Posts Tagged ‘public comment’

What’s Debilitating?

April 20th, 2012

The voter approved language in the AZ Medical Marijuana Act directs us to periodically accept and evaluate petitions to add new debilitating medical conditions.  We’ve made it through the first phase of considering whether to add 4 new debilitating conditions… 1) Post Traumatic Stress Disorder; 2) Generalized Anxiety Disorder; 3) Migraines; and 4) Depression.  You’ll be able to give us your thoughts about these four conditions at a public hearing next month (May 25th from 1 – 4 p.m. at our State Lab).  You can read the information we already have about these four starting next week.

If we decide to add PTSD or any other debilitating conditions, we want to make sure we’re on solid medical ground.  I’m heading down to a conference in Tucson next weekend where physicians can get Continuing Medical Education credits for learning about medical cannabis.

Integration Licensing Forums

November 30th, 2011

Earlier this year the Governor signed HB 2634 which directs us to develop new rules for licensing places that can provide both behavioral and physical health services. We’re excited about this rulemaking because it supports our efforts to establish coordination and collaboration between all behavioral health and physical health providers. We’ve developed a preliminary plan to facilitate the integration of behavioral and physical health services in health care institutions.  As part of the plan… we’re holding public forums to share information about the plan starting today.

Anybody interested is invited, just simply sign-up for a forum soon, as seating capacity is limited!  We encourage input and participation in this important rulemaking process. We’ve also established a User Voice blog so that everyone has an opportunity to contribute their thoughts and opinions.

The first forum was this morning in Phoenix and it was packed.  Those who came had great questions and got a lot out of it.  There are three more forums that you can take part in -  December 9 (Tucson), December 14 (Mesa), and December 14 (Apache Junction).  More details are available on the behavioral health licensing rule website.

Small Childcare Group Home Rules

June 9th, 2011

We successfully overhauled our operating rules for Child Care Facilities last year, and now we’re well on our way toward doing the same for the smaller child care homes.  We’ve published our Draft Rules for public comment on our rules website, and we’re asking folks to provide input before we finalize the rules.  After reviewing the Draft Rules you can go to our electronic comment page.

The new draft rules are geared to focus more acutely on the operational things that actually matter.  We’ve deleted lots of unnecessary and obsolete provisions, clarified others, and reorganized them so they flow better. The draft rules also clarified requirements for staffing instructions for special needs children, to ensure that special needs kids are safe while still making it easy.  They also add requirements for sun safety and rules to ensure that infants are place on their backs for sleeping.

Medical Marijuana Public Comment session

February 16th, 2011

We had the second of four public hearings on the draft rules in Tempe on Tuesday afternoon.  We got a lot of good input from folks and there were some good suggestions to improve the draft rule.  The most valuable comments came from people that offered concrete ideas for ways we can improve the rule’s effectiveness.

There are two more sessions for the public to comment on the draft rules – one in Tucson this afternoon and another in Tempe on Thursday morning.  We’ll be taking public comments online through Friday afternoon.  Remember, we want to hear about the things people like as well as those they don’t like.  And if they don’t like something, we want to hear their ideas on a better way to do it.  The more homework you do the better- and don’t forget to get your electronic comments in by the end of the day this Friday.  Thanks.

Don’t Miss Your Last Chance to Comment on Arizona’s Draft Medical Marijuana Rules

February 1st, 2011

Three cheers for our interdisciplinary team that’s been working hard on the latest round of Administrative Code to implement the new medical marijuana law that will take effect April 14.  We changed lots of provisions since the latest draft that we released on January 31.  Here are just a few highlights:

The new draft rules would boost the requirements for physicians who certify a patient for medical marijuana by requiring that they’ve:

  • Reviewed the last 12 months of the patient’s medical record;
  • Conducted a physical examination;
  • Diagnosed or confirmed the relevant diagnosis;
  • Established and maintain a medical record for the qualifying patient as required in A.R.S. 2297;
  • Examined the patient’s Profile on the Arizona Board of Pharmacy Controlled Substances Monitoring Program database;
  • Examined the patient’s response to conventional medications and medical therapies;
  • Explained the potential risks and benefits of the medical use of marijuana to the qualifying patient;
  • Committed to continue to assess the qualifying patient and the qualifying patient’s use of medical marijuana; and
  • Assumed responsibility for providing management and routine care of the qualifying patient’s debilitating medical condition.

The draft rules also provide for a geographic distribution of the dispensaries to provide easy access to dispensaries and limit the number of people who grow marijuana for themselves. The draft rules also outline how the Department will award dispensary certificates if there is more than one complete application for a specific Community Health Analysis Area.  The complete draft rules are available on the ADHS Website along with the electronic comment form and a schedule of public hearings.

We started our last public comment period this week which extends through February 18.  At that point, we’ll take a look at the new comments and put together a final rule package by March 28.  The actual turn key date for the law will be April 14.

Medical Marijuana Public Comments Available

January 12th, 2011

Medical Marijuana Public Comments Posted

We received more than 1,500 comments on our initial proposed rules to regulate medical marijuana.  All the comments (over 1,000 pages) are posted on our http://www.azdhs.gov/prop203/ website for viewing.  Our team is very busy reviewing the comments and suggestions looking for good ideas that will help build a more effective program.

By the way, as we review the comments that we’ve received, we’re not really interested in the sheer number of comments by category.  Rather, we’re examining the quality and content of the suggestions with an eye to finding comments that will help to build a more effective, efficient, and practical medical marijuana program (as opposed to a recreational marijuana program).  We’re also looking at whether the comments fit within the statutory authority as outlined in the Initiative.  Our next draft rule package is due January 31, which will kick off our next comment period.

Medical Marijuana Implementation Plan

November 15th, 2010

By now you probably know that Proposition 203, the Arizona Medical Marijuana Act appears to have passed after all (although the final determination will actually be made when the election is certified).  The Act identifies the ADHS as the organization that’s responsible for carrying out the provisions of the law.  There will be several teams of folks here at ADHS that’ll be working hard during the next 4 months or so as we set up the regulatory network.

We’ve set up a featured site on our homepage that’ll be our information hub for communicating with the public as we make decisions in preparation for implementing the Act.  The website contains (and will continue to contain) all of the relevant public information that we’ll have regarding our implementation activities.  You can also sign up to receive weekly updates on the site.

Implementing the Act will take at least 4 months… and we expect to be able to accept our first applications for medical marijuana cards and dispensaries in early April, 2011.  In the mean time, we’ll be developing the Administrative Code (Rules) for actually operating and regulating the program.  Here is our schedule for Rule development:

December 17, 2010: ADHS posts an initial informal draft of the Rules

December 17, 2010 – January 7, 2011: ADHS receives informal (electronic) public comment on the initial informal draft rules

January 31, 2011: ADHS posts official draft Rules for public comment

January 31, 2011 – February 18, 2011: ADHS receive public comment on a revised draft of the rules

February 15 – 17, 2011: ADHS holds 3 public meetings about the draft rules

Phoenix, Tuesday, February 15, 2011 – 1 pm, 250 N 17th Ave

Tucson, Wednesday, February, 16, 2011 – 1 pm, 400 W. Congress, Room 222

Phoenix, Thursday, February 17, 2011 – 1 pm, 250 N 17th Ave

March 28, 2011: ADHS publishes the final Rules that will be used to implement the Act

April 2011: ADHS begins to accept applications for registry identification cards and for dispensary certificates

Our goal is to put together a responsible set of regulations between now and April 2011 with the rule package that will capture the core of the Initiative’s intent while placing some checks and balances in the system to prevent some of the excesses that have occurred in other states that have medical marijuana laws (CO, CA, MT etc.).  I also want to make sure that our implementation activities are completely transparent and that everybody has equal access to information.  By using an inclusive proves we will also ensure that we are getting the best input we can as we implement this new program.

Updating AZ Childcare Center Standards

June 15th, 2010

You probably remember how we shifted from general funds to fee-based inspection programs.  The most controversial fee increase was for child care facilities, as the costs of inspecting child care facilities had been almost entirely subsidized by the state’s general fund.  In the end, we found a way to use alternative funding sources to provide a 50% subsidy for the child care licensure fees in exchange for participating in the  Empower Pack program.  After implementing our successful Empower program, a new law was passed (SB 1315) that makes some changes to the way we need to run our child care licensing program.

The new law requires us to conduct a cost analysis of our child care licensing program by February and then review and adjust our fees accordingly.  We can use the exempt rulemaking process to lower, but not raise, the fees. The law gives child care facilities perpetual licenses, in other words they don’t expire.  We still have the authority to revoke or suspend licenses if licensees don’t pay their license fee.  We also need to set up a payment program.  If funding is available, the law says we should convert from 3 year licensure fees to a 1 year fee.  It also requires us to amend the child care center rules by October 1 and amend the child care group home rules by October 1, 2011.  We have a 1-year rulemaking exemption for amending the child care facility and child care group home rules.

You might be out of breath after reading the new requirements, but we’ll continue to do our best.  We’re starting by providing our new draft child care facility rules for comment today.  The newly proposed rules are posted on the AZDHS website.  We’ll have a 30-day comment period that will include public meetings in Tucson and Phoenix. The new child care facility rules are expected to be effective on or before our October 1, 2010 deadline.