Advisory Committee on Background of Principal Officers or Managers makes significant changes to application questions

By Brandon Dunn

Wednesday afternoon, the Advisory Committee on Background of Principal Officers or Managers  gathered to review questions 1-18 of the Facility License Application Questions Draft and discuss three newly suggested questions to be added. The panel tasked with this review consists of Rev. Tommie Pierson, Sr., Clay Goddard, and Kim Grinston of the Department of Insurance, Financial Institutions & Professional Registration. Rev. Pierson did not attend the committee meeting. The committee was once again asked to evaluate each question, give feedback, and assign a value of importance as slightly important, important, highly important, or critically important.

Question 1 – Original text: Submit evidence of the character of Principal Officer or Manager #1 – Letter of Recommendation. Amended to : Submit evidence (including but not limited to, letters of recommendation) of the character and veracity (truthfullness) of all principal officers and managers.  (Maximum of 3 documents per officer or manager.) Accepted as read (Important)

Questions 2-6  asking to “Submit evidence of the character of Principal Officer or Manager #2 – Letter of Recommendation” and “Submit evidence of the veracity (truthfulness) of Principal Officer or Manager #1 – Letter of Recommendation” for multiple entities were removed.

Question 7 received the same treatment – replacing the existing texts for 7-9 and combining them changing the original text : “Submit evidence of the qualifications and background (including, but not limited to, a resume or curriculum vitae) of Principal Officer or Manager #1”  and amending it  to : “Submit evidence (including, but not limited to, a resume or curriculum vitae) of the qualifications, background, and relevant experience of all principal officers and managers.  (Maximum of 3 documents per officer or manager.)” Accepted as amended. (Highly Important)

Question 10 which originally read, “Has any identified principal officer or manager operated and/or managed a business for five or more years? If yes, describe and list the legal business name, business address of each business and period of time at such businesses,” was deleted and replaced.

Describe how your previous business experience will contribute to the success of your medical marijuana business. List the legal business name and address of each business you operated or managed.  The question was accepted as read. (Critically Important)

11 Original text, “Describe how the principal officers and managers will reflect the community in which your business will be located,” amended to : “Describe how the background of the principal officers and managers will positively reflect or align with the community in which your business will be located,”  Question accepted as read – (Important)

12 Original text, “Does any principal officer or manager have any current outstanding tax liability?”

Question amended to read, “Does any principal officer or manager have any delinquency in the filing or payment of any state income tax, personal property tax, municipal tax, or real property tax, either individually or for a business of which the principal officer or manager has an ownership interest?”  Question accepted as read – (Highly Important)

13 Question amended to remove the word identified, original text reads,”Has any identified principal officer or manager been the subject of an action resulting in sanctions, disciplinary actions, civil monetary penalties, or fines being imposed relating to a registration, license, provisional license or any other authorization to cultivate, process, or dispense medical marijuana in any state? If “Yes”, provide the following: Respondent / Defendant, Name of Case and Docket Number, Nature of Charge or Complaint, Date of Charge or Complaint, Disposition, and Name and Address of the Administrative Agency or Court (Specify Federal, State and/or Local Jurisdictions).

New text reads as, “Has any principal officer or manager, either individually or as a principal officer or manager of a business, been the subject of an action that resulted in any sanction, disciplinary action, or fine being imposed, relating to a registration, license, provisional license, or any other authorization to cultivate, process, or dispense medical marijuana in any state?  If “Yes”, provide the following: Respondent / Defendant, Name of Case and Docket Number, Nature of Charge or Complaint, Date of Charge or Complaint, Disposition, and Name and Address of the Administrative Agency or Court (Specify Federal, State and/or Local Jurisdictions).” The question was accepted as read. (Critically Important)

14 Original text: Has a criminal, civil, or administrative judgement been issued against an identified principal officer or manager under the laws of Missouri or any other state, the United States or a military, territorial or tribal authority, relating to any of the Applicant’s identified managers or principal officers profession or occupation? If “Yes”, provide the following: Respondent / Defendant, Name of Case and Docket Number, Nature of Charge or Complaint, Date of Charge or Complaint, Disposition, and Name and Address of the Administrative Agency or Court (Specify Federal, State and/or Local Jurisdictions).

    

Text amended to :Has any principal officer or manager ever been convicted of, or plead guilty or nolo contendere to, any felony offense under state or federal law, whether or not a sentence has been imposed, relating to the principal officer’s or manager’s practice of any profession or occupation?  If yes, provide the following: Defendant, Name of Case and Docket Number, Nature of Charge or Complaint, Date of Charge or Complaint, Disposition, and Jurisdictional Court (Specify Federal, State and/or Local Jurisdictions). Question accepted as read (Highly Important)

Questions 15, 16, and 17 were amended to remove the word, “identified,” and were accepted as read.

15 Has any principal officer or manager ever been convicted of, or plead guilty or nolo contendere to, any felony offense (not including any offense related to the practice of their profession or occupation) under state or federal law, whether or not a sentence has been imposed?  If yes, please provide the following: Defendant, Name of Case and Docket Number, Nature of Charge or Complaint, Date of Charge or Complaint, Disposition, and Jurisdictional Court (Specify Federal, State and/or Local Jurisdictions).

16 Has any principal officer or manager, either individually or as a principal officer or manager of a business, ever been denied a license or registration by the Drug Enforcement Administration, the Missouri Bureau of Narcotics and Dangerous Drugs, or other appropriate controlled substance licensing/registration body of any state? If yes, provide the name of the controlled substance licensing/registration body and the reason for the denial. (Critically Important)

17 Has any principal officer or manager, either individually or as a principal officer or manager of a business, ever been the subject of an investigation or a disciplinary action by the Drug Enforcement Administration, the Missouri Bureau of Narcotics and Dangerous Drugs, or other appropriate controlled substance licensing/registration body of any state that resulted in the surrender, suspension, revocation, or probation of a license or registration?  If yes, provide the name of the controlled substance licensing/registration body and the reason for the disciplinary action. (Important)

18 Original text reads as “Has any identified principal officer or manager ever been the subject of a disciplinary action by the Drug Enforcement Administration or appropriate issuing body of any state jurisdiction that was based in whole or in part, on the Applicant’s prescribing, dispensing, diverting, administering, storing, personally furnishing, compounding, supplying, or selling a controlled substance or other dangerous drug (i.e. prescription drug)? If yes, please provide the name of the issuing body and the reason.” This question was removed.

The three proposed additions read as:

N1 Has any principal officer or manager, either individually or as a principal officer or manager of a business, ever had a license, permit, or registration to practice any profession or occupation, disciplined or denied by any state or federal licensing body?  If yes, state the reason for the denial or discipline. Question accepted as read. (Slightly Important)

N2 –Has any principal officer or manager, either individually or as a principal officer or manager of a business, ever had any final adverse or disciplinary action taken against them by the United States Food and Drug Administration in relation to the production or distribution of any food, drug, medication or dietary/herbal supplement?  If yes, state the reasons for the adverse or disciplinary action.  Question accepted as read. (Important)

N3 – Has any principal officer or manager, either individually or as a principal officer or manager of a business, ever been excluded from participation in any state or federally funded health care program such as Medicare, Medicaid, or MO HealthNet for fraud, abuse, or submission of any false or fraudulent claim, payment, or reimbursement request?  If yes, state the reasons for the exclusion.  Question accepted as read.  (Slightly Important)

All questions were unanimously accepted.