R9-17-315. Qualifying Patient Records

A. A dispensary shall ensure that:

1. A qualifying patient record is established and maintained for each qualifying patient who obtains medical marijuana from the dispensary;

2. An entry in a qualifying patient record:

a. Is recorded only by a dispensary agent authorized by dispensary policies and procedures to make an entry,

b. Is dated and signed by the dispensary agent,

c. Includes the dispensary agent’s registry identification number, and

d. Is not changed to make the initial entry illegible;

3. If an electronic signature is used to sign an entry, the dispensary agent whose signature the electronic code represents is accountable for the use of the electronic signature;

4. A qualifying patient record is only accessed by a dispensary agent authorized by dispensary policies and procedures to access the qualifying patient record;

5. A qualifying patient record is provided to the Department for review upon request;

6. A qualifying patient record is protected from loss, damage, or unauthorized use; and

7. A qualifying patient record is maintained for five years from the date of the qualifying patient’s or, if applicable, the qualifying patient’s designated caregiver’s last request for medical marijuana from the dispensary.

B. If a dispensary maintains qualifying patient records electronically, the dispensary shall ensure that:

1. There are safeguards to prevent unauthorized access, and

2. The date and time of an entry in a qualifying patient record is recorded electronically by an internal clock

C. A dispensary shall ensure that the qualifying patient’s record for a qualifying patient who requests or whose designated caregiver on behalf of the qualifying patient requests medical marijuana from the dispensary contains:

1. Qualifying patient information that includes:

a. The qualifying patient’s name;

b. The qualifying patient’s date of birth; and

c. The name of the qualifying patient’s designated caregiver, if applicable;

2. Documentation of any patient education and support materials provided to the qualifying patient or the qualifying patient’s designated caregiver, including a description of the materials and the date the materials were provided;

3. For each time the qualifying patient requests and does not obtain medical marijuana or, if applicable, the designated caregiver requests and does not obtain medical marijuana on behalf of the qualifying patient from the dispensary, the following:

a. The date,

b. The name and registry identification number of the individual who requested the medical marijuana, and

c. The dispensary’s reason for refusing to provide the medical marijuana.

This is an unofficial version of the Medical Marijuana Program rules. At this time, ADHS does not anticipate making substantive changes to these rules before they are filed with the Office of the Secretary of State. However, technical, organizational, and grammatical changes may be made. The official copy will be posted on www.azsos.gov when filed.