces documentation from his or her health care provider, such as a signed statement, medical records, a written certification or equivalent, or a form required by the ATC, stating that the visiting qualifying patient has a qualifying medical condition as defined in RSA 126-X:1, IX, with such documentation being maintained in the visiting qualifying patient record;

 

(3)  An ATC shall verify a visiting qualifying patient’s registry identification card, or equivalent, as follows:

 

a.  The registry identification card shall:

 

1.  Be issued by another state, district, territory, commonwealth, or insular possession of the United States, or under the laws of Canada, that allows, in the jurisdiction of issuance, that person to possess cannabis for therapeutic purposes;

 

2.  Show dates that indicate that it is effective and not expired;

 

3.  Show the same name and date of birth as the valid proof of identification required in (c)(2) above;

 

4.  Match the format, design, and security features of registry identification cards issued in the jurisdiction of issuance; and

 

5.  Not be a picture of a registry identification card;

 

b.  An ATC shall not dispense to a visiting qualifying patient if the registry identification card produced does not meet the requirements in a. above; and

 

c.  An ATC shall not be required to dispense to a visiting qualifying patient if the authenticity of the registry identification card or health care provider statement produced is in question;

 

(4)  An ATC shall use the registry identification number that appears on the visiting qualifying patient’s registry identification card, or equivalent, for the purposes of dispensing and record keeping, except that if the verified registry identification card, or equivalent, does not contain a registry identification number then the ATC shall issue the equivalent of a registry identification number that matches the number that is on the proof of identification required in (c)(2) above;

 

(5)  An ATC shall not dispense to a visiting qualifying patient’s designated caregiver;

 

(6)  An ATC may dispense to a visiting qualifying patient who is a minor, as follows:

 

a.  The minor visiting qualifying patient shall be accompanied by the minor’s parent or legal guardian;

 

b.  The parent or legal guardian shall produce valid proof of identification required in (c)(2) above; and

 

c.  If the minor visiting qualifying patient cannot also produce valid proof of identification required in (c)(2) above, then:

 

1.  The requirement in (3)a.3. above shall not apply; and

 

2.  The requirement in (4) above shall apply relative to the proof of identification produced by the minor’s parent or legal guardian; and

 

(7)  Requirements in the following sections that apply to qualifying patients shall also apply to visiting qualifying patients:

 

a.  He-C 402.19, Packaging and Labeling Requirements;

 

b.  He-C 402.21, Educational Requirements; and

 

c.  He-C 402.25, Confidentiality.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.21  Educational Requirements.

 

          (a)  An ATC shall maintain and make available educational materials about cannabis and CIP and their use to qualifying patients, their designated caregivers, their certifying providers, and visiting qualifying patients.

 

          (b)  Each ATC shall have an adequate supply of current educational materials available for distribution to registered qualifying patients and their designated caregivers, and visiting qualifying patients, including any materials supplied by the department to be made available.

 

          (c)  Educational materials shall be available for inspection by the department upon request.

 

          (d)  The educational materials shall include, at a minimum, information about the following:

 

(1)  Strains of cannabis, routes of administration, and their different effects in order to assist in the selection of prepared cannabis;

 

(2)  How to achieve proper dosage for different routes of administration with an emphasis on using the smallest amount of cannabis possible to achieve the desired effect, and the impact of potency;

 

(3)  Substance use disorder information on tolerance, dependence, and withdrawal, with an emphasis on cannabis use disorder;

 

(4)  Substance misuse signs and symptoms;

 

(5)  Referral information to substance use treatment programs;

 

(6)  Possible side effects from the use of cannabis for therapeutic purposes;

 

(7)  The extent to which the ATC’s cannabis and CIP meet or do not meet organic certification standards, other information concerning organic growing methods used by the ATC, and information concerning other methods used for cultivation and processing;

 

(8)  The warning information required to be included on the label as per He-C 402.19(d)(1)j. and k. and (d)(2)h;

 

(9)  The potential for contaminants in cannabis and CIP, the limitations of testing protocols in identifying such contaminants, and the associated health risks of consuming such contaminants, with an emphasis on cannabis flower and discouraging the inhalation of combusted cannabis particularly by immunocompromised patients;

 

(10)  Information about the risks of cannabis use during pregnancy and while breastfeeding, as outlined by the therapeutic cannabis medical oversight board, including the posting of an informational poster regarding the risks of cannabis use during pregnancy and while breastfeeding in a conspicuous location at the ATC’s dispensary locations;

 

(11)  Information regarding safe storage and disposal of cannabis, CIP, and paraphernalia to prevent accidental poisonings, including the contact information for the Northern New England Poison Control Center;

 

(12)  Information about the risks of cannabis use in adolescence as outlined by the therapeutic cannabis medical oversight board, including the posting of an informational poster on the risks of cannabis use in adolescence in a conspicuous location at the ATC’s dispensary locations; and

 

(13)  Therapeutic cannabis program rules and laws, including He-C 401, He-C 402, and RSA 126-X.

 

          (e)  The materials in (d) above shall be available in languages accessible to all patients served by the ATC including for the visually and hearing impaired, to the extent practicable.

 

          (f)  ATCs shall offer tracking sheets to qualifying patients and their designated caregivers to keep track of the strains of cannabis used, the form of prepared cannabis used, and the effects of cannabis and CIP used.

 

          (g)  ATCs shall keep a record for each qualifying patient, which includes:

 

(1)  The strains of cannabis dispensed, including potency; and

 

(2)  The form of prepared cannabis or CIP dispensed.

 

          (h)  In addition to the information in (g) above, the ATC shall collect data from each qualifying patient who is willing to provide it regarding:

 

(1)  Strains used and routes of administration as they relate to qualifying medical conditions and symptoms;

 

(2)  Any side effects experienced;

 

(3)  Therapeutic effectiveness;

 

(4)  Overall satisfaction with the ATC and therapeutic cannabis program in general; and

 

(5)  Other efficacy and use surveys, as directed by the department, upon a qualifying patient’s intake and at periodic and regular intervals.

 

          (i)  The ATC shall develop and implement a policy designed to increase the participation of qualifying patients in the activities described in (h) above.

 

          (j)  The data collected under (g) and (h) above shall be maintained using the qualifying patient’s registry identification number and shall be made available to the department upon request.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A; eff 6-26-23

 

          He-C 402.22  Cannabis Waste Disposal Requirements.

 

          (a)  Cannabis waste shall be stored, secured, and managed in accordance with all applicable state and local statutes, regulations, ordinances, or other requirements.

 

          (b)  Disposal of hazardous and chemical waste shall be conducted in a manner consistent with federal, state, and local laws.

 

          (c)  Cannabis waste shall be rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, prior to leaving the registered premises.

 

          (d)  Notwithstanding (c) above, when the ATC has separate dispensing and cultivation locations, cannabis waste from a dispensing location shall be first transported to the ATC’s cultivation location for proper rendering and disposal.

 

          (e)  Cannabis waste shall be rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, and disposed of as follows:

 

(1)  Previously and potentially usable cannabis that is determined to be cannabis waste shall be ground so that it is unrecognizable;

 

(2)  Cannabis waste shall be incorporated with non-consumable wastes listed below such that the resulting mixture is at least 50 percent non-cannabis waste:

 

a.  Paper waste;

 

b.  Plastic waste;

 

c.  Cardboard waste;

 

d.  Food waste;

 

e.  Grease or other compostable oil waste;

 

f.  Bokashi, or other compost activators;

 

g. Other wastes that will render the cannabis waste unusable and unrecognizable as cannabis; or

 

h.  Soil; and

 

(3)  After the cannabis waste is made unusable and, if applicable, unrecognizable, the rendered waste shall be:

 

a.  Disposed of at a legal state-approved solid waste site and disposal facility;

 

b.  Deposited at a state-approved compost facility; or

 

c.  Composted on-site at a facility owned by the generator of the waste.

 

          (f)  An ATC shall not dispose of cannabis waste in an unsecured waste receptacle not in possession and control of the ATC.

 

          (g)  An ATC shall accept at no charge unused, excess, or contaminated cannabis and CIP from a registered qualifying patient or designated caregiver, and shall destroy it as provided in (e) above, and shall maintain a written record of such disposal, including the name of the supplying registered qualifying patient or designated caregiver as applicable, as well as the date, the quantity, and type of cannabis or CIP returned.

 

          (h)  When cannabis waste is disposed of, the ATC shall create and maintain a written record of the date, the type and quantity, and the names of the person(s) conducting the disposal. ATCs shall keep disposal records for at least 4 years.

 

          (i)  Disposal of previously or potentially usable cannabis shall be conducted by no less than 2 ATC employees.

 

          (j)  Cannabis waste, excluding the roots or root ball and stalks of the cannabis plant, shall be included in the overall inventory of cannabis possessed by the ATC, but shall not be included in the maximum allowed cannabis inventory limits.

 

          (k)  Cannabis waste that has been rendered unusable, and in the case of previously or potentially usable cannabis, unrecognizable, shall be permitted to be transported, including by an independent contractor, to the locations described in (e)(3)a. and b. above without meeting the requirements of He-C 402.11.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.23  Advertising Restrictions.

 

          (a)  An ATC shall be prohibited from advertising its products or services except as allowed in this section.

 

          (b)  The following shall not be considered advertising and shall be allowed:

 

(1)  A business name and logo to be used in labeling, signage, and other materials, however, the use of medical symbols, images of cannabis or cannabis products, paraphernalia, and colloquial references to cannabis or marijuana shall be prohibited from use in the business name or logo;

 

(2)  An exterior sign on the ATC building or property, which displays the business name and logo, the type of business including the words “therapeutic cannabis dispensary,” and which meets the following additional requirements:

 

a.  Such signage shall be designed to assist qualifying patients and designated caregivers to find the ATC without drawing undue attention to the ATC such as through the use of flashing lights;

 

b.  Such signage shall not be illuminated during non-business hours; and

 

c.  A second location for cultivation and processing which is separate from the dispensary location of the ATC shall not be permitted to have an exterior sign;

 

(3)  A listing in a phone book, business directory, search engine, or other place where it is reasonable for a business to maintain an informational presence of its existence, and a description of the nature of the business;

 

(4)  An ATC may maintain a website and social media site(s) for its business, which may contain the following information:

 

a.  ATC name and dispensary location;

 

b.  Contact information;

 

c.  Hours of operation;

 

d.  Services provided;

 

e.  Strains of cannabis available, except that brand names or commercial names of cannabis strains shall not be used on social media sites;

 

f.  Products available;

 

g.  Prices of products, including any available discounts on products;

 

h.  Educational material, including information as described in He-C 402.21 and information regarding the department’s therapeutic cannabis program in general; and

 

i.  Any other information related to the ATC that is not intended to induce, directly or indirectly, the purchase of cannabis by persons who are not qualifying patients or designated caregivers;

 

(5)  The sites in (4) above shall be age-restricted in order to discourage minors from accessing the sites. The use of social media sites that cannot be age-restricted for this purpose shall be prohibited;

 

(6)  Direct mail, text messaging, and e-mail communication, including electronic newsletters, to qualifying patients, designated caregivers, visiting qualifying patients, and other non-minor age individuals who sign up to receive such communications, containing information permitted by (4) above;

 

(7)  Communication and engagement for educational purposes with providers, community leaders, and state and local officials, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21; and

 

(8)  Communication and engagement with the community for educational purposes or promotion of charitable partnerships, including the dissemination of information permitted by (4) above and educational materials described in He-C 402.21, as follows:

 

a.  With in-state and out-of-state media outlets for interviews with radio, print, television, and podcasts;

 

b.  Hosting and participating in public events, including the listing of such events in places where it is reasonable for a business to do so; and

 

c.  In or at cannabis industry-specific print media or events, respectively.

 

          (c)  Those activities and materials described in (b) above shall be subject to review by the department upon request.

 

          (d)  An ATC shall not specifically direct the materials and activities allowed in (b) above to minors, or to persons 25 years of age or younger who are not qualifying patients or designated caregivers except for (b)(6) above, and shall make reasonable efforts to limit the exposure of such persons to these allowed materials and activities. However, incidental exposure to such materials and activities by such persons shall not be considered a violation of these rules.

 

          (e)  The interior of the registered premises, except for non-dispensing areas of an ATC’s dispensary locations, like a lobby, shall not be visible to public viewing from the exterior of the building or premises. This shall not prevent images of the interior of the ATC to be utilized by the ATC, on its website or social media sites or for other viewing, as long as the images do not include qualifying patients or designated caregivers, without their written consent, or security features which might compromise the security of the ATC.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.24  Security Requirements.

 

          (a)  An ATC shall implement security measures to deter and prevent unauthorized entrance into areas containing cannabis or CIP and to prevent diversion, loss, and theft of cannabis or CIP at the ATC or during transport of cannabis or CIP.

 

          (b)  Security measures to protect the registered premises, registered qualifying patients, designated caregivers, and agents of the ATC shall include but are not limited to the following:

 

(1)  The ATC shall limit access to the registered premises as described in (c) and (g) below;

 

(2)  The ATC shall establish limited access areas accessible only to specifically authorized personnel, and only to the number of employees or ATC agents essential for efficient operation;

 

(3)  The ATC shall dispose of all cannabis waste including unused portions of the plant, contaminated cannabis product, and excess cannabis in accordance with He-C 402.22;

 

(4)  The ATC shall store all finished cannabis in a secure, locked safe, vault, or storage unit in such a manner as to prevent diversion, theft, and loss;

 

(5)  The ATC shall keep all safes, vaults, storage units, and any other equipment or areas used for the production, cultivation, harvesting, processing, or storage of cannabis and CIP securely locked and protected from entry, except for the actual time required to remove or replace cannabis;

 

(6)  The ATC shall keep all locks and security equipment in good working order;

 

(7)  Keys, and other access devices, as applicable, shall not be left in the locks, or stored or placed in a location accessible to persons other than specifically authorized personnel;

 

(8)  The ATC shall prohibit accessibility of security measures, such as combination numbers, passwords, or electronic or biometric security systems, to persons other than specifically authorized personnel;

 

(9)  The outside perimeter of the ATC shall be sufficiently lit to facilitate surveillance;

 

(10)  The ATC shall ensure that trees, bushes, and other foliage outside of the registered premises do not allow for a person or persons to conceal themselves from sight;

 

(11)  The ATC shall develop emergency policies and procedures for securing all product following any instance of diversion, theft, or loss of cannabis or CIP, and conduct an assessment to determine whether additional safeguards are necessary; and

 

(12)  The ATC shall develop additional safeguards as directed by the department for registered premises or areas of operations that present security concerns.

 

          (c)  An ATC shall not permit any person to enter the ATC unless:

 

(1)  Such person is an ATC employee, is on duty, and is visibly displaying his or her badge;

 

(2)  Such person is an ATC volunteer, is on duty, and is visibly displaying his or her badge;

 

(3)  Such person is an ATC agent, not including those in (1) and (2) above, such as a board member or corporate officer, who is logged in, escorted, and is displaying a visitor badge, in accordance with (e)(3) and (f) below;

 

(4)  Such person is a qualifying patient or designated caregiver possessing a registry identification card issued by the department pursuant to He-C 401, or is a visiting qualifying patient possessing a valid registry identification card or its equivalent, and whose access shall be limited to the dispensing area of the ATC;

 

(5)  Such person is accompanying a qualifying patient while in the dispensing area of the ATC, and who:

 

a.  Shall not be required to be a qualifying patient or a designated caregiver;

 

b.  Shall not be a minor;

 

c.  Shall be required to comply with (e)(3) below, except that the person does not need an individual escort, and (f) below;

 

d.  Shall be subject to the ATC’s policy on such visitors, including a policy that may prohibit or otherwise limit such visitors from accessing the ATC; and

 

e.  Shall be the only visitor accompanying the qualifying patient at any one time;

 

(6)  Such person is an outside vendor or contractor whose responsibilities require access to the ATC and then only to the specific areas necessary and for only as long as necessary to perform the person’s job duties. For the purposes of this rule, an outside vendor or contractor means an individual who requires temporary access to the registered premises for a specific purpose, such as to perform construction or maintenance, to conduct system repairs or inspection, or to perform employee training;

 

(7)  Such person is authorized by law, rule, or in writing by the department to be in the registered premises;

 

(8)  Such person(s) are emergency responders in the course of responding to an emergency and the ATC documents the names, times, and dates of each responder at the time of the incident or as soon as is practicable after the emergency, as required by the incident report in He-C 402.10(n); or

 

(9)  Such person is a prospective ATC employee or volunteer and the reason for entry to the ATC is for interviewing purposes.

 

          (d)  The requirements of (c) above shall not be construed to prohibit access to:

 

(1)  Authorized law enforcement personnel or state or local officials acting within their lawful jurisdiction. For the purpose of this rule, “jurisdiction” means general authority and is not limited to only geographic area; or

 

(2)  The general public, excluding minors, in areas of the ATC’s dispensary locations that are not dispensing areas, such as the lobby or consultation rooms.

 

          (e)  The ATC shall document:

 

(1)  The dates and times that all agents are either in the registered premises or offsite transporting cannabis or CIP;

 

(2)  The registry identification numbers, dates, and times that all registered qualifying patients and designated caregivers, and visiting qualifying patients, are in the registered premises for either education or purchase of cannabis or CIP;

 

(3)  Access to the registered premises by persons authorized by (c)(2), (3) and (5)-(9), or (d)(1) above, including the name, signature, date, time in and out, purpose of the visit, to include sufficient information to demonstrate compliance with (c) or (d)(1) above, and the name of the employee providing escort;

 

(4)  The signature and employee escort requirements in (3) above shall not apply for emergency responders in the event of a reportable incident; and

 

(5)  The employee escort requirement in (3) above shall not apply for visitors described in (c)(5) above.

 

          (f)  For all authorized persons who do not have either a registry identification card, or its equivalent for visiting qualifying patients, or an employee or volunteer identification badge issued by the ATC, except for emergency responders in the event of a reportable incident and those persons described in (d) above, the ATC shall:

 

(1)  Issue a temporary visitor’s badge that shall be worn for the duration of the visit to the ATC and returned prior to exit; and

 

(2)  Provide an ATC employee who shall escort the authorized person(s) at all times while they are in the limited access areas of the registered premises, except that this shall not apply to visitors described in (c)(5) above.

 

          (g)  The limited access areas described in (b)(2) above shall be identified by the posting of a sign that shall be a minimum of 12” X 12” and which states: “Do Not Enter – Limited Access Area – Access Limited to Authorized Personnel Only” in lettering no smaller than one inch in height.

 

          (h)  An ATC shall have a security system designed to prevent and detect diversion, theft, or loss of cannabis and unauthorized intrusion, which shall, at a minimum, include:

 

(1)  A perimeter alarm on all entry points and perimeter windows;

 

(2)  A failure notification system that provides an audible, text, or visual notification of any failure in the surveillance system which alerts designated employees of the ATC within 5 minutes after the failure, either by telephone, email, or text message;

 

(3)  A duress alarm, panic alarm, and holdup alarm connected to local public safety or law enforcement authorities or to an alarm monitoring company;

 

(4)  Video cameras in all areas that may contain cannabis, at all points of entry and exit, on the entrance to the video surveillance room, and in any parking lot, which shall be appropriate for the normal lighting conditions of the area under surveillance. The cameras shall be directed at all safes, vaults, sales areas, and areas where cannabis is cultivated, harvested, processed, prepared, stored, handled, or dispensed. Cameras shall be angled in such a way as to minimize blind spots and to capture clear and certain identification of any person entering or exiting the ATC or area;

 

(5)  Continuous 24-hour recordings from all video cameras that are available for immediate viewing by the department upon request and that are retained for at least 90 calendar days. Recordings shall not be destroyed or altered, and shall be retained as long as necessary if the ATC is made aware of a pending criminal, civil, or administrative investigation, or legal proceeding for which the recording might contain relevant information;

 

(6)  The ability to immediately produce a clear, color, still photo either live or from a recording;

 

(7)  A date and time stamp embedded on all recordings which shall be synchronized, set correctly, and shall not obscure the picture;

 

(8)  A video recording that allows for the exporting of still images in an industry standard image format, including .jpg, .bmp, and .gif. Exported video shall have the ability to be archived in a proprietary format that ensures authentication of the video and guarantees that no alteration of the recorded image has taken place. Exported video shall also have the ability to be saved in an industry standard file format that can be played on a standard computer operating system. All recordings shall be erased or destroyed prior to disposal; and

 

(9)  The functionality that the security system shall remain operational during a power outage.

 

          (i)  In addition to the requirements listed in (h) above, each registered premises shall have a backup alarm system that shall detect unauthorized entry during times when the registered premises are closed and that shall be provided by a company which shall not be the same company providing the primary security system, or shall demonstrate alternative safeguards sufficient to ensure continuous operation of the primary alarm system.

 

          (j)  All security system equipment and recordings shall be maintained in a secure location so as to prevent theft, loss, destruction, and alterations, access to which shall be limited to persons that are essential to security operations, including security system personnel.

 

          (k)  A current list of authorized employees and service personnel that have access to the surveillance room and to camera footage while onsite or when remote shall be available to the department upon request. 

 

          (l)  All video surveillance records, including recordings of point-of-sale areas, shall be confidential, except that the ATC may provide such records and recordings, with notice to the department, to state or local law enforcement agency(s) acting within their lawful jurisdiction and if requested in connection with a law enforcement investigation or proceeding, or pursuant to a court order, or to the department.

 

          (m)  All policies, procedures, practices, plans, and physical layout pertaining to security, and the address of a second site for cultivation and processing if separate from the dispensary location, shall be confidential except that they shall be provided to the department upon request and as otherwise allowed by He-C 402.

 

          (n)  All security equipment shall be in good working order and shall be inspected and tested at regular intervals of at least every 30 calendar days, and at least twice per year by employees of the ATC’s security company.

 

          (o)  Documentation of the inspection and testing in (n) above shall be maintained by the ATC.

 

          (p)  At all points of ingress and egress, the ATC shall ensure the use of commercial-grade, non-residential door locks.

 

          (q)  ATCs shall develop written security protocols which they shall share with local police department(s) having jurisdiction at the address(es) of the registered premises. The ATC shall document the efforts made to engage local police departments.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.25  Confidentiality.

 

          (a)  All individually identifiable patient health or cannabis information which an ATC creates, receives, maintains, or transmits in an electronic form shall be deemed protected health care information for the purposes of the federal Health Insurance Portability and Accountability Act of 1996 as amended.

 

          (b)  All information held by the ATC which identifies certifying providers, registered qualifying patients, and designated caregivers shall be confidential pursuant to RSA 126-X and shall not be released except as provided by (e) below.

 

          (c)  The ATC shall have an electronic record keeping system that provides password protected restricted access to confidential information to only those ATC technicians who require access to perform the duties of their position.

 

          (d)  The electronic record keeping system in (c) above shall at a minimum:

 

(1)  Be structured so that dispensing, data collection records, and any product effectiveness records shall be tracked according to qualifying patients’ registry identification numbers to protect their confidentiality; and

 

(2)  Have the capability of pairing the registry identification numbers with registered qualifying patient demographics when necessary to send reports to persons as identified by (e) below, such as providers.

 

          (e)  Information held by the ATC about registered qualifying patients, designated caregivers, and certifying providers may be released by the ATC to:

 

(1)  The subject individual to whom the information applies, his or her designated caregiver, or his or her authorized representative;

 

(2)  Persons designated in writing by the registered qualifying patient;

 

(3)  Department staff for the purpose of carrying out official duties; and

 

(4)  An individual or entity pursuant to an order from a court of competent jurisdiction.

 

          (f)  All ATC agents shall sign a statement of confidentiality that they have read and understand the policies required by He-C 402.09(b)(12) prior to the start of any duties within the ATC.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.26  Waivers.

 

          (a)  Applicants or ATCs seeking waivers of specific rules in He-C 402 shall submit a written request for a waiver to the department that includes:

 

(1)  The specific reference to the rule for which a waiver is being sought;

 

(2)  A full explanation of why a waiver is necessary, and, if applicable, a proposed alternative;

 

(3)  How the granting of the waiver would not negatively impact the health, safety, and well-being of qualifying patients and the public and would not negatively affect the quality of services provided to qualifying patients; and

 

(4)  The period of time for which the waiver is sought.

 

          (b)  No provision of statute shall be waived by the department.

 

          (c)  A request for waiver shall be granted if the department determines that the alternative proposed by the applicant or ATC:

 

(1)  Meets the objective or intent of the rule;

 

(2)  Does not negatively impact the health, safety, or well-being of the qualifying patients or public; and

 

(3)  Does not negatively affect the quality of qualifying patient services.

 

          (d) The ATC’s subsequent compliance with the alternatives approved in the waiver shall be considered equivalent to complying with the rule from which waiver was sought.

 

          (e)  Waivers shall not be transferable.

 

          (f)  When an ATC wishes to renew a waiver beyond the approved period of time, the ATC shall apply for a new waiver by submitting the information required by (a) above, and any other relevant information that supports the continuation of the waiver:

 

(1)  When the ATC submits its application for registration renewal pursuant to He-C 402.06(b) and (c); or

 

(2)  At least 30 days prior to the expiration of the waiver if the waiver expires on a date other than the expiration date of the registration.

 

          (g)  The request to renew a waiver shall be subject to (b) through (f) above.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.27  Complaints.

 

          (a)  The department shall investigate complaints that allege a violation of RSA 126-X or He-C 402.

 

          (b)  Complaints that allege that an individual or entity is operating as an ATC without being registered shall be turned over to the state or local law enforcement.

 

          (c)  When practicable the complaint shall be in writing and contain the following information:

 

(1)  The name and address of the ATC, or the alleged unregistered individual or entity;

 

(2)  The name, address, and telephone number of the complainant; and

 

(3)  A description of the allegations that supports the complaint and the alleged violation(s) of RSA 126-X or He-C 402.

 

          (d)  For an ATC, the department shall:

 

(1)  Provide written notification of the results of the investigation to the ATC along with a statement of findings if areas of noncompliance were found as a result of the investigation; and

 

(2)  Notify any other state or local agencies of suspected violations of their statutes or rules based on the results of the investigation, as appropriate.

 

          (e)  If the investigation results in areas of noncompliance being cited, the ATC shall be subject to an administrative remedy in accordance with He-C 402.29 and an enforcement action in accordance with He-C 402.30.

 

          (f)  Any statement of findings issued as a result of a complaint investigation shall be considered public information, however, complaint investigation files shall be confidential in accordance with RSA 126-X, and shall not be disclosed publicly.

 

          (g)  Such files shall be released by the department on written request only:

 

(1)  To the department of justice when relevant to a specific investigation;

 

(2)  To law enforcement when relevant to a specific criminal investigation;

 

(3)  When a court of competent jurisdiction orders the department to release such information; or

 

(4) When used by the department as exhibits in prosecuting an enforcement action in an administrative or judicial hearing.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.28  Inspections.

 

          (a)  For the purpose of determining compliance with RSA 126-X and He-C 402, as authorized by RSA 126-X:7, IX, the ATC shall admit and allow any authorized department representative at any time to inspect the following:

 

(1)  The registered premises;

 

(2)  All programs and services provided by the ATC; and

 

(3)  Any records required by RSA 126-X or He-C 402.

 

          (b)  At a minimum, the department shall conduct an inspection to determine full compliance with RSA 126-X and He-C 402, prior to:

 

(1)  The issuance of an initial registration;

 

(2)  Resumption of business after a change in the physical location of the ATC;

 

(3)  Occupation of space after construction, renovations, or alterations; or

 

(4)  The renewal of a registration.

 

          (c) In addition to (b) above, the department shall conduct an inspection, as needed, to verify the implementation of any POC accepted or issued by the department, to investigate complaints, and to conduct compliance monitoring.

 

          (d) A statement of findings shall be issued when, as a result of any inspection, complaint, or monitoring, the department determines that the ATC is in violation of or not in compliance with any of the provisions of He-C 402, RSA 126-X, or any applicable code.

 

          (e)  If the inspection results in areas of noncompliance being cited, the ATC shall be subject to a plan of correction in accordance with He-C 402.29, an enforcement action in accordance with He-C 402.30, or both.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.29  Plans of Correction.

 

          (a)  When the department issues a statement of findings, the ATC shall submit a POC that addresses the areas of noncompliance cited in the statement.

 

          (b)  A POC shall be developed and enforced in the following manner:

 

(1)  Upon receipt of a statement of findings, the ATC shall submit a POC containing:

 

a.  How the ATC intends to correct each area of noncompliance;

 

b. What corrective action will be implemented and maintained to ensure that the noncompliance does not recur; and

 

c.  The date by which each area of noncompliance shall be corrected;

 

(2)  The ATC shall submit a POC to the department within 21 calendar days of the date on the cover letter that transmitted the statement of findings unless the ATC requests, either verbally or in writing, and the department agrees, to extend that deadline, based on the following criteria:

 

a.  The ATC demonstrates that it has made a good faith effort to develop and submit the POC within the 21 calendar day period but has been unable to do so; and

 

b.  The department determines that the health, safety, or well-being of qualifying patients or the public will not be jeopardized as a result of granting the extension;

 

(3)  The department shall review and accept each POC that:

 

a.  Will achieve compliance with RSA 126-X and He-C 402;

 

b.  Corrects all areas of noncompliance as cited in the statement of findings;

 

c. Does not create a new violation of RSA 126-X or He-C 402 as a result of the implementation of the POC; and

 

d.  Specifies the date upon which the deficiencies will be corrected;

 

(4)  If the POC is acceptable, the department shall issue a registration certificate or provide written notification of acceptance of the POC, whichever is applicable;

 

(5)  If the POC is not acceptable:

 

a.  The department shall notify the ATC in writing of the reason for rejecting the POC;

 

b. The ATC shall develop and submit a revised POC within 14 days of the date of the written notification from the department that states the original POC was rejected unless, within the 14 day period, the ATC requests an extension, either verbally or in writing, and the department grants the extension, based on the following criteria:

 

1.  The ATC demonstrates that it has made a good faith effort to develop and submit the POC within the 14 day period but has been unable to do so; and

 

2.  The department determines that the health, safety or well-being of qualifying patients or the public will not be jeopardized as a result of granting the waiver;

 

c.  The revised POC shall comply with (b)(1) above and be reviewed in accordance with (b)(3) above; and

 

d.  If the revised POC is not acceptable to the department, or is not submitted within 14 days of the date of the written notification from the department that states the original POC was rejected, the ATC shall be subject to a directed POC in accordance with (c) below and a fine in accordance with He-C 402.30(c)(9);

 

(6)  The department shall verify the implementation of any POC that has been submitted and accepted by:

 

a.  Reviewing materials submitted by the ATC;

 

b.  Conducting a follow-up inspection; or

 

c.  Reviewing compliance during the next annual inspection;

 

(7)  Verification of the implementation of any POC shall only occur after the date of completion specified by the ATC in the plan; and

 

(8)  If the POC or revised POC has not been implemented by the completion date at the time of the next inspection, the ATC shall be issued a directed POC in accordance with (c) below and shall be subject to a fine, as appropriate, in accordance with He-C 402.30(c)(10).

 

          (c)  The department shall develop and impose a directed POC that specifies corrective actions for the applicant or ATC to implement when:

 

(1)  As a result of an inspection, investigation, or compliance monitoring, areas of noncompliance were identified that require immediate corrective action to protect the health and safety of the qualifying patients, designated caregivers, ATC agents, or the public;

 

(2)  A POC is not submitted within 21 days of the written notification from the department;

 

(3) A revised POC is not submitted within 14 days of the written notification from the department; or

 

(4)  A revised POC submitted by the ATC has not been accepted.

 

          (d)  If at the time of the next inspection the directed POC referenced in (c) above has not been implemented by the completion date stated in the directed POC, the department shall, as appropriate:

 

(1)  Impose a fine;

 

(2)  Deny the application for a renewal of a registration; or

 

(3)  Revoke the registration in accordance with He-C 402.30.

 

          (e)  The department shall offer an opportunity for informal dispute resolution to any registrant who disagrees with an area of noncompliance cited by the department on a statement of findings, provided that the registrant submits a written request for an informal dispute resolution.

 

          (f)  The informal dispute resolution shall be requested in writing by the registrant no later than 14 days from the date the statement of findings was issued by the department.

 

          (g)  The department shall review the evidence presented and provide a written notice to the registrant of its decision.

 

          (h)  An informal dispute resolution shall not be available for any registrant against whom the department has initiated action to impose a fine, suspend, revoke, deny or refuse to issue or renew a registration.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.30  Enforcement Actions and Hearings.

 

          (a)  The department shall impose enforcement actions for violations of RSA 126-X or He-C 402 including:

 

(1)  Imposing administrative fines upon an ATC;

 

(2)  Denying an application for an ATC registration; or

 

(3)  Revocation of a registration certificate.

 

          (b)  When taking enforcement action against an applicant or registrant, the department shall send to the applicant or registrant a written notice that sets forth:

 

(1)  The action to be taken by the department;

 

(2)  The reasons for the proposed action;

 

(3)  The right of an applicant or registrant to a hearing in accordance with RSA 541-A:30, III, or He-C 200, as applicable, before the enforcement action becomes final; and

 

(4)  The automatic reduction of a fine by 25% if the fine is paid within 10 days of the date on the written notice from the department and the area of noncompliance has been corrected, or a POC has been accepted and approved by the department.

 

          (c)  The department shall impose fines as follows:

 

(1)  For a failure to cease operations after a registration is revoked or after receipt of an order to cease and desist immediately, in violation of RSA 126-X:7, VII and VIII, and RSA 541-A:30, the fine for an applicant or an ATC shall be $2000.00 for each day operations continue following the effective date of the order of revocation or the issuance of the cease and desist order;

 

(2)  For violating the advertising restrictions or requirements of He-C 402.23, the fine for an applicant or ATC shall be $2000.00;

 

(3)  For a failure to submit a renewal application for a registration at least 120 days prior to the expiration date, in violation of He-C 402.06(b), the fine for an ATC shall be $1000.00;

 

(4)  For failure to submit the required annual fee within 30 days of the department’s notice stating the balance due, in violation of He-C 402.04(n), the fine for an ATC shall be $500;

 

(5)  For the use or possession of any chemical prohibited in He-C 402.34, or the use of any chemical not permitted under He-C 402.14(e), the fine shall be $2000.00 for each chemical used or possessed;

 

(6)  For a failure to notify the department of closure or cessation of services at least 60 days prior to the intended closure, in violation of He-C 402.07(p)(1), the fine for an ATC shall be $5000.00;

 

(7)  For a failure to notify the department prior to a change in physical location, in violation of He-C 402.07(c), the fine for an ATC shall be $2000.00 per day from the effective date of the change in location until the date the department learns of the change;

 

(8)  For a failure to allow access by the department to the ATC’s registered premises, programs, services, or records, in violation of He-C 402.28(a), the fine for an applicant or ATC shall be $10,000.00;

 

(9)  For a failure to submit a POC or revised POC, within 21 or 14 days, respectively, of the date on the letter that transmits the statement of findings, in violation of He-C 402.29(b)(2) and (5), the fine for an ATC shall be $1000.00;

 

(10)  For a failure to implement any POC that has been accepted or issued by the department, in violation of He-C 402.29(b)(8), the fine for an ATC shall be $2000.00;

 

(11)  For the commission of any act prohibited under He-C 402.08, the fine for an ATC shall be $2000.00;

 

(12)  For a failure to establish, implement, or comply with ATC policies, as required by He-C 402.09(b), the fine for an ATC shall be $1000.00 per policy not established, implemented, or complied with;

 

(13)  For exceeding inventory capacity, in violation of He-C 402.13, the fine for an ATC shall be $3000.00;

 

(14)  For providing false, misleading, or deceptive information to the department including verbally to agents of the department, on an application, or on any records required to be maintained by the ATC, in violation of He-C 402.32, the fine for an applicant or ATC shall be $5000.00 per offense;

 

(15)  For making false, misleading, or deceptive representations to the public, the fine shall be $1000.00;

 

(16)  For not employing a qualified administrator or for employing an administrator or other personnel who do not meet the qualifications for the position, in violation of He-C 402.31, the fine for an ATC shall be $1000.00;

 

(17)  For engaging an ATC agent who has a felony conviction, in violation of RSA 126-X:8, IV(a), the fine shall be $3000.00;

 

(18)  For failure to notify the department of a reportable incident as required by He-C 402.10(n) and (o) by the required date, the fine shall be $2000.00;

 

(19)  For failure to maintain effective controls against diversion, theft, or loss of cannabis or CIP the fine shall be $5000.00;

 

(20)  For failure to keep accurate records of all cannabis or CIP dispensed to qualifying patients or designated caregivers, transported, or disposed of, the fine shall be $5000.00;

 

(21)  When an inspection determines that a violation of RSA 126-X or He-C 402 has the potential to jeopardize the health, safety, or well-being of a qualifying patient, designated caregiver, ATC agent, or the public, in addition to any other enforcement actions taken by the department, the fines assessed shall be as follows:

 

a.  If the same an area of noncompliance is cited within 2 years of the original an area of noncompliance, an additional fine of $5000.00 shall be imposed; or

 

b.  If the same an area of noncompliance is cited a third time within 5 years of being fined in a. above, an additional fine of $10,000.00 shall be imposed; and

 

(22)  Each day that the individual or ATC continues to be in violation of the provisions of RSA 126-X or He-C 402 shall constitute a separate violation warranting additional fines in accordance with this section.

 

          (d)  Payment of any imposed fine to the department shall meet the following requirements:

 

(1)  Payment shall be made in the form of check or money order made payable to the “Treasurer, State of New Hampshire” in the exact amount due;

 

(2)  Money order or certified check shall be required when an applicant or ATC has issued payment to the department by check, and such check was returned for insufficient funds; and

 

(3)  All funds received as fines under this section shall be deposited to the non-lapsing registry identification card and certificate account pursuant to RSA 126-X:11.

 

          (e)  The department shall revoke or deny a registration certificate, as applicable, if the department determines that:

 

(1)  An applicant or a registrant violated a provision of RSA 126-X or He-C 402 which poses a risk of harm to a qualifying patient’s, designated caregiver’s, ATC agent’s, or the public’s health, safety, or well-being;

 

(2)  The ATC failed to maintain effective controls against diversion, theft, or loss of cannabis or CIP;

 

(3)  The ATC failed to keep accurate records of all cannabis cultivated, CIP produced, and all cannabis and CIP dispensed to qualifying patients or designated caregivers, transported, stored, or disposed of;

 

(4)  An applicant or registrant has failed to pay an administrative fine or fee imposed by the department;

 

(5)  The applicant, registrant, or any representative or employee of the applicant or registrant:

 

a.  Provides false or misleading information to the department;

 

b.  Prevents, interferes, or fails to cooperate with any inspection or investigation conducted by the department; or

 

c.  Fails to provide requested files or documents to the department;

 

(6)  The registrant failed to implement or continue to implement a POC that has been accepted or imposed by the department in accordance with He-C 402.29(b), (c), and (d);

 

(7) The registrant is cited a third time under RSA 126-X or He-C 402 for the same violation within 5 years;

 

(8) Upon inspection, the applicant or registrant’s registered premises or operations are not in compliance with RSA 126-X or He-C 402;

 

(9) A diversion of cannabis has occurred under circumstances that indicate complicity or negligence on the part of the ATC; or

 

(10)  A corporate officer, a board member, or an executive employee has been convicted of a felony in this or any other state.

 

          (f)  An applicant or registrant shall have 30 days after receipt of the notice of enforcement action to request a hearing to contest the action.

 

          (g)  If a written request for a hearing is not made pursuant to (f) above, the action of the department shall become final.

 

          (h)  The department shall order the immediate suspension of a registration, the cessation of operations, and the transfer of qualifying patients when it finds that the public health, safety, or well-being requires such emergency action in accordance with RSA 541:A-30, III.

 

          (i)  If an immediate suspension is upheld, the ATC shall not resume operating until the department determines through inspection that compliance with RSA 126-X and He-C 402 is achieved.

 

          (j)  Hearings under this section shall be conducted in accordance with RSA 541-A and He-C 200.

 

          (k)  No ongoing enforcement action shall preclude the imposition of any remedy available to the department under RSA 126-X, RSA 541-A:30, III, or He-C 402.

 

          (l)  An ATC that has had its registration revoked shall not be eligible to apply to be an ATC for a period of 5 years.

 

          (m)  If an application for an initial registration is denied pursuant to He-C 402.30(e), the applicant shall not be eligible to apply to be an ATC for a period of 5 years.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.31  Personnel.

 

          (a)  The ATC shall employ a full-time, on-site administrator who shall be responsible for all aspects of the daily operation of the registered premises, except that an ATC that has a separate location for cultivation shall not be required to employ 2 separate administrators, as long as the single administrator splits on-site working hours between all facilities.

 

          (b)  Each ATC shall develop a detailed job description for all employees and a volunteer agreement for all volunteers, which includes duties, authority, responsibilities, qualifications, supervision, and physical requirements, if any, of the position.

 

          (c)  All ATC agents shall be at least 21 years of age.

 

          (d)  A NH department of safety state and federal criminal history records check shall be conducted for all prospective ATC agents before they begin working at or for the ATC, except that an ATC may make a conditional offer of employment and allow a person to begin working at or for the ATC while the results of the state and federal criminal history records check are pending, provided that:

 

(1)  Prior to beginning employment or engagement, the person signs a statement stating that the person does not have any felony convictions in this or any other state, and such statement shall be subject to the penalties set forth in RSA 641:3 for unsworn falsification; and

 

(2)  The conditional employment granted shall be revoked immediately if the criminal history records check results show any felony convictions in this or any other state.

 

          (e)  The ATC shall notify the department, in writing, of its intent to hire or otherwise engage an ATC agent, as follows:

 

(1)  The ATC shall require the prospective ATC agent to sign the statement in (d)(1) above;

 

(2)  The ATC shall submit a written intent-to-hire notification for the prospective ATC agent after the fingerprinting for the criminal records check described in (g) below has been completed;

 

(3)  The notification shall include the individual’s name, date of birth, position title, date and location of the fingerprinting appointment, and indication that the statement in (d)(1) above has been signed; and

 

(4)  If the submission is complete, the department shall approve the request for conditional employment.

 

          (f)  An ATC shall not allow any person to be an ATC agent who has been convicted of a felony.

 

          (g)  In order to satisfy the requirement of (d) above:

 

(1)  Prospective ATC agents shall submit directly to the department of safety:

 

a.  A criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of his or her criminal history record, if any, to the department;

 

b.  A complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety; and

 

c.  Any associated fee;

 

(2)  The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation;

 

(3)  Upon completion of the records check, the division of state police shall release information about any felony convictions to the department;

 

(4)  In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check; and

 

(5)  In the event that, after 2 attempts, the applicant’s electronic fingerprints are invalid due to insufficient pattern:

 

a.  The applicant shall obtain a police clearance from the local police department of each town, city, or county where the applicant has lived during the past 5 years;

 

b.  The applicant shall submit the police clearances obtained in a. above to the division of state police; and

 

c.  The department shall receive from the division of state police the results of the police clearance check process.

 

          (h)  Upon receipt of the results of a state and federal criminal history records check, or a police clearance check:

 

(1)  If the results indicate that there are no felony convictions, the department shall provide written notification to the ATC that the individual is permitted to be engaged; or

 

(2)  If the results indicate that there is a felony conviction, the department shall provide written notification to the ATC that the individual is not permitted to be engaged and, if conditionally approved, that the individual shall be terminated immediately.

 

          (i)  Annually thereafter, the ATC agent shall sign an affidavit, which states that he or she has not been convicted of a felony.

 

          (j)  All agents shall notify the ATC upon conviction of a felony.

 

          (k)  ATCs shall create and issue identification badges for each ATC agent who works at the ATC as follows:

 

(1)  The badges shall include the ATC’s registration certificate number, a unique number for each agent, his or her name, and a photo of the agent;

 

(2)  No agent, who has not been issued a badge, shall possess, cultivate, or transport cannabis;

 

(3)  An ATC agent shall wear his or her badge at all times while at the registered premises and when transporting cannabis;

 

(4)  Badges shall be properly displayed by wearing the badge in a plainly visible manner, above the waist;

 

(5)  The agent shall not alter, obscure, damage, or deface the badge in any manner; and

 

(6)  An agent shall return his or her badge to the ATC when no longer employed by, or otherwise engaged with, the ATC.

 

          (l)  Within the first 7 days of employment, ATC employees and volunteers shall receive a tour of the ATC and an orientation, the date of which shall be documented, that includes training on the following:

 

(1)  The ATC’s confidentiality policy;

 

(2)  The duties and responsibilities of the position;

 

(3)  Employee security policies, including personal safety and crime prevention techniques;

 

(4) Emergency procedures, including a disaster plan with procedures for fire or other emergencies;

 

(5)  Procedures to ensure accurate recordkeeping, including inventory protocols, as applicable; and

 

(6)  Alcohol, tobacco, and illicit drug-free workplace policies.

 

          (m)  All employees and volunteers shall receive initial and annual training tailored to the roles and responsibilities of their job function. Such training shall be in accordance with ATC policy and shall be documented in the agent’s personnel file.

 

          (n)  In addition to the training required by (l) and (m) above, ATC technicians shall have training to include:

 

(1)  Knowledge of all ATC policies for security and tracking the sale of cannabis;

 

(2)  Maintenance of qualifying patient and designated caregiver records;

 

(3)  Knowledge of all labeling and dispensing requirements as described in He-C 402.16 and He-C 402.17; and

 

(4)  Patient educational materials.

 

          (o)  Except when transporting cannabis, an ATC agent shall only possess cannabis at the ATC location where he or she is employed. This shall not prohibit an ATC agent who is a qualifying patient or designated caregiver from possessing cannabis outside the ATC as permitted by RSA 126-X.

 

          (p)  The following shall apply to volunteers:

 

(1)  Volunteers shall be supervised by an ATC employee;

 

(2)  At no time shall there be more volunteers on the ATC registered premises than is necessary for the efficient operation of the ATC;

 

(3)  Volunteers shall not dispense cannabis; and

 

(4)  Volunteers shall not transport cannabis.

 

          (q)  An ATC may hire or engage independent contractors to work at the registered premises of an ATC, but for the purposes of these rules such persons shall be considered ATC employees and shall be subject to the requirements contained in He-C 402 for agents and employees.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.32  Record Requirements.

 

          (a)  The ATC shall maintain all required records for a minimum of 4 years.

 

          (b)  The ATC shall maintain a current and accurate, hardcopy or electronic, record for each qualifying patient, designated caregiver, and visiting qualifying patient that has received services from the ATC.

 

          (c)  At a minimum, qualifying patient, designated caregiver, and visiting qualifying patient records shall contain the following:

 

(1)  Identification data, including:

 

a.  The qualifying patient, designated caregiver, and visiting qualifying patient’s name, date of birth, and registry identification number;

 

b.  The name, address, registry identification number, and contact information for the qualifying patient’s designated caregiver, if applicable; and

 

c.  The name, address, and telephone number of the qualifying patient’s certifying medical provider, if provided by the qualifying patient or designated caregiver;

 

(2)  Dispensing documentation for each dispensing transaction, tracked by using the qualifying patient, designated caregiver, or visiting qualifying patient’s registry identification number, to include:

 

a.  The date, amount of cannabis or CIP dispensed, and amount charged;

 

b.  The form of cannabis or CIP dispensed;

 

c.  The strain of cannabis dispensed; and

 

d. Whether the cannabis was dispensed to the qualifying patient or the designated caregiver;

 

(3)  For qualifying patients who are willing to provide it, the ATC shall document, by the qualifying patient’s registry identification number, any side effects and the effectiveness of the cannabis product used;

 

(4)  Documentation verifying the qualifying patient’s eligibility to purchase cannabis at a reduced cost, if applicable;

 

(5)  Documentation whether an initial intake consultation was conducted with the qualifying patient, designated caregiver, or visiting qualifying patient;

 

(6)  Documentation that educational material was provided to the qualifying patient, designated caregiver, or visiting qualifying patient, on their first visit;

 

(7)  Documentation of any reportable incident involving the qualifying patient, designated caregiver, or visiting qualifying patient;

 

(8)  For qualifying patients, any provider instructions or recommendations, as described in He-C 402.20(f); and

 

(9)  For visiting qualifying patients, the documentation required by He-C 402.20(j)(2), (3), (4) as applicable, and (6) as applicable.

 

          (d)  Records in (c) above shall be considered confidential and only be released in accordance with He-C 402.25 and other applicable law.

 

          (e)  Records in (c) above shall be safeguarded against loss or unauthorized use or access.

 

          (f)  Records shall be retained for 4 years after a qualifying patient is no longer registered as a qualifying patient with the department, except that when the qualifying patient is a minor, records shall be retained until the minor reaches the age of 19, but no less than 4 years after the qualifying patient is no longer registered as a qualifying patient with the department.

 

          (g)  The ATC shall arrange for storage of, and access to, records as required by (e) above in the event the ATC ceases operation.

 

          (h)  An ATC shall be permitted to disclose a qualifying patient or visiting qualifying patient’s dispensing history to another ATC for the purpose of determining compliance with the dispensing limit of 2 ounces of cannabis every 10 days, pursuant to He-C 402.20(e)(1). Such dispensing history shall be limited to the total amount of usable cannabis dispensed in the prior 10 days.

 

          (i)  The ATC shall maintain legible, current, and accurate records for inventory tracking as required by He-C 402.13.

 

          (j)  The ATC shall maintain legible, current, and accurate security records as required by He-C 402.24.

 

          (k)  The ATC shall maintain personnel records for each ATC agent that include:

 

(1)  The name, address, and contact information for the agent;

 

(2)  A photocopy of the employee’s identification badge;

 

(3)  The written notification from the department indicating that the agent has not been found guilty of a felony in this or any other state and can work for or be otherwise engaged by the ATC;

 

(4)  Documentation of verification of references, for employees and volunteers only;

 

(5)  The initial and annual affidavit signed by the agent stating that the agent has not been found guilty of a felony in this or any other state;

 

(6)  A statement signed by the agent that he or she has received the initial orientation and copies of and training on those elements required by He-C 402.31(l), for employees and volunteers only;

 

(7)  A statement signed annually by the employee and volunteer:

 

a.  That he or she has received annual training on the ATC policies for confidentiality, security, and safety;

 

b.  That he or she has received annual training on the ATC policies and procedures that specifically relate to the agent’s job function(s); and

 

c.  Which includes the date, time, and place of the training, the topics discussed, and the name and title of the trainer.

 

(8)  The resume or completed application for each employee and volunteer;

 

(9)  A detailed job description for each ATC employee and a volunteer agreement for each volunteer which shall include duties, authority, responsibilities, qualifications, supervision, and physical requirements, if any;

 

(10)  A record of any disciplinary actions;

 

(11)  A copy of a valid and current driver’s license if the employee transports cannabis, and proof of insurance if the transport is to be done in the employee’s own vehicle; and

 

(12)  Documentation of annual performance evaluations, for employees only.

 

          (l)  Personnel records shall be kept for a minimum of 4 years after the agent is no longer associated with the ATC.

 

          (m)  The ATC shall maintain documentation for all employees and volunteers of the dates and times worked. 

 

          (n)  The ATC shall maintain documentation of any reportable incident as required by He-C 402.10(n) and (o).

 

          (o)  The ATC shall maintain access documentation in accordance with He-C 402.24(e).

 

          (p)  The ATC shall maintain business records, which shall include manual or computerized records of:

 

(1)  Assets and liabilities;

 

(2)  Monetary transactions;

 

(3) Books of accounts, which shall include journals, ledgers, and supporting documents, agreements, checks, invoices, and vouchers; and

 

(4) Salary and wages paid to each employee, stipend paid to each board member, and any executive compensation, bonus, benefit, or item of value paid to any individual affiliated with an ATC, including members of the non-profit corporation.

 

          (q)  The ATC shall be able to document verification of compliance with all rules contained in He C 402 capable of documentation.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18; ss by #13673-A, eff 6-26-23

 

          He-C 402.33  Fire Safety and Emergency Preparedness.

 

          (a)  The ATC shall comply with all federal, state, and local laws, rules, codes, and ordinances for:

 

(1)  Buildings;

 

(2)  Health;

 

(3)  Fire; and

 

(4)  Waste disposal.

 

          (b)  The ATC shall have all entrances and exits to the registered premises accessible at all times.

 

          (c)  The ATC shall be clean and maintained in a safe manner and good repair and kept free of hazards.

 

          (d)  All supplies shall be stored in enclosed storage areas or other areas appropriate for such storage provided that corridors, emergency routes, and exits are not blocked or otherwise compromised and such storage is compliant with the applicable chapter of the NFPA 101, as incorporated in He-C 402.05(c)(12)a.4.

 

          (e)  All corridors shall be free from obstruction.

 

          (f)  Cleaning solutions, compounds, and substances, which might be considered hazardous or toxic materials, as defined in RSA 147-A:2, VII, shall be:

 

(1)  Distinctly labeled and legibly marked so as to identify the contents;

 

(2)  Stored in a place separate from food and supplies; and

 

(3)  Kept in an enclosed section separated from other cleaning materials.

 

          (g)  Toxic materials shall not be used in a way that contaminates equipment or in any way that constitutes a hazard to personnel or other persons, or in any way other than in full compliance with the manufacturer's labeling.

 

          (h)  The ATC shall, as soon as practicable and no later than 24 hours, notify the department by phone, fax, or e-mail, and in writing within 72 hours, of any fire or situation, excluding a false alarm, that requires the evacuation of the registered premises.

 

          (i)  The written notification under (h) above shall include:

 

(1)  The date and time of the incident;

 

(2)  A description of the location and extent of the incident, including any damage;

 

(3)  A description of events preceding and following the incident;

 

(4)  The name of any personnel who required medical treatment as a result of the incident, if applicable; and

 

(5)  The name of the individual the registrant wishes the department to contact if additional information is required.

 

          (j)  Flammable gases and liquids shall be stored in metal fire retardant cabinets as required by the department of safety in Saf-C 6000.

 

          (k)  Quantities of flammable gases and liquids under 500 milliliters may be retained at the bench work area when directly in use.

 

          (l)  If the ATC chooses to produce solvent-based cannabis concentrate using flammable chemicals such as acetone, butane, ethanol, heptane, isopropanol, or propane, it shall be performed under a static free hood, or an electrostatic discharge safe, electrostatic dissipative, or static resistant certified fume hood for use for a class IB flammable liquid such as ethanol or isopropyl alcohol, which shall be certified and inspected in accordance with the manufacturer’s instructions, which shall be at least annually, to meet manufacturer’s stated operational requirements.

 

          (m) A written plan for fire safety, evacuation, and emergencies shall be adopted and available in multiple locations throughout the ATC and shared with the local fire department.

 

          (n)  The following shall apply to all fire extinguishers:

 

(1) All fire extinguishers shall be inspected either manually or by means of an electronic monitoring device or system at least once a month, not exceeding 31 days, by an ATC employee;

 

(2)  All fire extinguishers shall have annual maintenance, not to exceed the date of the previous maintenance inspection, by a qualified individual(s) or company following the manufacturer’s instructions; and

 

(3)  Documentation of monthly inspections and annual maintenance shall be maintained.

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

          He-C 402.34  Prohibited Chemicals.  The chemicals listed in Table 402.3 below shall be prohibited from use in the cultivation and processing of cannabis and from being possessed and maintained on the ATC registered premises:

 

Table 402.3 – Prohibited Chemicals

 

Chemical Name

CAS1 Registry Number
(or EDF2 Substance ID)

ABAMECTIN

65195-56-4 & 65195-55-3

ALDRIN

309-00-2

ARSENIC OXIDE (3)

1327-53-3

ASBESTOS (FRIABLE)

1332-21-4

AZODRIN

6923-22-4

1,4-BENZOQUINONE, 2,3,5,6-TETRACHLORO-

118-75-2

BINAPACRYL

485-31-4

2,3,4,5-BIS (2-BUTENYLENE) TETRAHYDROFURFURAL

126-15-8

BROMOXYNIL BUTYRATE

EDF-186

CADMIUM COMPOUNDS

CAE750

CALCIUM ARSENATE [2ASH3O4.2CA]

7778-44-1

CAMPHECHLOR

8001-35-2

CAPTAFOL

2425-06-1

CARBOFURAN

1563-66-2

CARBON TETRACHLORIDE

56-23-5

CHLORDANE

57-74-9

CHLORDECONE (KEPONE)

143-50-0

CHLORDIMEFORM

6164-98-3

CHLOROBENZILATE

510-15-6

CHLOROMETHOXYPROPYLMERCURIC ACETATE [CPMA]

EDF-183

COPPER ARSENATE

10103-61-4

2,4-D, ISOOCTYL ESTER

25168-26-7

DAMINOZIDE

1596-84-5

DDD

72-54-8

DDT

50-29-3

DI(PHENYLMERCURY)DODECENYLSUCCINATE [PMDS]

EDF-187

1,2-DIBROMO-3-CHLOROPROPANE (DBCP)

96-12-8

1,2-DIBROMOETHANE

106-93-4

1,2-DICHLOROETHANE

107-06-2

DIELDRIN

60-57-1

DIMETHYL SULFOXIDE

67-68-5

4,6-DINITRO-O-CRESOL

534-52-1

DINITROBUTYL PHENOL

88-85-7

ENDRIN

72-20-8

EPN

2104-64-5

ETHYLENE OXIDE

75-21-8

FLUOROACETAMIDE

640-19-7

GAMMA-LINDANE

58-89-9

HEPTACHLOR

76-44-8

HEXACHLOROBENZENE

118-74-1

1,2,3,4,5,6-HEXACHLOROCYCLOHEXANE (MIXTURE OF ISOMERS)

608-73-1

1,3-HEXANEDIOL, 2-ETHYL-

94-96-2

IMIDACLOPRID

138261-41-3

LEAD ARSENATE

7784-40-9

LEPTOPHOS

21609-90-5

MERCURY

7439-97-6

METHAMIDOPHOS

10265-92-6

METHYL PARATHION

298-00-0

MEVINPHOS

7786-34-7

MIREX

2385-85-5

MYCLOBUTANIL

88671-89-0

NITROFEN

1836-75-5

OCTAMETHYLDIPHOSPHORAMIDE

152-16-9

PARATHION

56-38-2

PENTACHLOROPHENOL

87-86-5

PHENYLMERCURIC OLEATE [PMO]

EDF-185

PHOSPHAMIDON

13171-21-6

PYRIMINIL

53558-25-1

SAFROLE

94-59-7

SODIUM ARSENATE

13464-38-5

SODIUM ARSENITE

7784-46-5

2,4,5-Trichlorophenoxyacetic acid

93-76-5

TERPENE POLYCHLORINATES (STROBANE6)

8001-50-1

THALLIUM(I) SULFATE

7446-18-6

2,4,5-TP ACID (SILVEX)

93-72-1

TRIBUTYLTIN COMPOUNDS

EDF-184

2,4,5-TRICHLOROPHENOL

95-95-4

VINYL CHLORIDE

75-01-4

Abamectin

71751-41-2

Acephate

30560-19-1

Acequinocyl

57960-19-7

Acetamiprid

135410-20-7

Aldicarb

116-06-3

Azoxystrobin

131860-33-8

Bifenazate

149877-41-8

Bifenthrin

82657-04-3

Boscalid

188425-85-6

Carbaryl

63-25-2

Carbofuran

1563-66-2

Chlorantraniliprole

500008-45-7

Chlorfenapyr

122453-73-0

Chlorpyrifos

2921-88-2

Clofentezine

74115-24-5

Cyfluthrin

68359-37-5

Cypermethrin

52315-07-8

Daminozide

1596-84-5

DDVP (Dichlorvos)

62-73-7

Diazinon

333-41-5

Dimethoate

60-51-5

Ethoprophos

13194-48-4

Etofenprox

80844-07-1

Etoxazole

153233-91-1

Fenoxycarb

72490-01-8

Fenpyroximate

134098-61-6

Fipronil

120068-37-3

Flonicamid

158062-67-0

Fludioxonil

131341-86-1

Hexythiazox

78587-05-0

Imazalil

35554-44-0

Imidacloprid

138261-41-3

Kresoxim-methyl

143390-89-0

Malathion

121-75-5

Metalaxyl

57837-19-1

Methiocarb

2032-65-7

Methomyl

16752-77-5

Methyl parathion

298-00-0

MGK-264

113-48-4

Myclobutanil

88671-89-0

Naled

300-76-5

Oxamyl

23135-22-0

Paclobutrazol

76738-62-0

Permethrins

52645-53-1

Phosmet

732-11-6

Piperonyl butoxide

51-03-6

Prallethrin

23031-36-9

Propiconazole

60207-90-1

Propoxur

114-26-1

Pyrethrins

8003-34-7

Pyridaben

96489-71-3

Spinosad

168316-95-8

Spiromesifen

283594-90-1

Spirotetramat

203313-25-1

Spiroxamine

118134-30-8

Tebuconazole

80443-41-0

Thiacloprid

111988-49-9

Thiamethoxam

153719-23-4

Trifloxystrobin

141517-21-7

1 CAS – Chemical Abstracts Service; 2 EDF – Environmental Defense Fund

 

Source.  #10731, eff 11-25-14; ss by #12653, eff 11-1-18

 

PART He-C 403  THERAPEUTIC CANNABIS MEDICAL OVERSIGHT BOARD

 

Statutory Authority: RSA 126-X:6, V

 

          He-C 403.01  Purpose and Scope.

 

          (a)  This part shall apply to the conduct of public hearings held by the therapeutic cannabis medical oversight board in order to receive input from the public regarding qualifying medical conditions for the therapeutic use of cannabis under RSA 126-X:1, IX, prior to making a recommendation to the commissioner to add, remove, or change such condition(s).

 

          (b)  This rule shall not limit the ability of the board, or its members, to engage directly with the New Hampshire legislature, including the legislature’s members, committees, or subcommittees thereof, on the subject of a qualifying medical condition(s), including making recommendations for adding, removing, or changing such condition(s).

 

Source.  #12947, eff 12-20-19

 

          He-C 403.02  Definitions.

 

          (a)  “Commissioner” means the commissioner of the New Hampshire department of health and human services, or his or her designee.

 

          (b)  “Department” means the New Hampshire department of health and human services.

 

          (c)  “Therapeutic cannabis medical oversight board (board)” means the entity authorized by RSA 126-X:12 to monitor and contribute to the oversight of the clinical, quality, and public health related matters of the use of cannabis for therapeutic purposes.

 

          (d)  “Qualifying medical condition” means “qualifying medical condition” as defined in RSA 126-X:1, IX.

 

Source.  #12947, eff 12-20-19

 

          He-C 403.03  Notice of the Public Hearing.

 

          (a)  Notice of a public hearing shall be provided:

 

(1)  On the board’s website at https://www.dhhs.nh.gov/oos/tcp/mob.htm; and

 

(2)  At least 10 calendar days in advance of the hearing.

 

          (b)  The notice in (a) above shall include, at a minimum:

 

(1)  The date, time, and location of the hearing;

 

(2)  The reason for the hearing, including the specific medical condition(s) under consideration; and

 

(3)  The date that the written comment period shall close, which shall be at least 5 business days after the hearing.

 

Source.  #12947, eff 12-20-19

 

          He-C 403.04  Conduct of the Public Hearing.

 

          (a)  A record of the public hearing shall be kept by electronic recording or other method that will provide a verbatim record.

 

          (b)  The presiding officer at the hearing shall be the board chairperson, the alternate chairperson, or an individual designated by the board chairperson to preside at the hearing.

 

          (c)  The presiding officer shall open the hearing by describing in general terms the purpose of the hearing and the procedures governing its conduct.

 

          (d)  After giving opening statements described in (c) above, the presiding officer shall accept and receive testimony from persons attending the hearing.

 

          (e)  Testimony at the hearing shall meet the following requirements:

 

(1)  Persons wishing to submit written testimony or exhibits at the hearing shall submit such to the presiding officer, provided the testimony or exhibits are signed and dated by the individual submitting it;

 

(2)  Persons wishing to provide oral testimony at the hearing shall submit, in writing, to the presiding officer the person’s name and, if applicable, the name of the organization or entity that the person represents;

 

(3)  The presiding officer shall call each person to present testimony; and

 

(4)  The presiding officer shall rule any comments, questions, or discussions that the presiding officer determines irrelevant to the subject of the hearing to be out of order, and shall proceed to the next person providing testimony.

 

          (f)  During the course of public testimony, board members may:

 

(1)  Ask questions of persons providing testimony; and

 

(2)  Answer questions posed by persons providing testimony.

 

          (g)  When the presiding officer determines that no person has further questions or comments that are relevant to the subject of the hearing, or that the time allotted for the hearing has passed, the presiding officer shall close the hearing.

 

Source.  #12947, eff 12-20-19

 


APPENDIX

 

Rule

Specific State Statute the Rule Implements

He-C 401.01

RSA 126-X

He-C 401.02

RSA 126-X:1

He-C 401.03

RSA 126-X:2, IV(a)-(b); RSA 126-X:3, V

He-C 401.04

RSA 126-X:4, I

He-C 401.04(a)(6)n.

RSA 126-X:4, VI

He-C 401.04(a)(7)n.

RSA 126-X:4, VI

He-C 401.04(a)(8)

RSA 126-X:4, I(h); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.04(a)(9)

RSA 126-X:4, I(h); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.04(b)(3)

RSA 126-X:1, X

He-C 401.05

RSA 126-X:4, II

He-C 401.05(a)(3)

RSA 126-X:1, VI(b)

He-C 401.05(a)(4)l.

RSA 126-X:4, VI

He-C 401.05(a)(6)

RSA 126-X:5, II(f); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.05(a)(7)

RSA 126-X:5, II(f); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.05(b)-(d)

RSA 126-X:4, II-a

He-C 401.06

RSA 126-X:1, VII(a), VIII, XVII

He-C 401.06(b)(4)a.

RSA 310-A:1-g

He-C 401.06(b)(5)b.

RSA 126-X:4, V(b)

He-C 401.06(e)

RSA 126-X:8, XVIII

He-C 401.06(f)-(g)

RSA 126-X:4, IX(b)

He-C 401.07

RSA 126-X:1, XVII

He-C 401.07(c)(3)b.

RSA 126-X:4, V(b)

He-C 401.07(b)(6)

RSA 126-X:4, IV

He-C 401.07(b)(7)

RSA 126-X:4, IV

He-C 401.08

RSA 126-X:4, I, II, II-a, and V

He-C 401.08(c)(9)

RSA 126-X:5, II(f); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.08(c)(10)

RSA 126-X:5, II(f); RSA 126-X:3, VI; RSA 318-B:26, IX-a

He-C 401.09

RSA 126-X:4, I, II, and II-a

He-C 401.10

RSA 126-X:4, I-IV

He-C 401.11

RSA 126-X:4, I-IV

He-C 401.11(e)(2)

RSA 126-X:4, IX(b)

He-C 401.12

RSA 126-X:4, III; RSA 126-X:3, VI-VII; RSA 126-X:6, I(c)

He-C 401.13

RSA 126-X:4, IX

He-C 401.13(f)

RSA 126-X:4, XII; RSA 126-X:2, XIV(b)-(c)

He-C 401.14

RSA 126-X:4, I(b); RSA 126-X:6: I(d); RSA 126-X:4, IX(f)

He-C 401.15

RSA 126-X:4, XI; RSA 126-X:10, VI

He-C 401.15(b)(5)

RSA 126-X:4, VII(a)(2)

He-C 401.15(b)(6)

RSA 126-X:10

He-C 401.15(d)

RSA 126-X:4, II(g)

He-C 401.16

RSA 126-X:1, XVI; RSA 126-X:1, VII(b); RSA 126-X:2, V

He-C 401.17

RSA 541-A:22, IV

He-C 401.18

RSA 126-X:6, I(c)

 

 

He-C 402.01 – 402.03

RSA 126-X

He-C 402.03

RSA 126-X:1

He-C 402.04

RSA 126-X:6, III(a)(14); RSA 126-X:7, IV(a); RSA 126-X:7, V

He-C 402.05

RSA 126-X:7, IV(a); RSA 126-X:7, IX

He-C 402.06

RSA 126-X:6, III(a)(1); RSA 126-X:7, V; RSA 126-X:7, IX

He-C 402.07

RSA 126-X:6, III(a)(2)

He-C 402.08

RSA 126-X:3

He-C 402.09

RSA 126-X:6, III(a)(2)

He-C 402.10

RSA 126-X:6, III(a)(2)

He-C 402.11

RSA 126-X:2, IX(a)-(b); RSA 126-X:8, XV(b); RSA 126-X:8, XIV

He-C 402.12

RSA 126-X:8, XV(a)

He-C 402.13

RSA 126-X:8, VIII

He-C 402.14

RSA 126-X:7, IV(a)(8); RSA 126-X:8, X, XV(c)

He-C 402.15

RSA 126-X:6, III(a)(5); RSA 126-X:7, IV(a)(9), IV(c)(5)

He-C 402.15(q)

RSA 126-X:2, XV

He-C 402.16

RSA 126-X:1, III, XV

He-C 402.17

RSA 126-X:6, III(a)(5), III(b)

He-C 402.18

RSA 126-X:6, III(a)(5)

He-C 402.19

RSA 126-X:6, III(a)(9); RSA 126-X8, XIV(b); RSA 126-X:8, XVI(a)

He-C 402.20

RSA 126-X:2, V; RSA 126-X:8, VII(b); RSA 126-X:8, XIII

He-C 402.21

RSA 126-X:8, XVI(b)-(c)

He-C 402.22

RSA 126-X:8, VII(a)

He-C 402.23

RSA 126-X:6, III(a)(12); RSA 126-X:8, XVI(a)

He-C 402.24

RSA 126-X:6, III(a)(3); RSA 126-X:7, IV(a)(5), (c)(7); RSA 126-X:8, III

He-C 402.25

RSA 126-X:6, III(b); RSA 126-X:7, IV(c)(6), IX; RSA 126-X:8, XVI(b)

He-C 402.26

RSA 541-A:22, IV

He-C 402.27

RSA 126-X:6, III(a)(2), (a)(11)

He-C 402.28

RSA 126-X:6, III(a)(iii); RSA 126-X:7, IX

He-C 402.29

RSA 126-X:6, III(a)(2)

He-C 402.30

RSA 126-X:6, III(a)(2), (a)(10); RSA 126-X:7, VII-VIII

He-C 402.31

RSA 126-X:6, III(a)(8); RSA 126-X:8, IV, IV-a, V, XVII

He-C 402.32

RSA 126-X:7, IV(a)(13), IX; RSA 126-X:8, VI-VII; RSA 126-X:8, XVII(c)

He-C 402.33

RSA 126-X:6, III(a)(2), (a)(6)

He-C 402.34

RSA 126-X:7, IV(a)(9), IV(c)(5)

He-C 403.01 – 403.04

RSA 126-X:12, V