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37.107.115    PROVIDER OR MIPP APPLICATION PROCESS

(1) Provider/MIPP applicants must be:

(a) a Montana resident; and

(b) named by a registered cardholder on the cardholder's application or change request form.

(2) Provider application materials are available from the Department of Public Health and Human Services, Licensure Bureau, 2401 Colonial Drive, P.O. Box 202953, Helena, MT 59620-2953. Application forms are available on the department's web site at www.dphhs.mt.gov/marijuana. Completed provider/MIPP application materials must include:

(a) Provider/MIPP Application form that includes:

(i) the applicant's name, address, date of birth, and social security number; and

(ii) verification that the applicant:

(A) is not in the custody of, or under the supervision of, the DOC or a youth court;

(B) does not have a felony conviction or a conviction for any drug offense;

(C) has not been convicted of a violation under 50-46-331, MCA;

(D) has not failed to pay any taxes, interest, penalties, or judgments due to a government agency;

(E) has not defaulted on a government-issued student loan;

(F) has not failed to pay child support; and

(G) has not failed to remedy an outstanding delinquency for child support or for taxes or judgments owed to a government agency;

(b) applicable fee as specified in ARM 37.107.117;

(c) legible copy of the individual's Montana driver's license or other Montana state-issued identification card; and

(d) fingerprint cards as required by ARM 37.107.119.

(3) The department must either approve or deny a provider or MIPP application within 30 business days of receipt of a completed application. If approved, the department must issue a registry identification card to the provider or MIPP applicant within five business days.

(4) Providers/MIPPs must reapply annually. Providers/MIPPs do not need to reapply every time they are named by a registered cardholder, unless it has been one year since their last application was approved.

(5) Provider/MIPP registration will be revoked if the provider/MIPP is no longer named by a registered cardholder.

(6) If a former provider/MIPP, whose registration has been revoked or has expired, is named by a registered cardholder on an application or change request form, the former provider must reapply for the program.

(a) A former provider/MIPP, who is reapplying for the registry, does not require a fingerprint background check unless it has been 12 months or more from the date their fingerprints were received by the department from the Montana Department of Justice (DOJ).

(b) When the former provider/MIPP is approved by the department, the $50 provider/ MIPP application fee will be due when fingerprinting is again required pursuant to ARM 37.107.119.

(7) Incomplete application packets will be handled pursuant to ARM 37.107.121.

(8) If the provider/MIPP application is denied, the department will send the applicant notice of and the reasons for denial.

(9) Rejection of any application is considered a final department action, subject to judicial review.

History: 50-46-344, MCA; IMP, 50-46-303, 50-46-308, 50-46-309, 50-46-344, MCA; NEW, 2011 MAR p. 2047, Eff. 9/23/11.

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