OAR 333-008-0700: Oregon Medical Marijuana Program (OMMP) Monitoring, Investigation, and Enforcement: Monitoring and Investigations

(1) The Oregon Health Authority (Authority) may, at any time, contact a patient, designated primary caregiver, person responsible for a marijuana grow site (PRMG), or a patient's attending provider by telephone, mail or in person to verify the current accuracy of information included in the registration system. (2) The Authority may, when it has reasonable basis for believing a violation of ORS 475C.770 through 475C.919, 475C.544, 475C.604, 475C.612, OAR chapter 333, division 7 or these rules has occurred, either conduct an investigation or arrange for this responsibility to be assumed by the proper state or local authorities. (3) A patient, designated primary caregiver or PRMG must cooperate with the Authority during an investigation. (4) If the Authority records show that any one attending provider is the attending provider of record for more than 450 patients at any point in time, the Authority shall request, in writing, that the attending provider do one of the following: (a) Provide information for each patient over the 450 threshold, including: (A) Documentation that the patient's medical records have been reviewed; (B) Patient chart notes documenting the patient was examined by the attending provider and the date of the examination; and (C) Documentation showing provided or planned follow-up care; (b) Provide a letter from a clinic at which the attending provider provides care requesting that the attending provider be exempted from this section and provide documentation from the clinic that it: (A) Has clear systems for ensuring medical records are reviewed and that each patient is examined by an attending provider; (B) Provides follow-up care for patients; (C) Maintains a record system documenting the review of medical records, attending provider examination, and follow-up care; and (D) Will allow on-site inspections by the Authority to confirm compliance; or (c) Provide a written statement explaining why the attending provider should be released from the requirements in this section, for example, an explanation that the attending provider: (A) Has a practice that includes a disproportionately high percentage of patients with qualifying conditions; (B) Serves as a consultant for other health care providers who refer patients requesting medical marijuana; or (C) Has multiple practice sites and at one of the practice sites the attending provider clearly meets the attending provider definition. (5) If the Authority receives a request from a provider to be exempted from the requirement in section (4) of this rule, the Authority shall provide the attending provider a decision, in writing, explaining whether the attending provider is or is not exempted from the requirement in section (4) of this rule. The Authority’s written decision shall explain the basis for the Authority's decision. (6) The Authority shall refer criminal complaints against a patient, designated primary caregiver, or PRMG; or medical practice complaints against an attending provider to the appropriate state or local authorities. (7) The Authority may reject a registrant’s surrender of a registration if there is an ongoing investigation or a pending enforcement action.