Ala. Admin. Code r. 538-X-8-.03

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-8-.03 - Certified Dispensers

Medical cannabis may only be dispensed under the supervision of a certified dispenser, in accordance with the following Rules:

(1)Definition. For purposes of this Chapter, a certified dispenser is a managing employee of a dispensary who has undergone training and certification as required by the Commission to oversee the dispensing of medical cannabis to a registered qualified patient or registered caregiver at a dispensing site.

(2) A certified dispenser must be on duty at all times while the dispensing site is open for business; a certified dispenser must oversee and sign off on all sales of medical cannabis as the dispensary employee ultimately responsible for each transaction.

(3) A certified dispenser must have, at a minimum, two years of education or experience in the fields of biology, biochemistry, chemistry, physiology, pharmacology, medicine, medical cannabis, nursing, pharmaceuticals, or a similar field.

(4)Training and Continuing Education of Certified Dispensers.

(a) Prior to the dispensary's commencing operations or prior to beginning work, a certified dispenser must take and pass a medical cannabis foundations training course as required by the Commission.

(b) Annually, in addition to the Commission's continuing education requirement for all employees a certified dispenser must undergo not fewer than ten (10) hours of continuing education approved by the Commission, to address proper dispensing procedures, including the requirements of the Act and this Chapter, prevention of abuse and diversion of medical cannabis, and other topics related to public health, safety and good business practices relating to cannabis, medical cannabis and the dispensing thereof.

(5) Prior to dispensing medical cannabis, the dispensary, acting through a certified dispenser or employee supervised by a certified dispenser, shall confirm that the patient or caregiver holds a valid, current, unexpired, and unrevoked medical cannabis card, and that the dispensing of medical cannabis conforms to the type and amount recommended in the physician certification, and that the amount recommended will not exceed the 60-day daily dosage purchasing limit.

(6) At the time of dispensing medical cannabis, the certified dispenser, or another dispensary employee under the supervision of the certified dispenser, shall enter into the patient registry and the Statewide Seed-to-Sale Tracking System, and shall attach to the package containing the medical cannabis the following patient-specific information:

(a) The name and medical cannabis card number of the patient;

(b) The name and medical cannabis card number of the caregiver, if applicable;

(c) The name and contact information of the registered certifying physician;

(d) The amount and type of medical cannabis being dispensed;

(e) The physician's dosing comments and maximum daily dosage recommendation; and

(f) The date and time the medical cannabis was dispensed.

(7) A certified dispenser may, at the request of the patient or caregiver, provide instructions on the proper administration of medical cannabis, education regarding potential side effects, potential drug interactions, or other aspects of medical cannabis. Notwithstanding the foregoing, a certified dispenser may not offer advice regarding the safety or effectiveness of medical cannabis, the recommended daily dosage, or type of medical cannabis recommended by the registered certifying physician, except that a certified dispenser may direct the patient or caregiver back to the registered certifying physician to address questions or provide advice that the certified dispenser cannot.

(8) At the time required by law, the certified dispenser or another dispensary employee acting under the supervision of the certified dispenser, must allocate the appropriate sum for satisfaction of taxes as may be levied against the sale.

Ala. Admin. Code r. 538-X-8-.03

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.