Current through Register Vol. 54, No. 45, November 9, 2024
Section 1211a.30 - Approval or denial of an application for approval of a clinical registrant(a) An applicant shall be an approved clinical registrant upon the Department's approval of an application under § 1211a.27 (relating to application for approval of a clinical registrant).(b) The Department may deny the application for approval of a clinical registrant if the payments disclosed in the affidavit submitted under § 1211a.27(b)(4) violate the prohibition in § 1211a.34 (relating to prohibition).(c) Before the Department denies an application for approval of a clinical registrant under subsection (b), the Department will provide the applicant with written notice specifying the violation. The applicant may submit to the Department, within 10 days following receipt of the Department's written notice, a supplemental affidavit indicating that the ACRC or its affiliate has refunded to the applicant or a principal or financial backer of the applicant that portion of payments in violation of § 1211a.34. Upon receipt of the supplemental affidavit, the Department may approve the application for approval of a clinical registrant. If the applicant fails to provide a supplemental affidavit within 10 days of the Department's written notice, the Department will deny the application for approval of a clinical registrant.(c.1) The Department shall not approve an applicant for a grower/processor permit if the applicant has previously had a contractual relationship with an ACRC whereby the ACRC or its affiliate provided advice to the applicant regarding, among other areas, patient health and safety, medical applications and dispensing and management of controlled substances and the applicant subsequently sold or assigned for profit to another entity their responsibility under the contractual relationship.(d) An approved clinical registrant shall have the same rights and obligations as a medical marijuana organization that holds a grower/processor permit or a dispensary permit under sections 601-616 of the act (35 P.S. §§ 10231.601-10231.616) and Chapters 1141a, 1151a and 1161a (relating to general provisions; growers/ processors; and dispensaries), as applicable, subject to any modifications or limitations in sections 2001-2003 of the act (35 P.S. §§ 10231.2001-10231.2003) and this chapter.(e) A grower/processor permit and a dispensary permit issued to an approved clinical registrant will expire upon the nonrenewal, revocation or suspension by the Department of the approved clinical registrant's approval.Adopted by Pennsylvania Bulletin, Vol 53, No. 09. March 4, 2023, effective 3/4/2023