NAC453A.452. Patient records.

     1. Each medical marijuana dispensary shall ensure that:

     (a) A patient record is established and maintained for each holder of a valid registry identification card who obtains marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary;

     (b) An entry in a patient record:

          (1) Is recorded only by a medical marijuana establishment agent who is authorized by the policies and procedures of the medical marijuana dispensary to make an entry;

          (2) Is dated and signed by the medical marijuana establishment agent who is recording the entry;

          (3) Includes the number of the medical marijuana establishment agent registration card of the medical marijuana establishment agent who is recording the entry; and

          (4) Is not changed to make the initial entry illegible;

     (c) If an electronic signature is used to sign an entry, the medical marijuana establishment agent whose signature the electronic code represents is accountable for the use of the electronic signature;

     (d) A patient record is only accessed by a medical marijuana establishment agent authorized by the policies and procedures of the medical marijuana dispensary to access the patient record;

     (e) A patient record is provided to the Division for review upon request;

     (f) A patient record is protected from loss, damage or unauthorized use; and

     (g) A patient record is maintained for at least 5 years after the date on which the patient or his or her designated primary caregiver last requested marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary.

     2. If a medical marijuana dispensary maintains patient records electronically, the medical marijuana dispensary shall ensure that:

     (a) There are safeguards to prevent unauthorized access; and

     (b) The date and time of an entry in a patient record is recorded electronically by an internal clock.

     3. A medical marijuana dispensary shall ensure that the patient record for a holder of a valid registry identification card who requests or whose designated primary caregiver on behalf of the holder of the valid registry identification card requests marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary contains:

     (a) Patient information that includes:

          (1) The name of the patient;

          (2) The date of birth of the patient; and

          (3) The name of the designated primary caregiver of the patient, if applicable;

     (b) Documentation of any patient education and support materials provided to the patient or the designated primary caregiver of the patient, including, without limitation, a description of the materials and the date on which the materials were provided; and

     (c) For each time the patient requests and does not obtain marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary or, if applicable, the designated primary caregiver requests on behalf of the patient and does not obtain marijuana, edible marijuana products or marijuana-infused products from the medical marijuana dispensary, the following:

          (1) The date;

          (2) The name and number of the registry identification card of the patient who requested the marijuana, edible marijuana products or marijuana-infused products; and

          (3) The reason the marijuana, edible marijuana products or marijuana-infused products was not provided.

     (Added to NAC by Div. of Pub. & Behavioral Health by R004-14, 3-28-2014, eff. 4-1-2014)