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4770.4002 DEFINITIONS.

Subpart 1.

Applicability.

The terms used in this chapter have the meanings given them in this part and in Minnesota Statutes, sections 152.22 to 152.37.

Subp. 1a.

Adverse incident.

"Adverse incident" means any negative medical occurrence in a person after using medical cannabis, either physical or psychological, including any harmful reaction, symptom, or disease.

Subp. 2.

DEA Registration Certificate.

"DEA Registration Certificate" means a certificate to prescribe controlled substances issued by the United States Department of Justice's Drug Enforcement Administration.

Subp. 3.

Disqualifying felony offense.

"Disqualifying felony offense" has the meaning given in Minnesota Statutes, section 152.22, subdivision 3.

Subp. 4.

Diversion or diverting.

"Diversion" or "diverting" means the intentional transferring of medical cannabis to a person other than a patient, designated registered caregiver, or a parent or legal guardian of a patient if the parent or legal guardian of a patient is listed on the registry verification.

Subp. 4a.

Diversion involving adverse incidents.

"Diversion involving adverse incidents" means any suspected incident of diversion that results in an adverse incident.

Subp. 5.

Evidence-based medicine.

"Evidence-based medicine" means documentation of published, peer-reviewed best evidence on research related to the use of medical cannabis, which includes up-to-date information from relevant, valid research about the effects of medical cannabis on different forms of diseases and conditions, its use in health care, the potential for harm from exposure, a clinical assessment of the effectiveness of medical cannabis in an ongoing treatment paradigm, and any other relevant medical information.

Subp. 6.

Financial interest.

"Financial interest" means any actual or future right to ownership, investment, or compensation arrangement with another person, either directly or indirectly, through business, investment, spouse, parent, or child in a medical cannabis manufacturer. Financial interest does not include ownership of investment securities in a publicly held corporation that is traded on a national exchange or over-the-counter market, provided the investment securities held by the person, the person's spouse, parent, or child, in the aggregate, do not exceed one percent ownership in the medical cannabis manufacturer.

Subp. 7.

Good standing.

"Good standing" means a person has a license or registration with a licensing board and is not subject to any restriction or oversight by the licensing board beyond others in the same class.

Subp. 8.

Health care practitioner.

"Health care practitioner" has the meaning given in Minnesota Statutes, section 152.22, subdivision 4.

Subp. 9.

Health record.

"Health record" has the meaning given in Minnesota Statutes, section 144.291, subdivision 2, paragraph (c).

Subp. 10.

Medical cannabis.

"Medical cannabis" has the meaning given in Minnesota Statutes, section 152.22, subdivision 6.

Subp. 11.

Medical cannabis manufacturer or manufacturer.

"Medical cannabis manufacturer" or "manufacturer" has the meaning given in Minnesota Statutes, section 152.22, subdivision 7.

Subp. 12.

Medical relationship.

"Medical relationship" means a treatment or counseling relationship, in the course of which the health care practitioner has completed a full assessment of the patient's medical history and current medical condition.

Subp. 13.

Minor.

"Minor" means an applicant who is under 18 years of age.

Subp. 14.

Parent or legal guardian.

"Parent or legal guardian" has the meaning given in Minnesota Statutes, section 152.27, subdivision 5.

Subp. 15.

Patient.

"Patient" has the meaning given in Minnesota Statutes, section 152.22, subdivision 9.

Subp. 15a.

Patient advocate.

"Patient advocate" means an individual with a knowledge of medical cannabis who promotes patient interests in safety, privacy, access, and affordability.

Subp. 15b.

Peace officer.

"Peace officer" has the meaning given in Minnesota Statutes, section 626.84, subdivision 1, paragraph (c).

Subp. 16.

Person.

"Person" means an individual, corporation, partnership, firm, association, trust, estate, public or private institution, group, agency, state or political subdivision of a state, or a legal successor, representative, agent, or agency of the person. Person does not include federal government agencies.

Subp. 17.

Qualifying medical condition.

"Qualifying medical condition" has the meaning given in Minnesota Statutes, section 152.22, subdivision 14.

Subp. 18.

Qualifying patent.

"Qualifying patient" means a resident of Minnesota who has been diagnosed by a health care practitioner as having a qualifying medical condition.

Subp. 19.

Registered.

"Registered" means licensed, permitted, or otherwise certified by the commissioner.

Subp. 20.

Registered designated caregiver.

"Registered designated caregiver" has the meaning given in Minnesota Statutes, section 152.22, subdivision 11.

Subp. 21.

Registry program.

"Registry program" has the meaning given in Minnesota Statutes, section 152.22, subdivision 12.

Subp. 22.

Registry verification.

"Registry verification" has the meaning given in Minnesota Statutes, section 152.22, subdivision 13.

Subp. 22a.

Serious adverse incident.

"Serious adverse incident" means any adverse incident that results in or would lead to one of these outcomes without medical intervention:

A.

in-patient hospitalization or additional hospital time for a patient who is already hospitalized;

B.

persistent or significant disability or incapacity;

C.

a life-threatening situation; or

D.

death.

Subp. 23.

Telemedicine.

"Telemedicine" means the practice of medicine as defined in Minnesota Statutes, section 147.081, subdivision 3, when the health care practitioner is not in the physical presence of the patient.

Subp. 24.

Therapeutic use.

"Therapeutic use" means the acquisition, possession, preparation, use, delivery, transfer, or transportation of medical cannabis or paraphernalia relating to the administration of medical cannabis to treat or alleviate a qualifying patient's qualifying medical condition or symptoms or results of treatment associated with the qualifying patient's qualifying medical condition.

Subp. 25.

Transport.

"Transport" means the movement of medical cannabis products from a manufacturer's distribution site to the residence of a registered qualified patient, or as otherwise provided by law.

Subp. 26.

Written certification.

"Written certification" means a document signed by a health care practitioner, with whom the patient has established a patient-provider relationship, which states that the patient has a qualifying medical condition and identifies that condition and any other relevant information required by Minnesota Statutes, section 152.28, subdivision 1.

Statutory Authority:

MS s 14.389; 152.26; 152.261

History:

39 SR 1760; 40 SR 1599

Published Electronically:

June 20, 2016