Ala. Admin. Code r. 538-X-2-.02

Current through Register Vol. 42, No. 11, August 30, 2024

Section 538-X-2-.02 - Definitions

As set forth in this Chapter, the following definitions apply

(1) "Administer" or "administration." The introduction of medical cannabis into the body of a human, whether through use of an inhaler, ingestion, or any other approved means, whether by a registered qualified patient (self-administration), a registered qualified caregiver, or (improperly) by another.

(2) "Professional Caregiver." Someone whose career is to assist another person in a way that enables them to live as independently as possible. For the purposes of these Rules, a professional caregiver must be (A) over 21 years of age and (B)(1) licensed, having passed a basic screening test provided by the Alabama Medicaid Agency in collaboration with the Alabama Department of Rehabilitation Services and the Alabama Department of Senior Services); (2) certified by the American Caregiver Association; or (3) employed as a nurse, therapist or other healthcare provider by a hospital, long-term care facility or hospice program licensed under Alabama law.

(3) Refuse to grant or renew." As used in this Chapter, to deny original or continued registration for a period of at least twelve months. After twelve months or such period of time as the individual Commission order may require, a patient or caregiver or an individual who desires to attain such status by registration, and whose registration the Commission has refused to grant or renew, may make application to the Commission for issuance of a new registration in accordance with the Act and this Chapter. An individual who desires to attain patient or caregiver status by registration and whose registration the Commission has refused to grant or renew must satisfy all requirements established by the Commission.

(4) "Revoke." As used in this Chapter, to take action against a patient's or caregiver's registration, rendering such registration void; such registration may not be reissued. "Revoke" is an action that is permanent against the registration and the patient or caregiver.

(5) "Stale Registration." A submission to register as a patient or caregiver whereby the submitting party fails to complete all submission requirements within 60 calendar days of the initiation of a registration by a registered certifying physician, and after being notified by the Commission, subject to the factors that would otherwise remove the submitter from consideration under the Act and this Chapter. An individual forfeits all fees associated with a stale registration submission. The Commission shall not be required to act on, and may destroy, any stale registration submission. If the registration is stale, the submitter shall be required to reapply for registration in accordance with the Act and this Chapter, in effect at the time of resubmission.

(6) "Suspend." To take action against a registration, rendering such registration without force and effect for a period of time as determined by the Commission.

(7) "Under the Influence of Medical Cannabis." At a level that would cause the user to be violation of current State law as it pertains to marijuana (cannabis).

Ala. Admin. Code r. 538-X-2-.02

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.