DEPARTMENT OF HEALTH
RULE NO.:RULE TITLE:
64-4.202MMTC Inspection Procedures
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 45 No. 242, December 16, 2019 issue of the Florida Administrative Register.
64-4.202 MMTC Inspection Procedures.
(1) The department may conduct random and unannounced inspections of any MMTC facility or vehicle utilized by an MMTC to determine 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. 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 including, without limitation, areas where marijuana, records, or equipment is located, or where MMTC business is conducted MMTC's facilities, vehicles, and all areas where MMTC records are kept. During an inspection, the an 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 oral inquiries.
(3) During any inspection, the An MMTC must make its records accessible to the department 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 records provided during an inspection may be supplemented within 24 hours after conclusion of the inspection by providing additional electronic records to the department via email to OMMULicenseOperation@flhealth.gov. 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.
(4)(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 a written notice of the violation to the MMTC identifying the deficiencies or violations. The notice of violation may include disciplinary action in accordance with MMTC rules.
(5) Notwithstanding any disciplinary action included in a notice of violation, wWithin seven calendar days of receipt of a written notice of a deficiency or violation, the MMTC must provide deliver to the department a written corrective action plan to resolve the identified deficiencies or violation(s). 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. The corrective action plan must be provided via email to OMMULicenseOperation@flhealth.gov.
(6) through (7) No change.
(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 an additional grounds for disciplinary action pursuant to this chapter.
Rulemaking Authority 381.986(10)(h), FS. Law Implemented 381.986 FS. History – New ____.
