SECTION 310:681-2-5. Term and renewal of medical marijuana license

(a)   Patient License Term. Medical marijuana patient licenses issued under OAC 310:681-2-1 and OAC 310:681-2-2 shall be for a term of two (2) years from the date of issuance, unless the physician recommendation is terminated by the physician, the medical marijuana patient license holder is deceased, or the license is revoked by the Department or voluntarily surrendered by the patient.

(b)   Short-term patient license term. Short-term medical marijuana patient licenses issued under OAC 310:681-2-1(f) and OAC 310:681-2-2(g) shall be for a term of sixty (60) days from the date of issuance, unless the physician recommendation is terminated by the physician, the short-term patient license holder is deceased, or the license is revoked by the Department or voluntarily surrendered by the patient.

(c)   Caregiver license term. Caregiver's licenses may not extend beyond the expiration date of the underlying patient license regardless of the issue date.

(d)   Temporary patient license term. Temporary patient licenses issued under OAC 310:681-2-4 shall be for a term of thirty (30) days from the date of issuance, unless the temporary patient license holder is deceased or the license is revoked by the Department or voluntarily surrendered by the patient; however, temporary patient licenses may not extend beyond the expiration date of the underlying out-of-state medical marijuana patient license.

(e)   Change in information. All patient and caregiver licensees shall ensure that all information and records maintained in the licensee's online OMMA license account are complete, accurate, and updated in a timely manner.

(f)   Renewal. It is the responsibility of the license holder to renew the license, with all applicable documentation, prior to the date of expiration of the license by following the procedures provided in OAC 310:681-2-1, 310:681- 2-2, 310:681-2-3, and/or 310:681-2-4. The Department may refuse to renew a license of a patient or caregiver for the following:

(1)   Failure to meet the requirements for licensure set forth in 63 O.S. § 420 et seq; the Oklahoma Medial Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; or OAC 310:681.

(2)   Noncompliance with 63 O.S. § 420 et seq.; the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq.; the Oklahoma Medical Marijuana Waste Management Act, 63 O.S. § 427a et seq.; or OAC 310:681.

(g)   Renewal fee. The fee for renewal shall be the fee established in statute or under this Chapter for the license. Application fees are nonrefundable.

(h)   Surrender of license.

(1)   A licensed patient or caregiver may voluntarily surrender a license to the Department at any time.

(2)   If a licensee voluntarily surrenders a license, the licensee shall:

(A)   Return the license to the Department;

(B)   Submit a surrender license form provided by the Department; and

(C)   Submit proof of the licensee's identity through submission of documentation identified in OAC 310:681-1-7 (relating to Proof of Identity).

(3)   Patient and caregiver surrender forms and any other documentation or information submitted by a patient or caregiver shall be confidential.

(i)   Physician termination.

(1)   A recommending physician who determines the continued use of medical marijuana by the patient no longer meets the requirements for possession of a license may notify the Department of the physician's intent to terminate the physician recommendation by submitting a physician termination form provided by the Department signed within thirty (30) days of submission. A physician termination renders the patient license null and void.

(2)   The Department shall then immediately terminate the patient license. If the physician fails to comply with any further requests for information or documentation that the Department deems necessary to validate the physician termination, the Department may refuse to terminate the patient license.

(3)   The Department shall not terminate a minor patient license unless both recommending physicians have submitted a physician termination form.

(4)   Notice and a right to hearing shall be provided to the patient in accordance with the Oklahoma Medical Marijuana and Patient Protection Act, 63 O.S. § 427.1 et seq., and the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

(j)   License revocation and suspension. Except as otherwise provided in applicable Oklahoma law and these Rules, procedures for nonrenewal, revocation, and suspension of licenses are stated in the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq. These procedures provide for the licensee to receive notice and to have the opportunity to be present at a hearing and to present evidence in his or her defense. The Commissioner of Health or his or her designee may promulgate an administrative order revoking or suspending the license, dismissing the matter, or providing for other relief as allowed by law. At any time after the action is filed against the licensee, the Department and the licensee may dispose of the matter by consent order or stipulation. Orders are appealable in accordance with the Oklahoma Administrative Procedures Act, 75 O.S. § 250 et seq.

[Source: Added at 35 Ok Reg 659, eff 8-25-18 (emergency); Added at 35 Ok Reg 709, eff 8-25-18 (emergency); Added at 36 Ok Reg 1759, eff 9-13-19; Amended at 37 Ok Reg 13, eff 9-14-19 (emergency); Amended at 37 Ok Reg 168, eff 11-1-19 (emergency); Amended at 37 Ok Reg 1461, eff 9-11-20]