DEPARTMENT OF HEALTH
[Filed June 1, 2020, 3:54 p.m., effective June 1, 2020, 3:54 p.m.]
Effective Date of Rule: Immediately upon filing.
Purpose: WAC 246-72-020, medical marijuana consultant certification requirements, current rules require an applicant to obtain a cardiopulmonary resuscitation (CPR) card from a course that includes both written examination and skills demonstration in order to receive or renew their certification. The department of health (department) is amending this rule to temporarily suspend the skills demonstration portion of the CPR requirement. This emergency rule allow[s] an applicant to move forward in the application process without the need to obtain CPR training from an in-person training course and allow them to continue with licensure and serving the cannabis patient community.
Citation of Rules Affected by this Order: Amending WAC 246-72-020.
Under RCW 34.05.350
the agency for good cause finds that immediate adoption, amendment, or repeal of a rule is necessary for the preservation of the public health, safety, or general welfare, and that observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest.
Reasons for this Finding: RCW 69.51A.290
provides the department authority to adopt rules and requirements for licensing and regulating the medical marijuana consultant certification (MMCC). Under the coronavirus disease (COVID-19) pandemic restrictions, in-person CPR training programs have been suspended, making it impossible for current and new applicants to obtain licensure and continue providing services allowed under WAC 246-72-030 to patients in Washington during the COVID-19 pandemic. The skills demonstration portion of the CPR requirement was adopted in rule back in 2017 to address patient concerns relating to certified consultant trainings. A consultant's role includes spending a significant amount of time assisting patients (some with acute or chronic health conditions) with getting registered and product selection.
The immediate amendment of these existing rules is necessary for the preservation of public health, safety, and general welfare. Licensees have shared that they are struggling to meet the CPR requirements to gain or maintain their MMCC. Furthermore, retailers are required to have an MMCC on staff in order to serve patients from the medical marijuana community. If licensees are not able to gain or renew their certification not only will the MMCC be unable to provide care, but the shop itself may no longer be able to provide services to medical patients at all, making it very difficult or impossible for patients to access their medication. By temporarily suspending the skills demonstration portion of the CPR training requirement under WAC 246-72-020, both new and renewing applicants will be able to continue with certification and providing necessary health care services to patients in need. Observing the time requirements of notice and opportunity to comment upon adoption of a permanent rule would be contrary to the public interest and the governor's order.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at the Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 1, Repealed 0.
Date Adopted: June 1, 2020.
Chief of Staff
for John Wiesman, DrPH, MPH
AMENDATORY SECTION(Amending WSR 18-07-030, filed 3/12/18, effective 4/12/18)
WAC 246-72-020Certificate requirements.
An applicant for a medical marijuana consultant certificate must submit to the department:
(1) A completed initial application on forms provided by the department;
(2) Fees required under WAC 246-72-110;
(3) Certificate of successful completion from an approved training program;
(4) Proof of being age twenty-one or older. Acceptable forms of proof are a copy of the applicant's valid driver's license or other government-issued identification card, United States passport, or certified birth certificate;
(5) Proof of current CPR certification from a course requiring completion of ((both)) a written ((and skills demonstration)) test; and
(6) Any other documentation required by the secretary.