[Margaret Flerchinger - OHA] 13:04:03 Hello, everybody. We're going to get this rec meeting started. [Margaret Flerchinger - OHA] 13:04:08 I have pressed the record button. So this meeting is being recorded. [Margaret Flerchinger - OHA] 13:04:14 And this will be posted on our website after the meeting. So anybody can review. This meeting also is being transcribed, and I will post the transcription also on our website. [Margaret Flerchinger - OHA] 13:04:29 And if you'd like to turn on. Let's see, I can show closed captioning as well, if that helps some folks. So that is on now as well. [Margaret Flerchinger - OHA] 13:04:38 So to get started today, my name is Margaret Flerchinger, and I'm the rules and operations liaison for the Oregon Health Authority. [Margaret Flerchinger - OHA] 13:04:48 Sorry, I have two screens here that I'm looking at. Let me move my notes over here. [Margaret Flerchinger - OHA] 13:04:55 And I'm with the medical cannabis and psilocybin section, which is formerly known as the Oregon Medical Marijuana program, or OMMP. It's the same program. So if you hear omen P or Mcap, it's the same program. It's just that medical cannabis and psilocybin merged into one program. So I just wanted to. [Margaret Flerchinger - OHA] 13:05:16 Let everybody know that up front, I'll probably mention again later. [Margaret Flerchinger - OHA] 13:05:20 And today is Tuesday. It's 2026, and this is the Rose Advisory Committee meeting or RAC for Division H, which pertains to medical cannabis patients, caregivers, dispensaries, and processing site. Today's meeting will cover the implementation of House Bill 4142. [Margaret Flerchinger - OHA] 13:05:37 Also known as known as Ryan's Law. And there'll be other minor changes to Division 8 that we'll cover as well. [Margaret Flerchinger - OHA] 13:05:45 The meeting material for this meeting may be found on Lmps or mcaps rules and statutes page, which could be found at healthoregon.org/omnp and selecting rules and statutes from the left sidebar. [Margaret Flerchinger - OHA] 13:06:01 This meeting is being held over Zoom and is being recorded, as I mentioned, and the recording will be posted on that same website that I just mentioned. [Margaret Flerchinger - OHA] 13:06:11 And thank you everyone for being on mute. And if you can continue just to keep yourselves on mute through the meeting, unless you're called upon to speak. That'll just help on background noise and the recording. So thank you for that. [Margaret Flerchinger - OHA] 13:06:26 So the public is invited to listen to the RAC meeting, but only Rec members may be involved in the discussion of the proposed rule changes during the RAC meeting. Public may be able to write comment on a final proposed rule draft at a later time, and that information will be posted on Omp's rules page. [Margaret Flerchinger - OHA] 13:06:43 Notification of the public comment period will also go out through the OMP listserv, which you can sign up for on our homepage, which is again healthoregan.org/elmp. On the right side. [Margaret Flerchinger - OHA] 13:06:58 There's a button there to click on general updates, and that's where you can sign up for the listserv. [Margaret Flerchinger - OHA] 13:07:05 The purpose of the rack is to increase the public's involvement in development of administrative rules. [Margaret Flerchinger - OHA] 13:07:12 REC meetings are a way to solicit input from internal and external stakeholders who are likely to be impacted by development or amendment of agency policy rules. [Margaret Flerchinger - OHA] 13:07:22 RAC members include those impacted by the rules, such as OMP registrants, small businesses, members of the public, partner agencies, and other interested parties. [Margaret Flerchinger - OHA] 13:07:33 that chief sponsor of each bill of House Bill 4142 Rep Chachi has been invited to participate in this meeting, so you may or may not see them here today to provide input or anything else they'd like to add. [Margaret Flerchinger - OHA] 13:07:48 The reason for having all these members on the committee today is to hear from different communities that may be impacted by these rules. [Margaret Flerchinger - OHA] 13:07:56 Rex Roles advisory only and consensus is not necessary. Rac's input will be considered for possible integration into the final rules. Rac members are encouraged to communicate information or concerns during the RAC meeting and afterwards to me. [Margaret Flerchinger - OHA] 13:08:12 My email if you would like. So in today's rec meeting, we'll start by a brief overview of House Bill 4142. [Margaret Flerchinger - OHA] 13:08:23 Proposed changes to Division 8 will be followed and then a review of the statement of need, fiscal impact and racial equity statement afterwards. [Margaret Flerchinger - OHA] 13:08:32 and review the rule changes in each section and ask for feedback from the rec. Please use the raise hand button to be called upon before speaking. That can be found under the reactions button at the bottom of your screen. When you click on that, there'll be an option there to raise your hand. [Margaret Flerchinger - OHA] 13:08:49 And once I see that, um, once I've done speaking, or at the right time, I will call on you for your comment, and then you just have to click that button again to lower your hand. [Margaret Flerchinger - OHA] 13:09:00 Wow. And when I call on you, I will also state your name for the record, so that we know who's making the comments. [Margaret Flerchinger - OHA] 13:09:08 The rep should provide meaningful feedback on the proposed changes and the impact the change may have on you or your business or processes, any fiscal or equity impact. And just to note that the chat box is only available to send messages to the host. [Margaret Flerchinger - OHA] 13:09:23 So that would be me and Jesse on our team who will be monitoring that for me. [Margaret Flerchinger - OHA] 13:09:30 We will read applicable comments out loud to the rest of the committee. As a reminder, all comments in the chat box are public record. We ask that we all respect everyone on this committee. And as a reminder in this forum to discuss the proposed rule changes. [Margaret Flerchinger - OHA] 13:09:44 The REC meeting is not a time to bring up new topics that are not related to the pros changes. These changes that we discussed today get adopted. They would be effective January 1, 2027, which is also the timeline outlined in House Bill 4142. [Margaret Flerchinger - OHA] 13:10:02 If there's a fiscal or a racial impact identified for a particular section as we're reviewing it, please feel free to bring it up at that time while we review the section. Otherwise, when we get to the statement of need, fiscal impact and racial equity statement review at the end of the meeting, you could also just state it there. [Margaret Flerchinger - OHA] 13:10:20 I'm gonna do roll call so we know who's here today. And when I call your name, please indicate you're here and who you represent. [Margaret Flerchinger - OHA] 13:10:34 Okay. Do we have Tyler Gabriel? [Margaret Flerchinger - OHA] 13:10:45 Tyler, are you here with us today? [Margaret Flerchinger - OHA] 13:10:53 not hearing from Tyler. So Eric Carlson, are you here today? [Margaret Flerchinger - OHA] 13:11:03 Eric. All right. How about… John Mabri. [John Mabry] 13:11:15 Yes, here. Good afternoon representing Out West Cannabis. Thank you for having me. [Margaret Flerchinger - OHA] 13:11:26 Okay, thank you, John, and for some reason I think my audio might not be working. So let me switch something here. [Margaret Flerchinger - OHA] 13:11:46 Okay, we'll see if that fixes it. But, John, I did see that you were here with us today. So thank you. [Margaret Flerchinger - OHA] 13:11:54 Sharon Cohen. [Sharon’s iPad] 13:11:59 Yep, I'm here. and I am representing care providers and patients. [Margaret Flerchinger - OHA] 13:12:10 Great. Thank you, Sharon. My audio is still not working, so I'm just going to remove my external speaker so I don't have to mess with it right now. [Margaret Flerchinger - OHA] 13:12:25 Okay. All right. Next up, Richard Curtis. [Samsung SM-S926U] 13:12:37 Yes, I'm here. Representing growers and patients. [Margaret Flerchinger - OHA] 13:12:40 Great. Thank you, Richard. [Margaret Flerchinger - OHA] 13:12:52 Richard, are you able to rename yourself? And if not, maybe Jesse would be able to help you with that. [Samsung SM-S926U] 13:12:59 Yeah, I've been trying to figure that out. Um… So… [Margaret Flerchinger - OHA] 13:13:03 Okay. No, that's okay. If you. Let's see. Usually it's you. If you ever there's 3 dots over your your screen that appear. [Margaret Flerchinger - OHA] 13:13:17 and then you can rename yourself there. If not, maybe Jesse could assist you with that as co-host. [Margaret Flerchinger - OHA] 13:13:25 I'm going to keep… [Jesse Sweet, OHA (he/him)] 13:13:26 Yeah, thank you, Margaret. I'm in the process of assisting, but I did not get Richard's last name. [Margaret Flerchinger - OHA] 13:13:34 Curtis. [Margaret Flerchinger - OHA] 13:13:39 Thank you, Jesse. Okay, next up, Bethany Johnston. [Bethany Johnston] 13:13:49 I am here. I am representing patients and growers and several farms in Southern Oregon. [Margaret Flerchinger - OHA] 13:13:56 Okay, thank you. And Brenda Thomas. [Brenda Thomas] 13:14:04 Hello, yes, I'm here. My name is Brenda Thomas. I represent, oh, God, so much stuff. Southern Oregon Patient Awareness Center is my office. I work with Compassionate Oregon. I'm also here for patients, growers, and I do metric reporting for medical farms, and I also am an advisory committee for Senator Prasanski regarding the program. [Margaret Flerchinger - OHA] 13:14:24 Okay, thank you, Brenda. And next up, Anthony Taylor. [Anthony Taylor] 13:14:31 I am here, Margaret. Thank you very much. [Margaret Flerchinger - OHA] 13:14:35 Great. Thank you. Jim May. [motorola moto g - 2025] 13:14:40 I'm here. And, uh… I'm just, uh, wanting to get information as a medical patient and consumer. [Margaret Flerchinger - OHA] 13:14:51 Great. Thank you. And Clifford Spencer. [Margaret Flerchinger - OHA] 13:15:07 Clifford, are you with us? [Margaret Flerchinger - OHA] 13:15:16 Not hearing. our wave. Okay, sorry, I can't see everybody on the screen. [Anthony Taylor] 13:15:16 He just… he just gave us a wave, uh, Margaret. [Anthony Taylor] 13:15:21 Yeah. Also, um… Also, if I may, I forgot to identify who I'm with. I'm legislative director for compassionate Oregon and chair of the Oregon Cannabis Commission. Thank you. [Margaret Flerchinger - OHA] 13:15:34 Okay, great. Clifford. I'm not sure. Do you want to introduce yourself or check your audio? [Clifford Spencer] 13:15:44 Hi, I'm sorry. I'm a little tech challenged. Clifford Spencer. I'm the founder and coordinator of the co-op. [Clifford Spencer] 13:15:51 Assisting patients in residential care facilities, and patients on hospice and palliative care with implementation of the OMA. [Margaret Flerchinger - OHA] 13:16:01 Thank you, Clifford. And do we have a grant or Greg and Ringa? [Margaret Flerchinger - OHA] 13:16:15 Greg, are you here today? [Margaret Flerchinger - OHA] 13:16:23 Okay. and Warren Bird. [Warren Bird] 13:16:29 I am here. I'm Warren Bird. I'm a policy analyst with the Department of Human Services and Community-Based Care representing assisted living, residential care, and memory care in the state. Thanks for letting me be here. [Margaret Flerchinger - OHA] 13:16:41 Thank you, Warren and Rose Herrera. Are you here? [Rose Herrera- State of Oregon ODHS ODDS] 13:16:46 Yes, this is Rose Rare with the Office of Developmental Disability Services. [Margaret Flerchinger - OHA] 13:16:51 Great. And did do we have chastity or anybody? [Margaret Flerchinger - OHA] 13:16:59 assisting or an aide from rep Chauncey's office here today, just for the record. [Margaret Flerchinger - OHA] 13:17:12 Okay, they might join later. We'll see. Okay, some other folks. Do we have either Michael Olson or Jeremy Pratt here today? [Margaret Flerchinger - OHA] 13:17:31 Okay, Phillips Windows was also invited, but he emailed me indicating he wasn't going to be able to make it unless Spencer Mullen. [Margaret Flerchinger - OHA] 13:17:45 There. Okay. And then, as far as. [Margaret Flerchinger - OHA] 13:17:52 folks that are part of Omp or supporting Omnp. We do have Stephanie case on. [Margaret Flerchinger - OHA] 13:17:59 The meeting, she is our DOJ attorney. This will have Megan Lockwood. Megan, do you want to introduce yourself? [Megan Lockwood] 13:18:11 Sure. Hi, everyone. I'm Megan Lockwood. I use she/her pronouns. Formerly the section manager for the Medical Marijuana program. I'm currently the Interim Director for the Health Licensing Office. My role today for this meeting is I'm just assisting the. [Megan Lockwood] 13:18:26 The new Medical Cannabis and psilocybin section in completing this rulemaking. Uh, we appreciate having everybody here, and thank you for joining us today. [Margaret Flerchinger - OHA] 13:18:40 Thanks, Megan. And the last person I'll introduce is Candace Garringer. She is our current program manager. Candace, do you want to say anything else? [Candice Geringer OHA/MCAP] 13:18:52 I know that's everything, um, on the registry card manager for, um, now MCAP. [Candice Geringer OHA/MCAP] 13:18:58 Thank you. [Margaret Flerchinger - OHA] 13:19:00 Great. Thank you, everybody, for joining us today. Appreciate it. [Margaret Flerchinger - OHA] 13:19:07 start things off. I am going to do a overview of House Bill 4142, what it does, what is what it does not do, and also a little overview of what the program does itself. [Margaret Flerchinger - OHA] 13:19:23 and how all this works. [Margaret Flerchinger - OHA] 13:19:29 So I will start off by mentioning again that as of September 1 of this year, the Oregon Medical Marijuana program and the Oregon Psilocybin services merged. [Margaret Flerchinger - OHA] 13:19:39 And the two programs are now called the Medical Cannabis and Psilocybin Section, or NCAP for short. And during our time of transition, you may hear both MCAP and OMIN-P being used, but they refer to the same program. [Margaret Flerchinger - OHA] 13:19:56 And this is just covering mental cannabis. There's no psilocybin involved in any of this rulemaking or anything that we'll be doing today. [Margaret Flerchinger - OHA] 13:20:03 So our authority under the Oregon Medical Marijuana Act is to issue registration cards for those that qualify. [Margaret Flerchinger - OHA] 13:20:12 The OMA does not give OMP authority over nurses, other staff, or the indoor Clean Air Act. These are all items that OMMP or MCAP cannot write rules around, and these items will not be addressed throughout today. These items often under other departments or programs, either within. [Margaret Flerchinger - OHA] 13:20:29 OHA or DHS. So as far as organization and facility caregivers, a patient may designate an organization or a facility caregiver as an additional caregiver to be designated as an additional caregiver, an authorized administrator from the organization or facility must consent. [Margaret Flerchinger - OHA] 13:20:50 to the organization or facility being designated as a caregiver by completing an attestation form. So this is not something that's required that facilities have to do. This is still optional on their end, and they do have to consent. [Margaret Flerchinger - OHA] 13:21:05 to being named as an additional caregiver or an organization or facility caregiver. And then a person at that facility does need to be assigned as the person responsible, and that person's responsible for transporting marijuana to the patient and purchasing. [Margaret Flerchinger - OHA] 13:21:21 that marijuana for the patient from a dispensary. Once the. [Margaret Flerchinger - OHA] 13:21:28 Marijuana is on site. It's up to the facility as to how or who is going to be working with that patient as far as direct care. Omp doesn't have authority on directing who that's going to be or how that's going to work. There's, again, other agencies that oversee. [Margaret Flerchinger - OHA] 13:21:47 those facilities and. They would be the ones that would kind of dictate that. So we won't be covering kind of what those responsibilities are. Again, OMP's authority is just to issue registration cards if the person meets the qualifying conditions and parameters for getting a card. [Margaret Flerchinger - OHA] 13:22:07 So for House Bill 4142, there's an operative date of January 1, 2027. So all these rules that we'll discuss today, the changes, they would be effective January 1, 2027. [Margaret Flerchinger - OHA] 13:22:20 And there's three main things that the bill does that affects the program. The draft rules that we'll review today. [Margaret Flerchinger - OHA] 13:22:28 We'll indicate how we're going to implement them. So the first thing it does, the first thing 4142 does is it adds a new qualifying condition to the list of qualifying conditions that an attending provider can recommend medical cannabis to a patient. [Margaret Flerchinger - OHA] 13:22:44 So that new condition is the need for hospice, palliative care, comfort care, or symptom management, including comprehensive pain management. So that's their new symptom. [Margaret Flerchinger - OHA] 13:22:57 or sorry, our new debilitating condition. That's part of the role. The second thing the bill does is it outlines if an organization or residential facility is designated by a patient as an additional caregiver. [Margaret Flerchinger - OHA] 13:23:11 But they'll have to have written policies and procedures and that they'll help to provide direct care staff with training. Now, there are a list of facilities that would be exempt from that, and they include residential treatment or residential treatment facilities. [Margaret Flerchinger - OHA] 13:23:27 home health agencies, hospice programs that provide for delivery of home health care services, hospitals and hospital affiliated clinics. So that list that I just mentioned does not need the policies, the procedures, or the training. [Margaret Flerchinger - OHA] 13:23:43 That's required under 4142. But anybody else that would qualify as an organization or facility caregiver would need to have policies, procedures, and the training. [Margaret Flerchinger - OHA] 13:23:57 The 3rd thing the bill does in terms of what Lmp is able to do is that. [Margaret Flerchinger - OHA] 13:24:05 It allows us to have a conditionally approved organization or facility caregiver as an additional caregiver before the operative date of the bill. So that means, and this is something we're not writing into rule. We're going to rely on the bill and the statute itself for implementing. That means if there's any. [Margaret Flerchinger - OHA] 13:24:23 Residential or facility caregivers currently registered or registered before January 1 of 2027, they have an extended deadline to meet the requirements of policies, procedures, and training. [Margaret Flerchinger - OHA] 13:24:36 So I think we only have one right now. They were invited to this rack. [Margaret Flerchinger - OHA] 13:24:41 Hope they show up, they were not… they did not answer when I did roll call, but we are working with them to get them this information. [Margaret Flerchinger - OHA] 13:24:50 So the deadlines are if somebody is registered before January 1, 2027, they would have until June 30th of 2027 to create the written policies. [Margaret Flerchinger - OHA] 13:25:03 that are in Section 3 of House Bill 4142, and they would have until December 31st, 2027, to make the educational training requirements available to their staff. [Margaret Flerchinger - OHA] 13:25:16 And if an organization or facility that is designated or conditionally designated as an additional caregiver doesn't meet those deadlines, then OHA would have authority to remove them as a caregiver until they. [Margaret Flerchinger - OHA] 13:25:32 basically reapply if they want to reapply or. still assist patients with this, um, that they would have to have their policies, procedures, and trainings when they do apply with us. [Margaret Flerchinger - OHA] 13:25:46 So some things I already mentioned, but I'll go through it again, what what this bill does not do. So there's no new registration type organization of facility caregivers have been allowed as additional caregivers for a few years, and they do have to consent to being listed as an additional caregiver for a patient. It's not required for. [Margaret Flerchinger - OHA] 13:26:04 facilities to participate in this if they don't want to. [Margaret Flerchinger - OHA] 13:26:10 The bill does not give us Omnp authority to create, review, or approve the policies, procedures, or the training material. We just have to ensure that facilities have them. [Margaret Flerchinger - OHA] 13:26:25 and it does not give us the authority over nurses, or how protections for nurses or other direct care staff works that lies with the agencies that license nurses and that other staff. [Margaret Flerchinger - OHA] 13:26:38 And lastly, the bill does not give us authority over the Clean Air Act, and if smoking or vaping would be allowed in these facilities, they would still need to follow the indoor Clean Air Act, or it'd be up to the facility to determine how they want to try to meet those standards, and how meet the care of their patients. So. [Margaret Flerchinger - OHA] 13:26:54 I just wanted to bring that up front since I've been getting questions emailed to me ahead of the meeting, so I'll make sure everyone is aware of that. [Margaret Flerchinger - OHA] 13:27:03 And with that, we're going to start right into the rules. [Margaret Flerchinger - OHA] 13:27:08 and I'll review each section. Oh, I see a question from Warren. [Warren Bird] 13:27:14 Hi, thanks. This is Warren with DHS. I just wanted to make sure I heard that correctly, because it was kind of directly affecting us that if one of our facilities don't want to participate in the program, that they do not have to. [Margaret Flerchinger - OHA] 13:27:29 Correct. So yeah, Omp does have a consent form that has to be filled out by the facility. So if a patient wants to designate a facility, it's not that the patient just designates them. They are that facilities automatically registered with us. That facility has to fill out a consent form saying, Yes, I agree. [Warren Bird] 13:27:30 Okay. [Margaret Flerchinger - OHA] 13:27:47 to provide medical cannabis on site to the patient and they have to assign a point person because we have to issue a card to a person, because that card ultimately allows that person at the facility to purchase and transport medical cannabis to the facility for the patients. [Warren Bird] 13:27:57 Mm-hmm. [Warren Bird] 13:28:07 Awesome. Okay. [Margaret Flerchinger - OHA] 13:28:09 Yep. Anthony. [Anthony Taylor] 13:28:14 Yes, thank you, Margaret. So if a facility. that is required. [Anthony Taylor] 13:28:22 to permit the use of cannabis. They can opt out. [Margaret Flerchinger - OHA] 13:28:27 No one's required to do anything. Nobody's required to be patient. No one's required to be… It's optional. The facility needs to consent to being a a designated facility, because we have to name a person, and we have to find out who that person is so we can issue a card. And this has been in role for for years as an additional caregiver. [Anthony Taylor] 13:28:30 Yes, the statute. [Anthony Taylor] 13:28:48 Yes, I understand that. So if a facility refuses to attest to allowing that, but they already have patients that are using cannabis in the facility through their primary caregiver without a designated organization or facility caregiver. [Anthony Taylor] 13:29:06 We still going to is that still going to be good? [Margaret Flerchinger - OHA] 13:29:12 I mean, I'm sure you're asking if a patient has a caregiver that provides them with cannabis. Does the facility that they're at have to allow them to consume that cannabis? [Anthony Taylor] 13:29:23 Yes. [Margaret Flerchinger - OHA] 13:29:24 I think that falls out of the purview of Omnp. And what we have authority to require. [Anthony Taylor] 13:29:30 Well, the statute really plainly states that they will permit the use. [Anthony Taylor] 13:29:37 So I'm confused. [Margaret Flerchinger - OHA] 13:29:37 Yeah. I I would have to confer with DOJ on that to see what the exact interpretation is. But. [Margaret Flerchinger - OHA] 13:29:47 as far as a facility. facility caregiver. [Margaret Flerchinger - OHA] 13:29:53 And our role with the facility caregiver is we would permit or issue a certificate card to that facility caregiver, and they'd have a point person who would purchase medical canvas for the patient and transport that medical cannabis to the patient. [Margaret Flerchinger - OHA] 13:30:10 Um, how that works with a facility being required, whether they're designated or not, I don't know. I don't know the answer to that. But in our world of Omnp and what we can and cannot do, we we can register facility caregivers if they qualify and they consent to it. [Anthony Taylor] 13:30:30 There's no… I don't know. Maybe Jesse can provide some insight into this, but there's no opt out for this. They shall permit according to statute. [Megan Lockwood] 13:30:43 This is Megan Lockwood. I think this is definitely a legal question. The bill says if they are designated, then they shall do these things. [Megan Lockwood] 13:30:55 So I think… There's some interpretation that could be had there. [Anthony Taylor] 13:31:01 Okay, thank you, Megan. [Megan Lockwood] 13:31:03 Yeah. [Margaret Flerchinger - OHA] 13:31:07 Sharon, you have your hand raised. [Sharon’s iPad] 13:31:13 Yes, there's nothing then in the statute that suggests or states that the facility has to use an employee. Is it possible that the original care provider could be that person? [Sharon’s iPad] 13:31:27 Still? Is there anything… I'm not hearing you say that there's anything that prevents the care facility from deciding how to pick the person that's on the card, the name that's on the card. So does it designate it needs to be an employee other than they obviously would need to go through the training? [Margaret Flerchinger - OHA] 13:31:47 Typically, we have facility caregivers assign an employee to that duty because they're purchasing not just for like one patient, they could be purchasing for multiple patients at the facility, and that card would allow them. [Margaret Flerchinger - OHA] 13:32:04 basically possession limits to allow more than just what like a regular person could hold. [Margaret Flerchinger - OHA] 13:32:11 So it's kind of up to the facility like if the patient does have their own caregiver, and they want that person to be able to pick the medicine for them. That's perfectly fine. If the patient wants the facility to do that or have that as a backup. [Sharon’s iPad] 13:32:13 Mm-hmm. [Margaret Flerchinger - OHA] 13:32:26 They can do that as well. [Sharon’s iPad] 13:32:27 Okay, so that seems clear, then, that the, you know, would be… not necessarily just an employee of the facility, that it could be discussed and a person could come to the conclusion that if their original care provider could be that person, and or, if nothing else, possibly. [Sharon’s iPad] 13:32:46 be able to work with the person that does become their care provider for the facility. For instance, if you're a grower. [Sharon’s iPad] 13:32:54 You wouldn't want your patient to be forced to go at that point to a dispensary. So I assume there'd be… [Margaret Flerchinger - OHA] 13:33:01 Yep. Yeah, they can go to the grower if that's the case. Yep. [Sharon’s iPad] 13:33:03 Yeah. Okay. All right. Thank you. [Margaret Flerchinger - OHA] 13:33:06 Sure. Okay. Yeah. Uh, and then… Yeah. So I just want to do a quick screen share here of the bills that were on the. [Margaret Flerchinger - OHA] 13:33:19 Same page here. This is actually what Megan was just talking about or mentioned just to find the right screen here. [Margaret Flerchinger - OHA] 13:33:31 I hit back. [Margaret Flerchinger - OHA] 13:33:33 So in the bill, Section 3 does state an organization or facility or residential facility designated under 475 c. 791. [Margaret Flerchinger - OHA] 13:33:45 shall allow a patient or resident described in 4 of this section to engage in medical use. So they do have to be designated in order to allow the use. [Margaret Flerchinger - OHA] 13:33:54 Uh, so I just wanted to make sure that was clear for everybody here, that you do have to be designated. That facility does have the consent to being designated, and if they do consent to being designated, then yes, they are permitted to, um. [Margaret Flerchinger - OHA] 13:34:09 you engage in medical cannabis use. [Margaret Flerchinger - OHA] 13:34:17 It's Anthony. [Anthony Taylor] 13:34:18 I am still a little bit confused. My original question was that if we have a patient who's being. [Anthony Taylor] 13:34:28 Provided cannabis and. overseen by their primary care. [Anthony Taylor] 13:34:34 Giver in a facility that has not been designated. [Anthony Taylor] 13:34:40 Now what? [Megan Lockwood] 13:34:45 This is Megan. I. I don't think the statute or rules really touched that. [Anthony Taylor] 13:34:53 Because we have a… we have patients in residential care facilities right now using cannabis. They are not designated as a fac… the facility has not been designated under 791. [Megan Lockwood] 13:35:05 Yeah. [Anthony Taylor] 13:35:05 Okay, well. I think we have a place. Oh, start in January, something where maybe we could clear this up. [Megan Lockwood] 13:35:15 It does seem to be kind of a gray area, so… yeah, agree. [Anthony Taylor] 13:35:16 Okay. Yeah, yeah. [Anthony Taylor] 13:35:20 Alright, well, thank you both. I appreciate it. [Margaret Flerchinger - OHA] 13:35:27 So we're going to get started with the review of the rules. So I'm going to do a screen share again so that we're all looking at the same document. And this document is also posted on our website. If you want to follow along on your own members were also sent. [Margaret Flerchinger - OHA] 13:35:43 the document. Sorry, I'm having. [Margaret Flerchinger - OHA] 13:35:50 Where is my screen share button go? [Margaret Flerchinger - OHA] 13:35:56 everything's moving around down here. [Margaret Flerchinger - OHA] 13:36:03 Okay, here we go. [Margaret Flerchinger - OHA] 13:36:09 Okay. [Margaret Flerchinger - OHA] 13:36:16 Warren, do you have a comment or question before we get started here? [Warren Bird] 13:36:19 I do. I had a late follow-up question. I'm sorry, I was trying to formulate my question in my head. [Margaret Flerchinger - OHA] 13:36:24 Uh-huh. [Warren Bird] 13:36:26 So, if a facility says they don't want to. [Warren Bird] 13:36:31 Participate in the program, but there's a resident on site that's using marijuana products, and they bring in an external. [Warren Bird] 13:36:41 caregiver, does the facility, would the facility then have to write their policy? Because there's an external person? [Margaret Flerchinger - OHA] 13:36:49 I think that would fall outside of the scope of the rules or our rules, at least. [Margaret Flerchinger - OHA] 13:36:54 Because our… with the statue, it says that you have to be designated as an additional caregiver under OMMP. And that additional caregiver, that facility then would need to permit the use of cannabis on site. What that also allows is that additional caregiver, that residential facility caregiver. [Warren Bird] 13:36:54 Okay. [Margaret Flerchinger - OHA] 13:37:14 to have a point person, a person responsible that purchases on behalf of the patient, transports on behalf of the patient. So if there's a facility out there, and they just have a patient that is using on-site. [Margaret Flerchinger - OHA] 13:37:29 The that facility is not an official designated additional caregiver if they're not registered with us. So it does fall into kind of a gray area. And I think it would be up to the facility and up to. [Margaret Flerchinger - OHA] 13:37:43 Probably other agencies to determine if that's. How that would work. [Warren Bird] 13:37:47 Okay, thank you so much, I appreciate it. [Margaret Flerchinger - OHA] 13:37:49 Mm-hmm. Okay, so I do have the rules up on the screen. I'm going to go through each of the sections, and at the end of the section I'll see if there's any comments for anybody. But if you do have something along the way, please feel free to raise your hand, and if it's a good stopping point, we'll go ahead and call on you. [Margaret Flerchinger - OHA] 13:38:09 So the 1st section we're going to review here are the definitions. They're found in 333-008-0010. [Margaret Flerchinger - OHA] 13:38:18 And it's going to be a little bit of a scrolling, so I apologize for the scrolling. [Margaret Flerchinger - OHA] 13:38:27 And our 1st definition change is going to be number 20 debilitating medical condition means, and we're adding a new sub. [Margaret Flerchinger - OHA] 13:38:38 D is where we're placing this, and it's going to say the need for hospice, palliative care, comfort care, other system management, including comprehensive pain management. [Margaret Flerchinger - OHA] 13:38:50 Then that's straight from House Bill 4142. If we keep scrolling down. [Margaret Flerchinger - OHA] 13:38:59 There'll be… Next definition change. [Margaret Flerchinger - OHA] 13:39:08 Okay, so it's number 53. It is organization or facility caregiver means, and we're adding a hospital as defined in ORS 442.015, and license under ors 441. [Margaret Flerchinger - OHA] 13:39:24 That 025 or a hospital affiliated clinic as defined in ORS 442.612 that significant responsibility for managing the well-being of a patient, and is designated by the authority as an additional caregiver for a patient. [Margaret Flerchinger - OHA] 13:39:44 That is, so this comes out of section 5 of House Bill 4142, where it does call out hospitals and hospital affiliated clinics, even though these facilities are exempt from the requirements. We added them because they could be designated if. [Margaret Flerchinger - OHA] 13:40:02 They agreed to. I think I had one change up here that I didn't mention. It's also under 53, and it has to do with 443.05 0. This is a statute numbering correction that's happening. [Margaret Flerchinger - OHA] 13:40:19 There was a change, and it's never changed from 355, and it's now 350 so just wanted to mention that. [Margaret Flerchinger - OHA] 13:40:29 and I believe those were all the definition changes we had for today. Does anybody have any comments or questions on those definition changes? [Margaret Flerchinger - OHA] 13:40:44 next up we're going to review 333-008-002 0 new registry identification card application process. [Margaret Flerchinger - OHA] 13:40:57 So the 1st thing we're changing here has to do with to apply for a registry identification card. An individual must submit the following. If we go down to C, there's just some language changes being made here. [Margaret Flerchinger - OHA] 13:41:14 that just changing describes to state and then saying the authority which state. So sorry, let's back up on this. So attending provider statements, the Eps or written documentation that may consist of relevant portion. [Margaret Flerchinger - OHA] 13:41:29 Of the applicant's medical record signed by the applicants attending provider within 90 days of the day of the receipt by the authority which states the applicant specific debilitating medical condition or conditions as that term is defined in ORS 475 C. [Margaret Flerchinger - OHA] 13:41:47 that 777 and includes the use of marrow that marijuana may mitigate the symptoms or effects of the applicant's debilitating condition. [Margaret Flerchinger - OHA] 13:41:58 So we're changing this up due to just to make it a bit more specific. If we do get paperwork as opposed to just the attending provider statement, so that we know what condition the patient's qualifying under. [Margaret Flerchinger - OHA] 13:42:18 So next change is going to be here under sub 3, and this has to do when the applicant. So this is the applicant may also designate an organization or facility caregiver in addition to a primary or designated primary caregiver. [Margaret Flerchinger - OHA] 13:42:33 to designate an organization or facility caregiver. The applicant must complete an applicate must submit a completed application on the form provided by the authority. [Margaret Flerchinger - OHA] 13:42:44 The application must be submitted to us and contain the following information, and we're adding a new section E for an organization or residential facility must submit an attestation form prescribed by the authority saying they have the required policies. [Margaret Flerchinger - OHA] 13:42:59 and meet their training or training requirements outlined in law Oregon Law 2026, Chapter 118, Section 3, except for an organization or residential facility that is. [Margaret Flerchinger - OHA] 13:43:13 And then we list the ones that are exempt. So facility is not one of these. They would need to attest to having the policies and media training requirements. [Margaret Flerchinger - OHA] 13:43:34 And then you'll see also throughout our draft rules that we're changing all of our shells to must, and that's just. [Margaret Flerchinger - OHA] 13:43:44 Kind of a more modern way of saying kind of the same, the same thing. So, Anthony, you had a you had your hand raised first. [Anthony Taylor] 13:43:53 I did, but I'll take a second on this one. Let Laura go ahead first. Thank you. [Margaret Flerchinger - OHA] 13:43:59 Okay, was it in regards to the solicitation? Oh, sorry, I was still asking Anthony if his thoughts with regards to this. [Laura Hunker] 13:44:02 It was. Is there a reason that the. [Anthony Taylor] 13:44:09 It was. Yes, Margaret, it was. [Margaret Flerchinger - OHA] 13:44:13 It was. Okay, great. Okay. So we'll just come back to you in a second. Is that right? [Anthony Taylor] 13:44:14 Yeah. [Anthony Taylor] 13:44:19 Yes, thank you. [Margaret Flerchinger - OHA] 13:44:21 Okay. And then. Laura, I'm not sure if you got introduced at the beginning of this. [Laura Hunker] 13:44:29 I did not. My name is Laura Hunker. I'm the Tribal Affairs Consultant for Aging and People with Disabilities. And I am asking under the exemptions, is there a reason or is there a way that we can have the tribes listed there? [Margaret Flerchinger - OHA] 13:44:30 I think. [Margaret Flerchinger - OHA] 13:44:45 So what we're listing here is what's in House Bill 4142. [Margaret Flerchinger - OHA] 13:44:50 So if a facility is licensed under any one of these ORSs, they would be exempt from needing to have policies and training for staff. So you're asking if tribes could be added to the list of facilities that could be exempt from having policies or training for staff. [Laura Hunker] 13:45:08 Correct. [Margaret Flerchinger - OHA] 13:45:12 I think we'd have to… consult with our DOJ with that, because that's not part of House Bill 4142. [Margaret Flerchinger - OHA] 13:45:21 So I we we would have to take that back and look at it. [Margaret Flerchinger - OHA] 13:45:32 Anthony, did you? Okay. [Anthony Taylor] 13:45:34 I did. Thank you for circling back. So if a facility. [Anthony Taylor] 13:45:41 decides that they want to produce cannabis at that site. Would that be an OHA medical grow, or would they be required to seek OLCC licensing? [Margaret Flerchinger - OHA] 13:45:54 The facility decides they want to produce cannabis at the site. [Anthony Taylor] 13:45:57 Yes. [Margaret Flerchinger - OHA] 13:45:59 So they would have to have somebody listed as their grower. [Anthony Taylor] 13:46:03 Okay? [Margaret Flerchinger - OHA] 13:46:05 And then, um… as far as… producing other cannabis items. Is that what you're asking? Would the facility be able to do that, too? [Anthony Taylor] 13:46:16 No, just primarily the production, although there would be some processing, because they have to be made ready for consumption. But yeah, I was just kind of a sidebar kind of question, I guess. [Margaret Flerchinger - OHA] 13:46:28 Mm-hmm. Yeah, if there is going to be any growing, there does need to be a grower designated. [Margaret Flerchinger - OHA] 13:46:35 Um, that process doesn't change with having a facility or organizational caregiver. There's still the grower component that would still need its own registration. [Anthony Taylor] 13:46:45 Okay, thank you very much [Margaret Flerchinger - OHA] 13:46:51 Okay. So moving on here. [Margaret Flerchinger - OHA] 13:47:01 Okay, moving on to a new section, and that's 333-008-0023 patient application review process. [Margaret Flerchinger - OHA] 13:47:13 There is just a statute change being made here. There was a update made to the statutes, and this number got moved around. So we're changing it so it aligns again. [Margaret Flerchinger - OHA] 13:47:27 And then changing shall to must. [Margaret Flerchinger - OHA] 13:47:35 Next step, we have 333-008-0045 notification of changes. [Margaret Flerchinger - OHA] 13:47:49 So section 3. We're adding that an organization or facility caregiver, this is notification responsibilities, and we're adding if a patient's no longer a patient or a resident of that organization or a residential facility that they notify us so that we can get them removed as an additional carrier. [Margaret Flerchinger - OHA] 13:48:16 Well, that is, I believe, all we have some shells to must in this section as well. [Margaret Flerchinger - OHA] 13:48:22 That is all the changes there. Next step, we're moving on to 3, 3, 3.008-0090 edition of qualifying diseases or medical conditions. This is our petition process. [Margaret Flerchinger - OHA] 13:48:44 So the first change here when a petition submitted, we ask that the petitioner submit peer-reviewed published scientific studies, and that would mean a study that is cited by and we're removing the Cochrane Review and the Institute of Medicine and just adding Medline. [Margaret Flerchinger - OHA] 13:49:01 So they would need to submit a scientific study that's cited by either Medline or PubMed Central. These two are kind of the main. [Margaret Flerchinger - OHA] 13:49:11 repositories for all scientific studies. So if something was in the Cochin Review or the Institute of Medicine, it should be found in one of these as well. They're just kind of bigger, broader, um. [Margaret Flerchinger - OHA] 13:49:23 places that these journals and whatnot are are housed. So we're making that change again, changing shall to must. [Margaret Flerchinger - OHA] 13:49:34 We're just in part B here. We're deleting the example of the formats. So the documentation needs to be submitted or can't be submitted in electronic format, and that could be email. [Margaret Flerchinger - OHA] 13:49:49 So we're just deleting these other items here. Next up, when the petitioner submits the documentation, they do need to include applicable Icd codes, and we're adding from the current ICD revision. [Margaret Flerchinger - OHA] 13:50:07 and the specific diagnosis as described in the Dsm. If that's applicable. [Margaret Flerchinger - OHA] 13:50:18 And again, these are just kind of some. Minor wording changes, housekeeping. So peer reviewed study showing deficiency in humans for the use of marijuana for the specific disease. [Margaret Flerchinger - OHA] 13:50:33 getting rid of some extra words here. [Margaret Flerchinger - OHA] 13:50:39 making some minor updates kind of throughout this section. I'll kind of call out the more major ones. [Margaret Flerchinger - OHA] 13:50:47 We're deleting this information that says solicit information for individuals or organizations concerning experts in cannabis therapeutics and scientific. [Margaret Flerchinger - OHA] 13:50:57 studies, including but not limited to peer-reviewed, just because that is kind of implied and stated up above, so it's kind of redundant. [Margaret Flerchinger - OHA] 13:51:08 Again, just some minor changes throughout this section. regarding petitions. I'm not sure. Does anybody have any questions or comments about any of this? [Margaret Flerchinger - OHA] 13:51:23 Uh, Bethany, you had your hand raised. [Bethany Johnston] 13:51:26 Yeah, I do. From my understanding of PubMed Central. [Bethany Johnston] 13:51:31 There can also be preprints published there that are not actually peer-reviewed. Does that mean that preprints are accepted? [Margaret Flerchinger - OHA] 13:51:43 I will have to get back to you on that. I'm not sure. [Bethany Johnston] 13:51:47 Thank you. [Margaret Flerchinger - OHA] 13:51:48 Mm-hmm. [Margaret Flerchinger - OHA] 13:51:55 Anybody else? [Margaret Flerchinger - OHA] 13:52:06 Not seeing anybody's hand raised. So we're going to continue on to our next section, which is 333-008-0111 0 medical marijuana dispensaries, location of medical marijuana dispensaries. [Margaret Flerchinger - OHA] 13:52:20 Sensory premises, restrictions, and requirements. [Margaret Flerchinger - OHA] 13:52:32 And our first change is deletion of wording that says as permitted by OAR 333-008-1500. And the reason for deleting that is that is old reference to early retail sales. [Margaret Flerchinger - OHA] 13:52:46 So. Just deleting it because the rule doesn't exist anymore. [Margaret Flerchinger - OHA] 13:53:02 That is the only change in that section. Next up, we're looking at 333-008-1620 medical marijuana processors application for medical marijuana processing site registration. [Margaret Flerchinger - OHA] 13:53:23 So down in this section, I think this was probably a copy and paste from the dispensary section to the processing site section. And the word dispensary was here when it should have been processing site. So it's just a technical update. [Margaret Flerchinger - OHA] 13:53:38 And then, when we talk about. the scale floor plan that's submitted during the application process. We list all the different items that need to be indicated on that floor plan. So we have secured rooms. [Margaret Flerchinger - OHA] 13:53:54 And then we're adding here a designated, we're not adding the designated limited access areas. [Margaret Flerchinger - OHA] 13:54:01 we're kind of separating out this from. Well, sorry, we're separating out designated limited access areas and designated areas required under these 2 rules. It did say or before. It was a little confusing, and after looking at it, we decided to update. [Margaret Flerchinger - OHA] 13:54:18 this to make it clear that you do need both spaces. [Margaret Flerchinger - OHA] 13:54:28 and then also the shells to must. This is a. [Margaret Flerchinger - OHA] 13:54:34 Rule reference update, since there's some stuff changing up above so that it all aligns. [Margaret Flerchinger - OHA] 13:54:39 And I think that covers it for that section. Any questions or comments? [Margaret Flerchinger - OHA] 13:54:50 Okay. Next up we have 333-008-1730 medical marijuana processors registered processing site premises, premise restrictions and requirements. [Sharon’s iPad] 13:54:52 Oh. [Margaret Flerchinger - OHA] 13:55:12 So down here we're adding a new sub 8 limited access areas. [Margaret Flerchinger - OHA] 13:55:18 So all limited access areas must be physically separated from irony area where the general public is permitted by floor to ceiling wall that prevents physical access between the limited access area and an area that is open to the general public except through a door that is kept locked by a processing site when the door is not immediately in use. [Margaret Flerchinger - OHA] 13:55:38 be an applicant or a registered processing site may request in writing an exemption from the authority from the request to have a floor to ceiling wall. [Margaret Flerchinger - OHA] 13:55:47 That request must include the reason the exceptions being sought, pictures of the area in question, and a description of the alternate barrier that accomplishes the goal of providing a significant physical barrier between the general public and any marijuana items on the premise of the processing site. [Margaret Flerchinger - OHA] 13:56:02 So this now mimics what is also required for medical marijuana dispensaries. We just wanted to make it clear for processing sites that that was also the requirement. [Margaret Flerchinger - OHA] 13:56:24 Not seeing any questions there either. Moving on to 333-008-2070 general requirements for medical marijuana processing sites and dispensaries, advertising restrictions. [Margaret Flerchinger - OHA] 13:56:38 I think this is just technical update also to remove reference to 333-008-1500, which is role reference to early retail sales. It doesn't exist anymore. [Margaret Flerchinger - OHA] 13:56:53 and that our concludes the review of all the proposed rule changes. Are there any questions, comments on any of those sections? [Margaret Flerchinger - OHA] 13:57:12 Not seeing any. We can move on to the. [Margaret Flerchinger - OHA] 13:57:19 statement of need. I'm just going to check the chat here. [Margaret Flerchinger - OHA] 13:57:30 Okay, let's see. Not seeing anything in there. So I'm going to do screen share for the statement of need. [Margaret Flerchinger - OHA] 13:57:59 So we have the statement of need and fiscal impact statement. I did send this out to all the rack members prior to the meeting. [Margaret Flerchinger - OHA] 13:58:08 Do you have any notes or comments? Now would be the time to bring those forward as far as the need for the rules. [Margaret Flerchinger - OHA] 13:58:15 The majority of the changes that are being proposed are to implement House Bill 4142 which we reviewed that, and the rest of them are more housekeeping changes and kind of clarifying in nature for dispensaries and processing sites. [Margaret Flerchinger - OHA] 13:58:36 for the racial equity statements. [Margaret Flerchinger - OHA] 13:58:43 You have that here on the screen. Not sure if we have any comments on other factors for us to consider or to place in this to read it. The rulemaking expected to have a positive impact for health equity for Oregonians, adding the need for hospice, palliative care, comfort, care, or other symptom management as a qualifying debilitating condition. [Margaret Flerchinger - OHA] 13:59:05 under the Oregon Medical Marijuana program makes an access for vulnerable Oregonians to obtain and use cannabis as a treatment in the facility, in a facility that may not have had not have allowed the use of cannabis before the passage of HB 4142. [Margaret Flerchinger - OHA] 13:59:22 In addition, permitting the use of cannabis in a hospice palliative care or comfort care setting could create space for honest conversations about cannabis use. This transparency can improve the quality of care. Providers office offer reducing the stigma around marijuana use, which just disproportionately impacts communities of color. [Margaret Flerchinger - OHA] 13:59:43 putting policies in place regarding procurement on site storage, administration and disposal of marijuana and medical cannabinoid products for organization or facility caregivers will ensure safe oversight of cannabis relied upon by patients and provide for better outcomes for patients who use cannabis in these facilities. [Margaret Flerchinger - OHA] 14:00:02 Additionally, having educational modules for individuals who administer cannabis with training in cannabis pharmacological and use of marijuana in treating medical conditions, dosing strategies, and delivery modalities will improve care for individuals who use cannabis. [Margaret Flerchinger - OHA] 14:00:20 clarifying rule language and how to submit a petition on adding qualifying condition and updating the list of accepted peer-reviewed scientific sources is expected to improve procedure transparency and support equitable participation by all communities. [Margaret Flerchinger - OHA] 14:00:36 aligning with pubmed. Sorry, Medline and PubMed central ensures decision making is grounded in reliable peer-reviewed evidence, which is key to equitable health policies. This can help provide avoid bias or a digital basis for recognizing conditions by ensuring a broad current. [Margaret Flerchinger - OHA] 14:00:55 An inclusive scientific backing for evaluating proposed conditions. No adverse impacts to racial equity are anticipated from these changes. [Margaret Flerchinger - OHA] 14:01:04 So we're looking for any feedback people may have on this statement or anything we might have missed or that we could mention here. [Margaret Flerchinger - OHA] 14:01:19 Anthony. [Anthony Taylor] 14:01:21 Yeah, thank you, Margaret Anthony Taylor. You know, this statement of need. [Anthony Taylor] 14:01:33 doesn't really. give them any guidance. [Anthony Taylor] 14:01:37 regarding written policies or educational training. And I think we're missing that. [Margaret Flerchinger - OHA] 14:01:45 But the… So the not the section I just reviewed, but the need for the rules above, or. [Anthony Taylor] 14:01:51 Both. Both allude to these rule changes clarifying things and providing clarification for facilities that decide to take on or permit the use of cannabis. It doesn't really give them any guidance on what that written policy should look like, or what. [Margaret Flerchinger - OHA] 14:01:53 Both. So Erin. [Anthony Taylor] 14:02:11 The study of or training on. Canada's pharmacology means none of that stuff is really laid out in rule for these facilities. Should they look the rule up to find out that information. They're just flying by the seat of their pants based on what it says in 4142. [Anthony Taylor] 14:02:30 And so I'm wondering if maybe we shouldn't. add a little clarification for what some of those things mean in section 3 of 4142. [Margaret Flerchinger - OHA] 14:02:44 Okay, um… We can take that into consideration. I'm not sure how much authority we really have to expand upon what those items mean in House Bill 4142, because they're they are detailed as to what is required. We are going to be creating a web page for caregivers and facility caregivers that outlines these requirements. [Margaret Flerchinger - OHA] 14:03:07 Um, but as far as being able to detail out further than what's in the bill, I'm not sure we can actually do that. [Anthony Taylor] 14:03:15 Isn't that the exact purpose of Iraq? to define and to clarify statute. [Margaret Flerchinger - OHA] 14:03:22 It is, but there's also. Oh, but there's also authority that Omnp has that we can only do rulemaking within certain parameters. So you know, you mentioned some of the items that are required in like training or the required to have procedures on. [Anthony Taylor] 14:03:23 Yeah, and I don't… I'm sorry. Go ahead. [Margaret Flerchinger - OHA] 14:03:42 So I can bring that up. Let's see here. Section 3. So. [Margaret Flerchinger - OHA] 14:03:53 in the bill. It says defines clear procedures for acquiring and handling marijuana and marijuana cannabinoids. [Margaret Flerchinger - OHA] 14:04:01 addresses patient safety by ensuring the proper storage and accurate administration of marijuana and medical cannabinoid products. [Margaret Flerchinger - OHA] 14:04:10 and establishes procedures for the reasonable disposal of unused marijuana and medical cannabinoid products. So you're saying you would want more detail in rule on what those things are? [Anthony Taylor] 14:04:22 I would, and in that particular in. in in the creation in that section, A, B, and C. Those are it's critical. I think a lot of especially number or letter B and C. Those are pretty much following standard protocol within a facility. But what I'm concerned about is more in section C. [Anthony Taylor] 14:04:45 where they're talking about pharmacology, dosing strategies. It's not really given them much guidance there like kind of what in cannabis pharmacology should they kind of focus on? That's a pretty big subject, and that's kind of what I'm looking for. [Margaret Flerchinger - OHA] 14:04:53 Mm-hmm. [Anthony Taylor] 14:05:01 further definitions of those particular items. [Margaret Flerchinger - OHA] 14:05:08 Okay. So the section that Anthony was just describing for everyone has to do with training requirements that facilities would need to provide to their. [Margaret Flerchinger - OHA] 14:05:21 Their staff. And this bill doesn't necessarily give almond P authority to. [Margaret Flerchinger - OHA] 14:05:31 further. like review or ensure what the training. [Margaret Flerchinger - OHA] 14:05:38 what the training consists of. It just says they need to meet these requirements. [Margaret Flerchinger - OHA] 14:05:44 So that's what that's why we have the facility submitted attestation if they're required to have them, that they met these requirements. [Anthony Taylor] 14:05:45 Yeah, but it seems a little… [Anthony Taylor] 14:05:52 Yeah, but what's the baseline? What's the benchmarks? That kind of thing. [Anthony Taylor] 14:05:57 So, I know they have to meet these criteria by certain dates, but the rules aren't really giving them much further guidance than what's directly in the statute. [Anthony Taylor] 14:06:09 and then I wonder, with the exception of adding the condition to the list. What these rules are really providing for the people that are going to have to. [Anthony Taylor] 14:06:22 Work underneath of them. [Megan Lockwood] 14:06:25 Margaret, this is Megan Lockwood. I just wanted to add that I think had the bill had language that said something to the effect of they'll provide training as approved by the Oregon Health Authority or as approved by the medical marijuana program or something, you know, within that. [Megan Lockwood] 14:06:45 Lane, then yeah, I think we would have to… do, you know, provide, like, more context as to what you're… what you're asking for, but it seems like it might be outside of our authority to do that. [Anthony Taylor] 14:07:00 Well, it seems like there could be a distinction between have to and should. [Anthony Taylor] 14:07:07 So okay, I'll let everybody else ask their questions. But. [Anthony Taylor] 14:07:11 We can provide written comment on this too. So that's another option. [Megan Lockwood] 14:07:15 Yes. Yeah, thank you for these questions. They're good questions. [Margaret Flerchinger - OHA] 14:07:16 Yeah. Yep. [Anthony Taylor] 14:07:17 Thank you. Appreciate it. [Margaret Flerchinger - OHA] 14:07:23 But, Warren, you had your hand up next. [Warren Bird] 14:07:25 Yes, Warren Bird with DHS. Just always making sure I'm hearing things clearly, so, like, you were talking about the deadlines in June, but for, like, uh, training and policies, procedures, those kinds of things, those are for people who… facilities who consent. [Warren Bird] 14:07:43 to it. So, if my… if I'm in a facility, I'm not consenting to the program, I'm not having to do anything. [Warren Bird] 14:07:50 Uh, you know, with the timelines to, you know, develop policies and procedures and those kinds of things. [Margaret Flerchinger - OHA] 14:07:58 Right? So those timelines I mentioned that were June and December are for our currently registered organization and facility caregivers. So we only have one that's registered with Omnp right now. So it's specific for that one. [Warren Bird] 14:08:06 Okay. [Margaret Flerchinger - OHA] 14:08:13 facility, and if we get any others that register by the end of the year, those timelines would apply to them as well. Anyone that applies after or on after January 1, 2027, they have to have these when they. [Warren Bird] 14:08:19 Okay. [Margaret Flerchinger - OHA] 14:08:27 register with us. Mm-hmm. [Warren Bird] 14:08:29 Okay, thank you. [Margaret Flerchinger - OHA] 14:08:37 Okay. So I'm going to move on. Oh, Anthony. [Anthony Taylor] 14:08:41 Yeah, one more question. So the OHA slash MCAP provides the form, and then it's upon the it's the responsibility of the. [Anthony Taylor] 14:08:53 Patient to get that filled out and submit that with their application? [Margaret Flerchinger - OHA] 14:08:59 So the artists. Yeah, so the attestation form, um, has to be filled out, actually, by the facility, because they have to sign off for consenting to be named, and they have to provide a person responsible who will purchase and transport marijuana on behalf of the patient to the facility. [Anthony Taylor] 14:08:59 It's a designated. Well, if they want to designate a facility. [Anthony Taylor] 14:09:20 Okay. Um… I thought originally that if a patient wanted to do that, that the OHA then stepped in and sent the form out themselves. And according to the rules that's not correct. [Margaret Flerchinger - OHA] 14:09:27 Well. [Anthony Taylor] 14:09:39 the patient has to complete it and submit it with their with their application and or. [Margaret Flerchinger - OHA] 14:09:41 And the… [Anthony Taylor] 14:09:47 if they're already a patient, they have to submit that then. [Anthony Taylor] 14:09:53 upon. knowing that there have to go into a facility. [Anthony Taylor] 14:09:59 because there's if they're already a patient. So they just, and they want to designate the facility. They get that form from you, have the facility fill it out, and you folks sign off on it. [Anthony Taylor] 14:10:13 improve and and issue a card. There was one thing in the rules, by the way, that stated designate the individual that would be the caregiver, direct care staff. I think we need to add it or individuals to that, because. [Anthony Taylor] 14:10:32 There's shifts in facilities. So the direct care staff on the morning shift won't be around to be the direct care staff on the evening shift. [Margaret Flerchinger - OHA] 14:10:41 So the person named in the application is the one that's authorized to purchase and transport. [Anthony Taylor] 14:10:42 So did. [Anthony Taylor] 14:10:47 Right. [Margaret Flerchinger - OHA] 14:10:47 And then the facility itself has the coverage for being a caregiver. So we're not. You're not naming a individual that's doing purchasing, transporting, administrating. [Margaret Flerchinger - OHA] 14:11:00 You're naming a person to purchase and transport to the facility, and then the facility has their direct care staff that they can work with that can administer. [Anthony Taylor] 14:11:08 Okay, I I follow that. That's that's a good path. My other question would be, so most people in an assisted living facility or hospice have their own funds. So there's that kind of transfer. So the person that's designated to purchase or procure cannabis. [Margaret Flerchinger - OHA] 14:11:10 Okay. [Anthony Taylor] 14:11:27 taps into that, I assume. [Margaret Flerchinger - OHA] 14:11:31 We don't really get into that detail on our rules on how the transaction happens. [Anthony Taylor] 14:11:36 Okay? Yeah. Okay, I'm getting a little outside the field here. So thank you. [Margaret Flerchinger - OHA] 14:11:37 kind of outside of our purview. [Margaret Flerchinger - OHA] 14:11:43 No problem, Anthony. Okay, so our next section we're going to review is the fiscal and economic impact statement related to these rules. [Margaret Flerchinger - OHA] 14:11:54 So the proposed rule amendments are expected to have some fiscal and economic impact on OMP registered organizations and facility caregivers. [Margaret Flerchinger - OHA] 14:12:05 Currently, there's only one registered organization of facility caregiver with OMNP, as I mentioned, the added requirements around policy procedures and training will add cost of operation to the current organization facility caregiver, and anyone wanting to apply. [Margaret Flerchinger - OHA] 14:12:21 It's not known exactly how much of an added cost this would be exactly, but training modalities can be found online, and they tend to run a few hundred dollars. [Margaret Flerchinger - OHA] 14:12:31 That's just for my quick Google search. [Anthony Taylor] 14:12:34 There are also, pardon me, Margaret, Anthony Taylor. There are also from my research, several places that do provide a free course. But quite a few options out there. Absolutely. Thank you. [Margaret Flerchinger - OHA] 14:12:45 Oh, great. Okay, great. Thank you for that. I can try to amend this to say that it could be free to a few hundred dollars. [Margaret Flerchinger - OHA] 14:12:59 And then the rule amendments being made to clarify limited access and secured areas for dispensaries and processing sites are not expected to have a fiscal impact because we currently don't have any registered, even though we do have a couple that are pending, and we've been applying the rules as we. [Margaret Flerchinger - OHA] 14:13:15 talk through today to those facilities. So the clarifying language is the current interpretation of the role and has been applied in that manner to them. [Margaret Flerchinger - OHA] 14:13:26 Any other costs, or… fiscal impact that the program should take into consideration, or should be added to this. [Margaret Flerchinger - OHA] 14:13:40 And I will give Rock members a few days to kind of think about things and send me information. So don't feel like you have to get it to me. [Margaret Flerchinger - OHA] 14:13:48 Right? Right this second. Well, we'll give you some time to think about it now that we've kind of talked through some stuff. [Margaret Flerchinger - OHA] 14:13:55 So for the cost of compliance impact on State agencies, units of local government, and the public. We're not anticipating that there will be any impact to them. There might be a minor fiscal impact to Omen P for database development to implement the bill. [Margaret Flerchinger - OHA] 14:14:13 But we're going to absorb those costs. And there is no anticipated impact to other state agencies, units of local government or the public. [Margaret Flerchinger - OHA] 14:14:24 Cost of compliance on small businesses. Currently, there's one organization, the facility caregiver registered and no registered dispensaries or processing sites. And there's 3 pending processing sites and one pending dispensary. So this is just a count of who would be currently impacted by these rule changes. [Margaret Flerchinger - OHA] 14:14:47 And then we do have you can add this in, but any other. [Margaret Flerchinger - OHA] 14:14:52 Um, I guess the number of known facilities out there that could qualify as organization or residential care facilities. [Margaret Flerchinger - OHA] 14:15:03 It's not known to us at least, but we could add that there's others out there that could be affected if they choose to be a part of the program. [Margaret Flerchinger - OHA] 14:15:11 Next we have projected reporting, record keeping and other administrative activities required for compliance, including costs of professional services. So our draft indicated there will be administrative costs associated with creating, maintaining, and implementing policies and procedures for organization and facility caregivers. [Margaret Flerchinger - OHA] 14:15:32 And providing training to staff, the true cost of these is unknown exactly, but it could be a few hundred dollars. While there will be a one-time upfront cost for creating policies and procedures and ensuring those parameters are met, training costs. [Margaret Flerchinger - OHA] 14:15:46 could be ongoing depending on staff turnover or needs. [Margaret Flerchinger - OHA] 14:15:52 And then finally, equipment, supplies, labor, and increase administrative administration required for compliance. There will be some to meet the new requirements for organization and facility caregivers. But the exact cost is. [Margaret Flerchinger - OHA] 14:16:08 Unknown. Cost will be associated with procurement, on-site storage, administration and disposal of marijuana and medical cannabinoid products. Those are the procedures or the policies that facility needs to have in place, and existing protocols on how other medicines are handled could be. [Margaret Flerchinger - OHA] 14:16:27 Um, sorry, existing protocols on how other medicines are handled could be used, but there may be a need to change or create new methods of compliance for marijuana. In addition, direct… complete training for compliance. [Margaret Flerchinger - OHA] 14:16:42 And Brenda, I see your hand. Do you have a question or comment? [Margaret Flerchinger - OHA] 14:16:53 Brenda. [Brenda Thomas] 14:17:01 Unmute. Can you hear me now? Okay, on statement of cost of compliance number 2, where the corrections were. I'm assuming by reading, it includes an LLC. [Margaret Flerchinger - OHA] 14:17:03 We can hear you now. [Brenda Thomas] 14:17:15 But I'm assuming, like I said, so maybe they could include put LLC in that wording. [Margaret Flerchinger - OHA] 14:17:22 Um, are you talking about the Section B right here? [Brenda Thomas] 14:17:25 Statement of cost compliance. Number two? [Margaret Flerchinger - OHA] 14:17:30 passive compliance. statement up here. [Brenda Thomas] 14:17:35 Yep. Yep, that's it. [Margaret Flerchinger - OHA] 14:17:36 Number 2. right here. Okay. And you were… What was your comment? Just so I get it? [Brenda Thomas] 14:17:45 It says define small business as a corporation partnership, sole proprietorship, or other legal entity formed for the purpose of making profit. [Brenda Thomas] 14:17:54 I can assume by reading it, because I'm pretty intelligent, that it includes an LLC. But I'm wondering if we should put the LLC in there, because I'm just, like I said, assuming I would not know. [Margaret Flerchinger - OHA] 14:18:06 Okay, you're talking about the red language here. Okay, so that red language is directly from the statute, which is listed here. [Brenda Thomas] 14:18:08 Yes, ma'am. [Margaret Flerchinger - OHA] 14:18:15 But when we make the comment in a we're talking about all small businesses that could be affected. So it could be any of the organizations or facilities out there that could be named as caregivers. [Margaret Flerchinger - OHA] 14:18:29 Um, so that was the part I was going to add to this, because this just said what we currently have. It didn't project what is possibly out there. Um… with that. Does that make sense? Or does that help at all? [Brenda Thomas] 14:18:44 I just wondered if we could just make it more clarified that it was an LLC, but that's okay. Okay. [Margaret Flerchinger - OHA] 14:18:50 Okay, yeah, I think because this red language is direct from the statue. I can't change that. Just giving a definition of what it is. So… Yeah. Okay. [Brenda Thomas] 14:18:56 Okay. Okay. [Margaret Flerchinger - OHA] 14:19:06 So down here, our small businesses involve the development of the rules. We did invite them to participate in outreach was made to the currently registered. [Margaret Flerchinger - OHA] 14:19:18 Organization caregiver that we have into the pending dispensary and processing site applicants to notify them of the rulemaking, and a copy was sent to everyone ahead of the meeting. Um… and an email stating that if they couldn't attend, they could still provide feedback to us, which I am also going to. [Margaret Flerchinger - OHA] 14:19:40 ask that the RAC members, you will have until the end of the week to provide me with any comments or feedback on either the probe's rules or the statement of need, fiscal impact or racial equity statement that you'd like us to add, or that we did not add that you feel needs to be in there. [Margaret Flerchinger - OHA] 14:19:56 So at this point we reviewed all the required items needed a view. Not sure if there's any final questions or comments from anybody. [Margaret Flerchinger - OHA] 14:20:16 Lauren. [Warren Bird] 14:20:18 I was trying to search for my button so fast. I just had you know other departments are kind of contacting me when they wanted just to make sure that the RAC committee loops in the local tribes in in the discussions. [Warren Bird] 14:20:34 I'm just… was… being let know that that's very important to outside entities that we're working with. [Margaret Flerchinger - OHA] 14:20:40 Yes. Yes, definitely. I know there's an email going around on that. [Margaret Flerchinger - OHA] 14:20:49 So I yeah, I the program is aware, and we we've made some some contact. So yes, thank you for that. Yep. [Warren Bird] 14:20:56 Okay. Thank you. [Margaret Flerchinger - OHA] 14:21:04 Anne, I'm not sure if you're part of the RAC, or if you're with an agency. [Anne Marie Bäckström | CoS Rep. Chaichi, HD 35] 14:21:08 No, so I'm with a State Representative Farah Chai Chi, who was the chief sponsor of this bill. I'm her chief of staff, Anne-Marie Beckstrom. And if we can be helpful in any way, especially with like looping in tribes and things like that, please just feel free to include our office. Our rep Chai Chi is happy to help and excited to see this implemented. [Margaret Flerchinger - OHA] 14:21:11 Okay. [Margaret Flerchinger - OHA] 14:21:27 Oh, great. Thank you so much. And thank you, everyone, for being here today. That concludes the RAC meeting. [Margaret Flerchinger - OHA] 14:21:38 and I'll send that email out to all the rec members with just a reminder that you have until the end of the week to provide any final. [Margaret Flerchinger - OHA] 14:21:47 Feedback, comments, and whatnot on the rules, and then the program will get started on finalizing them and getting them out for rulemaking soon. Um, so thank you, everybody. [Brenda Thomas] 14:21:58 Thank you. [Megan Lockwood] 14:22:01 Thank you. [Richard Curtis] 14:22:02 Thank [Anthony Taylor] 14:22:03 Thank you, Margaret. [John Mabry] 14:22:04 Thank you