Mo. Code Regs. tit. 19 § 20-51.010

Current through Register Vol. 49, No. 23, December 2, 2024

Section 19 CSR 20-51.010 - State Children's Health Insurance Program

PURPOSE: This rule establishes the application process for a hemp extract registration card.

(1) Definitions. For the purposes of this rule, the following definitions apply:

(A) "Applicant," a Missouri resident eighteen (18) years of age or older with intractable epilepsy or a Missouri resident eighteen (18) years of age or older who is the parent or legal guardian responsible for the medical care of a minor with intractable epilepsy, who is applying for a hemp extract registration card under this rule;

(B) "Department," the Department of Health and Senior Services;

(C) "Hemp extract," an extract from a cannabis plant or a mixture or preparation containing cannabis plant material that-

1. Is composed of no more than three tenths percent (0.3%) tetrahydrocannabinol by weight;

2. Is composed of at least five percent (5%) cannabidiol by weight; and

3. Contains no other psychoactive substance.

(D) "Hemp extract registration card," a card issued by the department under section 192.945, RSMo;

(E) "Intractable epilepsy," epilepsy that as determined by a neurologist does not respond to three (3) or more treatment options overseen by the neurologist;

(F) "Neurologist," a physician who is licensed under Chapter 334, RSMo, and board certified in neurology;

(G) "Parent," a parent or legal guardian of a minor who is responsible for the minor's medical care;

(H) "Registrant," an individual to whom the department issues a hemp extract registration card under section 192.945, RSMo.

(2) Requirements for All Applicants.

(A) No person shall engage in any activity for which registration is required until the application for registration has been processed and the hemp extract registration card has been issued.

(B) Applications for registration and renewal shall be made on forms designated by the department.

(C) Applications shall contain the original signature of the applicant and shall be provided to the department.

(D) An application which does not contain or is not accompanied by the required information may be denied sixty (60) days after notifying the applicant of the deficiency.

(E) An application may be withdrawn by making a written request to the department.

(F) All applicants shall provide full, true, and complete answers on the application.

(3) Applications for Individual Registrations. Missouri residents eighteen (18) years of age or older who suffer from intractable epilepsy may apply for a hemp extract registration card. The application shall be made by completing the Missouri Hemp Extract Registration Card Application incorporated by reference in this rule as published by the department in October 2014 and available on the department's website at health.mo.gov or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570. This rule does not incorporate any subsequent amendments or additions. A complete application shall also include:

(A) A copy of the applicant's valid photo identification; and

(B) A completed Missouri Hemp Extract Registration Card Neurologist Certification form as published by the department in October 2014 and available on the department's website at health.mo.gov or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570. This rule does not incorporate any subsequent amendments or additions. The certification shall be consistent with a record from the neurologist attached to the Hemp Extract Card Registration Application.

(4) Applications by Parents or Legal Guardians of Minors. A Missouri resident eighteen (18) years of age or older who is the parent or legal guardian who is responsible for the medical care of a minor with intractable epilepsy may apply for a hemp extract registration card. The application shall be made by completing the Missouri Hemp Extract Registration Card Application incorporated by reference in this rule as published by the department in October 2014 and available on the department's website at health.mo.gov or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570. This rule does not incorporate any subsequent amendments or additions. A complete application shall also include:

(A) A copy of the parent's or legal guardian's valid photo identification; and

(5) Hemp extract registrants may possess up to twenty (20) ounces of hemp extract. A registrant or applicant may request a waiver to the twenty (20) ounce limit by submitting a completed Missouri Hemp Extract Registration Card Certification for Waiver form as published by the department in October 2014 and available on the department's website at health.mo.gov or by contacting the department at PO Box 570, Jefferson City, MO 65102-0570. This rule does not incorporate any subsequent amendments or additions.

(6) Registrants shall-

(A) Show their hemp extract registration card to the dispensing facility in order to obtain hemp extract, and allow the facility to make a photocopy of it; and

(B) Provide their hemp extract registration card to law enforce- ment upon request.

(7) Registrants shall not sell or otherwise transfer hemp extract or a hemp extract registration card to others except as authorized by law.

(8) Renewals. Registration cards shall be valid for one (1) year from the date of issuance and may be renewed if the registrant meets the requirements in this rule for an initial registration. A waiver issued pursuant to this rule is valid through the end of the registration period during which it was issued.

(9) Registration Card. The hemp extract registration card issued by the department shall contain the following information at minimum:

(A) The registration number;

(B) The registration expiration date;

(C) The registrant's name, date of birth, address, telephone number, and email address;

(D) The minor's name and date of birth if the registrant is the parent or legal guardian responsible for the medical care of the minor with intractable epilepsy;

(E) If applicable, indication that the registrant has a waiver under section 195.207.4, RSMo, allowing possession of more than twenty (20) ounces of hemp extract;

(F) This statement: This card shall not be transferred or altered; and

(G) This statement: This card certifies that the registrant has complied with the requirements for obtaining a hemp extract registration card under section 192.945, RSMo, and if noted on this card, the requirements for obtaining a waiver under section 195.207.4, RSMo. This card does not certify that the registrant is in compliance with any other laws and does not authorize the registrant to violate any laws.

(10) The department may deny or revoke a hemp extract registration card if-

(A) The applicant or registrant does not comply with section 192.945, RSMo, or this rule;

(B) The applicant or registrant supplies false or fraudulent information or documentation to the department;

(C) The applicant or registrant fails to notify the department within thirty (30) days of any change in legal name or address of the applicant, registrant, or patient;

(D) The applicant or registrant fails to notify the department within thirty (30) days that the applicant, registrant, or patient no longer meets the requirements for obtaining or holding a hemp extract registration card; or

(E) The registrant or another has altered the hemp extract registration card.

19 CSR 20-51.010

Adopted by Missouri Register February 17, 2015/Volume 40, Number 04, effective 3/31/2015