N.H. Admin. Code § He-C 402.31

Current through Register No. 50, December 12, 2024

Section 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 both 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) An ATC shall have conducted a NH department of safety state and federal criminal records check for all ATC agents, including corporate officers, board members, and executive employees before they are chosen, and volunteers and employees before they begin working at the ATC.

(e) Prior to the ATC conducting criminal records check in (d) above on a prospective ATC agent, the ATC shall notify the department, in writing, of its intent to hire or otherwise engage such person.

(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 notarized 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 criminal history records check or a police clearance check, the department shall notify the ATC whether or not the ATC is prohibited or permitted to hire or otherwise engage such person.

(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 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.

N.H. Admin. Code § He-C 402.31

Adopted byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10731, Effective 11/25/2014.

Amended by Volume XXXVIII Number 45, Filed November 8, 2018, Proposed by #12653, Effective 11/1/2018, Expires 11/1/2028.