New Mexico Register / Volume XXXIII, Issue 13 / July 12,
2022
TITLE 16 OCCUPATIONAL AND PROFESSIONAL LICENSING
CHAPTER 8 COMMERICAL AND MEDICAL CANNABIS
PART 10 CANNABIS SERVERS LICENSING AND TRAINING PROGRAM
16.8.10.1 ISSUING AGENCY: New Mexico
Regulation and Licensing Department, Cannabis Control Division.
[16.8.10.1 NMAC –
N, 07/12/2022]
16.8.10.2 SCOPE: This rule applies
to applicants for cannabis server permit education provider and a cannabis
server permit pursuant to the Cannabis Regulation Act, the Lynn and Erin
Compassionate Use Act or division rules, and where applicable, the general public.
[16.8.10.2 NMAC -
N, 07/12/2022]
16.8.10.3 STATUTORY AUTHORITY: The requirements
set forth herein are promulgated by the cannabis control division pursuant to
the authority granted under the Cannabis Regulation Act and the licensing
provisions of the Lynn and Erin Compassionate Use Act.
[16.8.10.3 NMAC -
N, 07/12/2022]
16.8.10.4 DURATION: Permanent.
[16.8.10.4 NMAC -
N, 07/12/2022]
16.8.10.5 EFFECTIVE DATE: July 12, 2022,
unless an earlier date is cited at the end of a section. [16.8.10.5 NMAC - N,
07/12/2022]
16.8.10.6 OBJECTIVE: The objective of
Part 10 is to set forth the provisions that apply to cannabis server permit
education and server permits.
[16.8.10.6 NMAC -
N, 07/12/2022]
16.8.10.7 DEFINITIONS: Unless otherwise
defined below, terms used in Title 16, Chapter 8, Part 1, have the same
meanings as set for in 16.8.1 NMAC, the Cannabis Regulation Act, and the Lynn
and Erin Compassionate Use Act.
[16.8.10.7 NMAC -
N, 07/12/2022]
16.8.10.8 CANNABIS SERVER PERMITS:
ISSUANCE, DISTRIBUTION, REPLACEMENT:
A. Cannabis server permit required. A licensee approved
to operate a cannabis consumption area and all servers must satisfactorily
complete a program every three years to obtain a server permit. No person shall
be employed as a server on a licensed cannabis consumption area unless that
person obtains a server permit, except that a person not previously certified
must obtain a server permit within 30 days of employment.
B. Server permit issuance. Satisfactory completion of a
certified program will be determined by the student earning a score of eighty
percent or higher on an approved test administered at the end of a classroom
program or administered at the end of or after completion of a module for
on-line programs. Each student who satisfactorily completes a certified program
may be issued a server permit by the division. If the student has a child
support hold placed on him or her by the human services department, the
division shall not issue a server permit to that student until the child
support hold has been lifted.
C. Providers’ duty to inform the division of student’s
satisfactory completion. Within 10 business days of satisfactory completion of
any certified program, the provider who administered the program shall submit
to the division a server permit application for each student who satisfactorily
completed the program, including their name, personal identifier, address, date
of birth, and any other information required by the division on forms
prescribed by the division and in accordance with methods prescribed by the
division, including electronic submission. Server permits will be numbered
sequentially to provide a unique number for each student who satisfactorily
completes a program. Any application received by the division more than 10
business days after the date the course was completed will subject the provider
to a late fee of five dollars ($5) per application. Any incomplete application
received by the division shall be returned to the provider for completion.
D. Division will distribute permits. The division will
prepare and distribute the server permits to the student within 90 days of
satisfactory completion of a certified program. Providers are required to store
original server permit applications in a secured manner for six months from the
date of satisfactory completion of the certified program. After six months from
the date of satisfactory completion, providers may destroy the original server
permit applications through shredding or another method that ensures the
information cannot be stolen or otherwise re-used.
E. Temporary Server Permits. Providers who
administer a classroom program may issue temporary server permits by recording
the test grade on the server permit application and issuing a designated copy
of the application to the student. Providers who administer on-line programs
may issue temporary server permits by allowing the student to print out a computer generated document, containing information as
required by the division, upon satisfactory completion of the program by student.
Temporary server permits are valid for 90 days from the date the exam is
successfully completed. Photocopies of the designated copy of the application
or computer print-out are not valid temporary server permits. If the server
loses the temporary server permit, it is the responsibility of the provider to
supply a replacement temporary server permit. Providers are required to inform
all students that it will take up to 120 days from the date the exam is
successfully completed for the server to receive a permanent permit from the
division and that if the server needs a replacement temporary server permit the
server may obtain one from the provider.
F. Replacement server permits. Requests for replacement
server permits must be submitted in writing to the division. Requests must be
made by the server, must be submitted on forms prescribed by the division and
must be accompanied by a ten dollar ($10.00)
replacement fee in the form approved by the division. If the request is made in
person, the server must present a valid, government issued identification card.
If the request is made by mail, the server must enclose a photocopy of a valid,
government issued identification card. A request to change the name of the
server may, in lieu of a valid, government issued identification card, include
a copy of a marriage certificate, divorce decree, or court order.
[16.8.10.8 NMAC -
N, 07/12/2022]
16.8.10.9 PROVIDER, INSTRUCTOR AND PROGRAM
CERTIFICATION; RENEWAL:
A. Certification required: Any person seeking certification
as a provider, instructor or program must submit an
application to the division for approval in accordance with this
section. An on-line program and a classroom program cannot be combined into one
application.
B. Applications for providers and programs:
(1) Providers and instructors:
(a) the name and qualifications of the
provider or the name and qualifications of the instructor(s), including a
resume, references and the name of the certified program that applicant intends
to administer;
(b) for on-line providers, the name and
address of all entities owning, profiting, or both from the administration of
the on-line course;
(c) fees that will be charged to take the
program; and
(d) any other relevant information as may
be required by the director.
(2) Programs:
(a) a description of program content that
meets the minimum requirements contained in the Cannabis Regulation Act,
specifically Section 26-2C-11, NMSA 1978, including a copy of the classroom
program’s handbook or a copy of the on-line program’s quick reference materials
to be distributed to and retained by students after satisfactory completion of
the program. All programs should include
real life examples and should be administered, at least in part, in an
interactive way;
(b) all proposed programs must include a
minimum of four and one-half classroom hours or the equivalent for on-line programs;
(c) for on-line programs:
(i) a
description of the procedure for electronic transmission of the student’s full
name, address, personal identifier, driver’s license or other government-issued
identification number and state of issuance, date of birth, phone number,
e-mail address, sex, height, weight, hair color, eye color, test score and test
completion date within 10 days of a student’s successful completion of the
program, including a description of the security measures that will be taken to
ensure that the information is stored and transmitted in a secure manner. The
electronic transmission of the student’s information should meet the data
security standards prescribed by the payment card industry security council or
the equivalent as determined by the division, and in a format approved by the division;
(ii) a description of any and all security
measures taken to ensure that the person who is taking the course is the same
person who will receive credit for taking the course and who will submit to the
proctored exam at the end of the course;
(iii) proof to the satisfaction of the
division that the average user will take at least four clock hours or the
equivalent to complete course;
(iv) proof to the satisfaction of the
division that students cannot fast- forward or skip through the course
materials.
(d) any other reasonably relevant
information as may be required by the division;
C. Completeness check: When the division receives an application
for certification as a provider, instructor or program, the division will check
the application for completeness.
(1) if the application is incomplete, the
division will contact the applicant for additional
information;
(2) if the application is complete, the
division shall review the application.
D. Standards for licensure: An application for licensure
may be granted if the standards identified in this section are met.
(1) Providers and instructors: In
reviewing applications for licensure as a provider or instructor the division
shall consider:
(a) whether all the information required
by these rules has been submitted and is accurate and valid;
(b) the qualifications and references of
the applicant, including whether the applicant has 3 or more years of
experience related to the sale or service of cannabis and cannabis products;
(c) whether applicant is 21 years of age
or older;
(d) whether applicant has ever been found
guilty of or admitted guilt to a violation of the Cannabis Regulation Act;
(e) whether applicant intends to teach a
program approved by the division in accordance with these rules;
(f) any other reliable and relevant
information, as determined by the division.
(2) Programs: In reviewing applications
for licensure as a program the division shall consider:
(a) whether the information required by
these rules has been submitted and is accurate and valid;
(b) whether the program includes all
content required by law, currently contained in Section 26-2C-11 NMSA 1978;
(c) whether the program includes
comprehensive training on how to detect obvious signs of intoxication, focusing
both on the sale of cannabis and cannabis products for off-premise
and on-premise consumption;
(d) whether the program includes an
up-to-date sample photo of a driver’s license issued to a minor by the New
Mexico motor vehicle division of the New Mexico department of taxation and
revenue and training on how to detect a fake or fabricated identification card;
(e) whether the program includes
management-specific training, including strategies for management to support
servers working under their supervision;
(f) whether the program is reviewed and
revised annually to ensure current comprehensive training;
(g) whether the program is interactive
and includes real life instructional examples;
(h) for on-line programs whether it is
easy to navigate and user-friendly; and
(i) any
other reliable and relevant information, as determined by the division.
(3) In addition to the other standards
listed above, all providers and instructors shall hold current server permits at all times when providing instruction.
E. Expiration of licensure: Provider, instructor and
program licensure expire on December 31 each year.
F. Renewal: Renewal applications for provider,
instructor and program licensure must be submitted no later than November 30 of
each year.
(1) Renewal applications for providers
and instructors must include names and qualifications of the provider or
instructors and proof that the provider is covered by a surety bond in the
amount of five thousand dollars ($5,000) of a surety company authorized to
transact business in New Mexico;
(2) Renewal applications for programs shall
include a summary of all proposed changes to program content from the prior
year and any updates that have been made or will be made to the program,
including where those changes can be found in the program materials. At a
minimum, programs must be updated annually to reflect changes to the law,
updated statistical information and an up-to-date sample photo of a driver’s
license issued
to a minor by the New Mexico motor vehicle
division of the New Mexico department of taxation and revenue if applicable.
G. Transferability: Provider, instructor and program
licensure are non-transferrable.
H. Cancellation: A provider or instructor certification
shall automatically be cancelled if the provider or instructor ceases to offer
classes for 60 days or more, or upon written notice form the provider.
[16.8.10.9 NMAC -
N, 07/12/2022]
16.8.10.10 ADMINISTRATION OF SERVER PERMIT
TRAINING PROGRAM:
A. Providers’ responsibility in administering program: It is
the responsibility of providers to ensure that they and any instructors
employed by them are teaching an approved program.
B. Course materials: Providers shall ensure that each
student is provided complete course materials at the beginning of each program.
Providers who administer an on-line program shall ensure that each student
either has electronic access to course materials or is able to print out course
materials for quick reference after satisfactory completion of the program. All
course materials shall be presented by instructors in a manner that does not
indicate which material is selected for the proctored test.
C. Prior approval required: Providers must obtain prior
approval from the division before changing the required content of an approved
program.
D. Proctored tests: Proctored tests must be administered in
person immediately after completion of a classroom program. Students may not
have access to course materials during administration of the proctored test.
Exam questions must be rotated on a regular basis to ensure exam validity and
security. Providers may allow an applicant who fails the test to re-take it at
another time in the presence of an instructor. Proctored tests must be graded
by a certified instructor and cannot be graded by a student.
E. On-line tests: On-line tests must be available to be
administered immediately after students complete the course or complete a
particular module of the course. Exam questions must be rotated on a regular
basis to ensure exam validity and security. Students may not have access to
course materials during administration of the on-line test. Providers
administering on-line tests shall provide the necessary security measures to
the satisfaction of the division to combat the potential for cheating. Examples
of security measures include, but are not limited to, shuffling exam questions
each time a new exam begins, prohibit students from stopping and resuming the
exam session, implement a reasonable time limit on the exam, present security
questions at random throughout the exam. The results of the on-line test must
be given to the student after completion of the on-line test, and providers
shall provide a score report indicating wrong answers by referencing course
content section.
F. ADA compliance: Providers and instructors are required to
comply with the Americans with Disabilities Act (ADA) and ensure that students
with disabilities are provided with reasonable accommodation for instructional
and learning purposes to the extent required by law.
G. Administration of on-line programs: Providers who
administer an on-line program without the presence of a live instructor must
ensure the following:
(1) a secure login process is in place to
confirm the identity of the person taking the course;
(2) students may not be allowed to
fast-forward through the instruction portion of the course;
(3) students must have adequate access to
a help desk or customer service to resolve technical problems without delaying
the flow of instruction, as well as access to a person who can answer
substantive questions that may arise in the course of the training within 72
hours of the student asking the question;
(4) no advertisements appear during
course instruction; and
(5) students either have electronic
access to course materials or are able to print out
course materials for quick reference after satisfactory completion of the
on-line program as required by these rules.
[16.8.10.10 NMAC -
N, 07/12/2022]
16.8.10.12 VIOLATION OF PROVIDER AND PROGRAM
REQUIREMENTS:
The division may take disciplinary action against any program, or refuse to
renew licensure, when the division determines that:
A. a provider, instructor or an agent, knowingly provided
false information to the division with regard to completion of a program by any
person;
B. a provider, instructor or an agent, failed to conduct the
program as approved by the division;
C. any person filing an application with the division for
licensure of a provider, instructor or program knowingly submitted false
information to the division;
D. a provider failed to provide to the division complete,
timely reports of applicants who satisfactorily completed the program; or
E. a provider or instructor otherwise failed to comply with
the alcohol server education article or these rules.
[16.8.10.12 NMAC -
N, 07/12/2022]
16.8.10.13 SEVERABILITY: If any part or application
of this rule is held to be invalid, the remainder or its application to other
situations or persons shall not be affected. Any section of this rule legally
severed shall not interfere with the remaining protections and duties provided
by this rule.
[16.8.10.13 NMAC -
N, 07/12/2022]
History of 16.8.10
NMAC: [RESERVED]