MMTC Inspection Procedures

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64ER19-5MMTC Inspection Procedures

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 381.986, Florida Statutes.

SUMMARY: Emergency Rule 64ER19-5 sets forth the procedures for inspections of medical marijuana treatment centers.

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

 

THE FULL TEXT OF THE EMERGENCY RULE IS:

 

64ER19-5 MMTC Inspection Procedures.

(1) The department may conduct random and unannounced inspections of any MMTC facility or vehicle utilized by an MMTC. An MMTC’s refusal to allow entry or inspection is grounds for discipline under this chapter.

(2) An MMTC must allow department personnel complete, immediate, and unrestricted access to enter, inspect, monitor, and observe all areas and operations of an MMTC’s facilities, vehicles, and all areas where MMTC records are kept. MMTCs must allow department personnel to interview MMTC personnel during any inspection. MMTC personnel must cooperate with the department’s inspection and provide responses to inquiries.

(3) An MMTC must maintain at its facilities records necessary to substantiate its compliance with section 381.986, F.S., the department’s rules, and the specific representations in the MMTC’s application(s) on file with the department, including any department approved amendments or variances. The MMTC must make all such records available to the department for review during any inspection.

(4) During any inspection, an MMTC must demonstrate compliance with section 381.986, F.S., the department’s rules, and the specific representations in the MMTC’s application(s) on file with the department, including any department approved amendments or variances.

(5) If during any inspection the department identifies any deficiencies or violations of section 381.986, F.S., the department’s rules, or the specific representations in the MMTC’s application(s) on file with the department, including any department approved amendments or variances, the department will send written notice of the violation to the MMTC identifying the deficiencies or violations. Within seven calendar days of receipt of a written notice of a deficiency or violation, the MMTC must deliver to the department a written corrective action plan to resolve the deficiencies or violations. The corrective action plan must include, at a minimum, the action steps the MMTC intends to take to resolve the deficiency or violation, the specific deadlines for each action step, and the additional steps the MMTC intends to take to prevent future deficiencies and violations.

(6) Upon review of the corrective action plan by the department, the MMTC may be required to take specific additional action steps to cure the deficiencies or violations. The MMTC must comply with and perform all such additional steps as directed by the department.

(7) An MMTC is subject to additional inspections by the department to confirm that the deficiencies or violations have been resolved and that the corrective action plan has been implemented.

(8) An MMTC’s failure to resolve any deficiencies or violations identified during an inspection in the time period required by the department or specified in a corrective action plan is grounds for disciplinary action pursuant to this chapter.

Rulemaking Authority 381.986(10)(h), FS. Law Implemented 381.986 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: December 9, 2019