- (a) Licensees may only provide regulated services at the department approved locations. Any change in location must be approved by the department prior to operation in a regulated capacity.
- (b) Licensees shall notify the department within five (5) business days of a registrant's termination of employment.
- (c) All licensees shall display in a conspicuous location in the principal place of business and in any branch location a copy of the department issued license and information on how to submit a complaint to the department.
- (d) Licensees must establish and implement a drug-free workplace policy consistent with the Texas Workforce Commission's "Drug-Free Workplace Policy," and shall maintain in each registrant's file a copy of the company's policy signed or otherwise acknowledged by the registrant.
- (e) Licensees and registrants must cooperate fully with any inspection or investigation conducted by the department, including but not limited to the provision of any laboratory test results, employee records, or inventory and destruction records, and the compliance with any subpoena issued by the department.
- (f) Licensees and registrants may not cultivate, process, or dispense low-THC cannabis if the respective license or registration has expired, or has been suspended or revoked.
- (g) Licensees and registrants may not dispense to an individual other than a qualified patient or a qualified patient's legal representative.
- (h) Licensees and registrants may not permit or fail to prevent the diversion of any controlled substance.
- (i) Those registered with the department as directors, managers, or employees of a licensed dispensing organization may only perform services regulated under the Act for the licensee with whom they are registered.
- (j) If arrested, charged, or indicted for a criminal offense above the level of Class C misdemeanor, a registrant shall within seventy-two (72) hours notify the employing licensee, and the employer when notified by the employee or otherwise informed shall notify the department in writing (including by email) within seventy-two (72) hours of notification. The notification shall include the name of the arresting agency, the offense, court, and cause number of the charge or indictment. The registrant and licensee must supplement their respective notifications as further information becomes available.
- (k) Registrants must carry on their person or otherwise display their department issued registration card while performing any services regulated under the Act involving contact with or exposure to patients or the general public, including the dispensing of low-THC cannabis to patients and the transportation of low-THC cannabis on behalf of a licensee.
- (l) All advertisements for services regulated under the Act must contain the license number.
- (m) Licensees must comply with all applicable local, state and federal regulations relating to air and environmental quality, fire safety, and noise or other nuisances.
- (n) Destruction of any waste products related to the cultivation or processing of low-THC cannabis must involve the rendering of the product indistinguishable from other non-cannabis related plant material. The waste product must be stored in a locked container prior to disposal.
- (o) Licensees must use applicable best practices to limit contamination of the product including but not limited to residual solvents, metals, mold, fungus, bacterial diseases, rot, pests, pesticides, mildew, and any other contaminant identified as posing potential harm. The licensee shall maintain quality history records showing any laboratory testing results conducted on the licensee's products.
- (p) Licensees must have a plan for establishing a recall of their products in the event a product is shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure to will cause serious adverse health consequences. At a minimum, the plan should include the method of identification of the products involved; notification to the processing or dispensing organization or others to whom the products were sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the licensee.
Source Note:The provisions of this §12.2 adopted to be effective January 10, 2016, 41 TexReg 490.