Suspension and Revocation of CMTL Certification

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64ER20-5Suspension and Revocation of CMTL Certification

SPECIFIC REASONS FOR FINDING AN IMMEDIATE DANGER TO THE PUBLIC HEALTH, SAFETY OR WELFARE: Pursuant to Chapter 2019-116, § 41, at 31, Laws of Florida, the Department is not required to make findings of an immediate danger to the public, health, safety, or welfare.

REASON FOR CONCLUDING THAT THE PROCEDURE IS FAIR UNDER THE CIRCUMSTANCES: The Department of Health is directed by Chapter 2019-116, § 41, at 31, Laws of Florida, to adopt emergency rules to implement section 381.988, Florida Statutes.

SUMMARY: Emergency rule 64ER20-5 addresses suspension and revocation of the certification of a Certified Marijuana Testing Laboratory (CMTL).

THE PERSON TO BE CONTACTED REGARDING THE EMERGENCY RULE IS: Courtney Coppola at [e-mail].

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64ER20-5 Suspension and Revocation of CMTL Certification

(1) Once certified by the department, a CMTL must at all times maintain compliance with the requirements set forth in s. 381.986, F.S., s. 381.988, F.S., CMTL rules, and the representations made in the CMTL’s application. Failure to do so will result in disciplinary action in accordance with CMTL rules.

(2) The department may suspend or revoke a CMTL’s certification, or refuse to renew a CMTL’s certification, if the department finds that the CMTL committed a violation of s. 381.986, F.S., s. 381.988, F.S., or CMTL rules, or that the CMTL failed to maintain compliance with the representations made in its application. For any such violation, the department may revoke or suspend a CMTL’s certification for a period of time based on the seriousness of the violation. Factors to be considered in determining the seriousness of the violation and resulting discipline include, in addition to the factors set forth in s. 381.988(8), F.S., the following:

(a) Frequency or number of occurrences;

(b) Potential for rehabilitation;

(c) Impact on the department;

(d) Impact on the MMTCs;

(e) Willfulness and deliberateness of the violation;

(f) Length of noncompliance; and

(g) Any good faith effort made to prevent a violation.

(3) The department will provide a CMTL notice of the violation. A CMTL must provide a proposed corrective action plan to the department within 5 business days of its receipt of the department’s notice. Upon review of the corrective action plan by the department, the CMTL may be required to take specific additional actions to cure the violation. The CMTL must comply with and perform all such additional curative actions as directed by the department. A CMTL is subject to discipline notwithstanding the implementation of a corrective action plan.

 (4) A CMTL that loses or has its required accreditation suspended must report the loss or suspension within 24 hours of its occurrence to the department via email to [e-mail].

(a) Within 5 business days of receiving notice that its required accreditation has been lost or suspended, a CMTL must provide the following to the department:

(i) Documentation identifying the cause of the suspension or loss of accreditation; and

(ii) Documentation evidencing that notification of the loss or suspension has been provided to each MMTC for which the CMTL conducts testing.

(b) A CMTL is prohibited from testing marijuana product or providing results to an MMTC during the time that its accreditation is lost or suspended.

(c) A CMTL must reestablish accreditation within 180 days of the effective date of the loss or suspension of accreditation. If a CMTL fails to reestablish its accreditation within 180 days of the loss or suspension, the CMTL’s certification will be subject to revocation.

Rulemaking Authority 381.988(3), 381.988(9), FS. Law Implemented 381.988, FS. History-New.

 

THIS RULE TAKES EFFECT UPON BEING FILED WITH THE DEPARTMENT OF STATE UNLESS A LATER TIME AND DATE IS SPECIFIED IN THE RULE.

EFFECTIVE DATE: January 21, 2020