This rule is intended to outline the process and form necessary for required background screening of medical marijuana treatment center employees, owners, and managers as required by section 381.986, FS.

 

DEPARTMENT OF HEALTH

RULE NO.:RULE TITLE:

64-4.208:MMTC Background Screening

PURPOSE AND EFFECT:  This rule is intended to outline the process and form necessary for required background screening of medical marijuana treatment center employees, owners, and managers as required by section 381.986, FS.

SUMMARY: The rule outlines the requirements and procedures for background screening of individuals required to be screened prior to serving as employees, owners, or managers of an MMTC. 

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: Pursuant to section 381.986(17), FS, rules adopted pursuant to section 381.986, FS, before July 1, 2020 are not subject to ss. 120.54(3)(b) and 120.541, F.S.

RULEMAKING AUTHORITY: 381.986(8)(k), 943.05(2)(h)3., FS.

LAW IMPLEMENTED: 381.986(8)(b)8., 381.986(8)(e)4., 381.986(9), 943.05, FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Courtney Coppola [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64-4.208 MMTC Background Screening.

(1) Required Background Screening.

(a) No person may serve as an employee, owner, or manager, as those terms are defined by this chapter, of an MMTC unless and until the person has undergone and successfully passed a background screening, as provided in s. 381.986, F.S.

(b) An MMTC that allows a person to serve as an employee, owner, or manager without successfully passing a required background screening will be subject to discipline under this chapter.

(2) Background Screening Procedures.

(a) An MMTC must request and obtain clearance from the department before allowing any individual to serve as an employee, owner, or manager of the MMTC. 

(b) To request clearance of a prospective MMTC employee, owner, or manager, an MMTC must provide, via email to [e-mail], a request that the department process the individual’s background screening report. The MMTC’s request for clearance of a prospective employee, owner or manager must include the full name of the person(s) submitting to background screening together with Form DH8016-OMMU-12/2019, “Waiver Agreement and Statement” incorporated by reference and available at https://www.flrules.org/Gateway/reference.asp?No=Ref-XXXXX, which must be completed and signed by the prospective employee, owner, or manager.  

(c) Persons required to undergo background screening must submit accurate demographic information and a full set of fingerprints to a Livescan Service Provider and, at the time of submission, give to the Livescan Service Provider the ORI number FL924890Z (DOH – OFFICE OF MEDICAL MARIJUANA USE). 

(d) Once generated, the background screening report will be sent directly to the department. The department will not process the background screening report unless and until it receives a clearance request from an MMTC, as provided in paragraph (2)(b). If an MMTC does not request clearance from the department within six months from the date the prospective employee, owner or manager submitted fingerprints to a Livescan Service Provider pursuant to paragraph (2)(c), the department will be unable to process the background screening report and the individual will again be required to submit fingerprints to a Livescan Service Provider pursuant to paragraph (2)(c).

(e) After receipt of the background screening report, the department may issue to the individual requests for additional information or clarification necessary to complete the background screening process. Upon assessing the background screening report and any additional information received from the individual, the department will issue notice to the individual stating whether the individual passed the background screening. The department will also issue notice to the MMTC advising whether the individual has been cleared to serve as an employee, owner, or manager of the MMTC.

(f) If an individual’s fingerprints are rejected twice for image quality, the individual shall participate in the Federal Bureau of Investigation’s name check procedure for fingerprint submissions rejected twice due to image quality.  

(g) An MMTC must retain in its records clearance notices from the department for all employees, owners, and managers currently serving the MMTC and must retain the notices for at least five years after the employee, owner, or manager is terminated, removed, or otherwise separated from the MMTC.

(3) Fingerprint Retention Fees and Notifications. 

(a) The annual fee for participation in the AFRNP is $6.00 per individual record retained. There is no fee for the initial year of participation. 

(b) The department will direct FDLE to enter and retain the fingerprints of all MMTC employees, owners, and Managers in the AFRNP. MMTCs must notify the department in writing within 30 calendar days of the termination or separation of any employee, owner, or manager so that the individual’s fingerprints may be removed from the AFRNP.

(4) Disclosure of Arrest Reports and Continuing Background Clearance.

(a) After becoming aware of the arrest of any employee, owner, or manager of the MMTC for any of the disqualifying offenses provided in s. 435.04, F.S., or for an offense under chapter 837, chapter 895, chapter 896 or similar law of another jurisdiction, the MMTC shall provide notice to the department. Such notice shall be provided to the department in writing within 48 hours of becoming aware of the individual’s arrest and shall include the following information:

1. Name of the arrested individual;

2. Position or job title of the arrested individual; and

3. A copy of the arrest report, if available.

(b) If the department receives any arrest notification concerning an MMTC employee, owner, or manager that renders the individual ineligible to serve as an MMTC employee, owner, or manager, the department will provide written notice to the MMTC. Within 24 hours of receiving written notice from the department, an MMTC must terminate the employee or manager or remove the owner from his or her position.

Rulemaking Authority 381.986(8)(k), 943.05(2)(h)3. FS. Law Implemented 381.986(8)(b)8., 381.986(8)(e)4., 381.986(9), 943.05, FS. History—New   .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Coppola, Chief of Staff and Marijuana Coordinator

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Scott A. Rivkees, MD, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 11, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 10, 2019