STATE OF SOUTH DAKOTA

INFORMATION TECHNOLOGY (IT) RFP

Department of Health Office of Medical Cannabis 600 E Capitol Ave Pierre, SD 57501

Medical Cannabis Patient Registry, Establishment Licensing, and Inspection Management Software

PROPOSALS ARE DUE NO LATER THAN 03/31/2026 @ 5:00 PM CST

RFP #: 26-0904006-008 STATE POC: Whitney Brunner EMAIL: whitney.brunner@state.sd.us

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Version 1.1 August 29, 2016 1

1 General Information

1.1 Purpose of Request for Proposal (RFP)

1.2.1 Background:

South Dakota Department of Health (SD DOH) Office of Medical Cannabis requires a fully functional and operational web-based patient registration portal and issuance system, establishment licensing portal and issuance system, and an inspection tracking system that directly aligns with state and federal guidelines to collect patient and establishment application materials and issue registrations and certifications. In addition, the requested system should have the capability of tracking and organizing completed inspections reports and follow up communications to establishments. The requested system should have the capability be integrated with other public health data infrastructure, such as the Health Information Exchange (HIE) and the Office of Medical Cannabis Seed to Sale System. SD DOH is currently under contract with another vendor that expires 05/31/2027.

1.2.2 Goals and Objectives:

· Ensure full compliance with SDCL 34-20G and ARSD 44:90 through collaborative system development with the State of South Dakota.

· Ensure the system is modular, configurable, and scalable to support workflow updates or policy changes.

· Provide the ability to securely interface/communicate with various state agency systems for sharing HIPAA related data utilizing FHIR-based APIs

· Provide the ability to securely interface with the state’s Seed to Sale tracking software

· Ensure data integrity and quality, including support for real-time validation, deduplication, cross-system matching, and correction workflows

· Provide access securely via Windows desktop, laptop, or tablet each running the current version of their appropriate operating systems

· Provide the ability to produce and consume CSV and XML files, provide and utilize secure web services, and provide role-based control over user permissions.

· Provide role-based access controls allowing users to edit and modify information entered into the system by the State or end users

· Provide the ability to view and report real time data at statewide and local program level and deliver robust reporting, analytics, and dashboard tools

· Provide features allowing patients and establishments to track their progress toward meeting application requirements, including a status bar and the ability to scan their final applications for missing documents

· Provide the ability to track all aspects of facility inspections from scheduling to final reporting

· Eliminate the need for manual spreadsheet tracking of establishment registrations and all inspection processes

· Provide training, technical support, and sustainable maintenance to ensure long-term system effectiveness and user adoption.

· The patient registry system must provide the capability to create digital medical cannabis patient and caregiver cards that include validation features for medical cannabis dispensaries and law enforcement officers

1.2.3 Description of Components or Phases:

The selected vendor must employ a project management approach that will satisfy the scope of work and incorporate all activities described in the RFP. The selected vendor shall adjust the project management approach or project schedules, as necessary, to collaborate with the Department to successfully execute the project.

1.2.4 Scope of Components or Phases:

The selected vendor shall develop and maintain a Project Management Plan (PMP no later than 30 working days following the contract start date). The purpose of the Project Management Plan is to provide a comprehensive baseline of what needs to be achieved by the project, how it is to be achieved, who will be involved, how it will be reported and measured and how information will be communicated with the project. It will serve as a reference for decision and clarifications. All relevant project plans including but not limited to the Communication Plan, Change Management Plan, Staffing Management Plan, Quality Management Plan, Risk Management Plan, Issue Management Plan, Technical Review, Conversion Plan and the Work Breakdown Structure are incorporated into the Project Management Plan. It is a living document that evolves as the project progresses and is updated with the latest relevant information as required. The Project Management Plan may be broken into separate documents, but all documents will be considered sections of the Project Management Plan.

1.2 Issuing Office and RFP Reference Number

The South Dakota Department of Health Office of Medical Cannabis (“Agency”) is the issuing office for this document and all subsequent addenda relating to it, on behalf of the State of South Dakota (“State”). The reference number for this transaction is RFP#26-0904006-008. This reference number must be referred to on all proposals, correspondence, and documentation relating to this RFP. For purposes of this RFP, the State’s centralized IT agency, the Bureau of Information and Telecommunications (“BIT”), must approve all IT related purchases.

1.3 Schedule of Activities (Subject to Change)

The Schedule of Activities for this RFP is as follows:

1.4 Letter of Intent

All interested offerors must submit a Letter of Intent to respond to this RFP.

The Letter of Intent must be submitted to the Agency via email at whitney.brunner@state.sd.us by the date and time indicated in Section 1.3 Schedule of Activities. Please place the following in the subject line of your email: “Letter of Intent for RFP# 26-0904006-008”.

1.5 Submitting a Proposal

All proposals must be completed and received by the Agency by the date and time indicated in Section 1.3 Schedule of Activities.

Proposals received after the Deadline for Proposal Submission will be late and ineligible for consideration.

All proposals must be signed, in ink or electronically, by a representative of the offeror who is legally authorized to bind the offeror to the proposal. Proposals that are not properly signed may be rejected. The offeror’s proposal must be prepared pursuant to the requirements of Section 6 Proposal Submission Requirements of this RFP.

Proposals must be submitted as PDFs via Secured File Transfer Protocol (SFTP). Offerors must request an SFTP folder by the date and time indicated in Section 1.3 Schedule of Activities by emailing Whitney Brunner at whitney.brunner@state.sd.us with the subject line of “RFP# 26-0904006-008 SFTP Request”. The email should contain the name and the email of the person who will be responsible for uploading the document(s).

Please note, the offeror will need to work with its own technical support staff to set up SFTP compatible software on the offeror’s end. While the State can answer questions, the State is not responsible for the software required to access the SFTP folder.

No proposal will be accepted from, or no contract or purchase order will be awarded to, any person, firm, or corporation that is in arrears upon any obligations to the State of South Dakota, or that otherwise may be deemed irresponsible or unreliable by the State of South Dakota.

1.6 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions

By signing and submitting this proposal, the offeror certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation, by any Federal department or agency, from transactions involving the use of Federal funds. Where the offeror is unable to certify to any of the statements in this certification, the offeror shall attach an explanation to its offer.

1.7 Non-Discrimination Statement

The State of South Dakota requires that all contractors, vendors, and suppliers doing business with any State agency, department, or institution, provide a statement of non-discrimination. By signing and submitting their proposal, the offeror certifies they do not discriminate in their employment practices with regard to race, color, creed, religion, age, sex, ancestry, national origin, or disability.

1.8 Restriction of Boycott of Israel

For contractors, vendors, suppliers, or subcontractors with five (5) or more employees who enter into a contract with the State of South Dakota that involves the expenditure of one hundred thousand dollars ($100,000) or more, by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, has not refused to transact business activities, has not terminated business activities, and has not taken other similar actions intended to limit its commercial relations, related to the subject matter of the bid or offer, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel or its territories, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination.

1.9 Certification Relating to Prohibited Entity

For contractors, vendors, suppliers, or subcontractors who enter into a contract with the State of South Dakota by submitting a response to this solicitation or agreeing to contract with the State, the bidder or offeror certifies and agrees that the following information is correct:

The bidder or offeror, in preparing its response or offer or in considering proposals submitted from qualified, potential vendors, suppliers, and subcontractors, or in the solicitation, selection, or commercial treatment of any vendor, supplier, or subcontractor, is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid or response submitted by the bidder or offeror on this project and terminate any contract awarded based on the bid or response. The successful bidder or offeror further agrees to provide immediate written notice to the contracting executive branch agency if during the term of the contract it no longer complies with this certification and agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

1.10 Modification or Withdrawal of Proposals

Proposals may be modified or withdrawn by the offeror prior to the established due date and time.

No oral, telephonic, telegraphic or facsimile responses or modifications to informal, formal bids, or Request for Proposals will be considered.

1.11 Questions Regarding RFP

All written questions should be sent to: whitney.brunner@state.sd.us. Only emailed questions will be accepted.

Each offeror may submit questions via email concerning this RFP to obtain clarification of requirements. No questions will be accepted after the date and time indicated in the above schedule of activities. Email questions to the email address listed above with the subject line “RFP#26-0904006-008”. The questions and their answers will be sent to all offerors that submitted Letters of Intent, submitted questions, or requested the questions and answers via email before the proposal submittal date and will be sent by the date and time indicated in the above calendar of events. Offeror may not rely on any other statements, either of a written or oral nature, that alter any specification or other term or condition of this RFP that have not originated from the SD RFP Project Contact. Offerors will be notified in the same manner as indicated above regarding any modifications to this RFP. Offerors and their agents may not contact any state employee other than the buyer of record regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and exclusion from specific procurements.

1.12 Proprietary Information

The proposal of the successful offeror(s) becomes public information. Proprietary information can be protected under limited circumstances such as client lists and non-public financial statements. An entire proposal may not be marked as proprietary. Offerors must clearly identify in the Executive Summary and mark in the body of the proposal any specific proprietary information they are requesting to be protected. The Executive Summary must contain specific justification explaining why the information is to be protected. Proposals may be reviewed and evaluated by any person at the discretion of the State. All materials submitted become the property of the State of South Dakota and may be returned only at the State's option.

1.13 Length of Contract

The length of the contract will be for a term of five year(s).

1.14 Governing Law

This RFP will be governed by and construed in accordance with the laws of the State of South Dakota. Any lawsuit pertaining to or affecting this RFP will be venued in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

1.15 Site Visit

If site visits are required, they will be scheduled before the submission of the proposal. Site visits will be made at the offeror’s expense.

1.16 Presentations/Demonstrations

At the State’s discretion, the State may require a presentation or demonstration by an offeror to clarify a proposal. However, the State may award a contract based on the initial proposals received without a presentation or demonstration by the offeror. If presentations or demonstrations are required, they will be scheduled after the submission of proposals. Presentations and demonstrations will be made at the offeror’s expense.

1.17 Discussions

At the State’s discretion, the offeror may or may not be invited to have discussions with the State. The discussions can be before or after the RFP has been submitted. Discussions will be made at the offeror’s expense.

1.18 Technical Review

At the State’s discretion, the State may require a technical review of the offeror based on the offeror’s proposal and response to the Security and Vendor Questionnaire.

1.19 Negotiations

This process is a Request for Proposal/Competitive Negotiation process. Each proposal will be evaluated, and each respondent will be available for negotiation meetings at the State’s request. The State reserves the right to negotiate on any component of every proposal submitted. From the time the proposals are submitted until the formal award of a contract, each proposal is considered a working document and as such, will be kept confidential. The negotiation discussions will also be held as confidential until such time as the award is completed.

2 Standard Contract Terms and Conditions

Any contract or agreement resulting from this RFP will include the State’s standard terms and conditions as listed below, the State’s standard Information Technology (“IT”) contract terms listed in Appendix A, and any additional terms and conditions as negotiated by the parties. The offeror must indicate in its response any issues it has with specific contract terms. If the offeror does not indicate that there is an issue with a specific contract term, then the offeror will be deemed to have accepted the contract terms as written.

2.1 The Contractor will perform those services described in the Scope of Work, attached hereto as Section 3 of the RFP and by this reference incorporated herein.

2.2 The Contractor’s services under this Agreement will start on , and end on , unless terminated sooner pursuant to the terms of the Agreement.

2.3 The Contractor will not use State equipment, supplies, or facilities. The Contractor will provide the State with its Employer Identification Number, Federal Tax Identification Number, or Social Security Number upon execution of this Agreement.

2.4 The State will make payment for services upon satisfactory completion of the services. The TOTAL CONTRACT AMOUNT is an amount not to exceed $ . The State will not pay Contractor's expenses as a separate item. Payment will be made pursuant to itemized invoices submitted with a signed state voucher. Payment will be made consistent with SDCL chapter 5-26.

2.5 The Contractor agrees to indemnify the State of South Dakota, its officers, agents, and employees, from and against all claims or proceedings for actions, suits, damages, liabilities, other losses or equitable relief that may arise at least in part as a result of an act or omission in performing services under this Agreement. The Contractor will defend the State of South Dakota, its officers, agents, and employees against any claim, including any claim, action, suit, or other proceeding related to the claim. The Contractor’s obligation to indemnify includes the payment of attorney fees and other costs of defense. In defending the State of South Dakota, its officers, agents, and employees, the Contractor will engage other professionals, subject to the written approval of the State which will not be unreasonably withheld. Notwithstanding the foregoing, the State may, in its sole discretion and at the expense of the Contractor, engage attorneys and other professionals to defend the State of South Dakota, its officers, agents, and employees, or to assist the Contractor in the defense. This section does not require the Contractor to be responsible for or defend against claims or proceedings for damages, liabilities, losses, or equitable relief arising solely from errors or omissions of the State, its officers, agents, or employees.

2.6 During the term of this Agreement, the Contractor will obtain and maintain in force insurance coverage of the types and with the limits as follows:

2.6.1 Commercial General Liability Insurance:

The Contractor will maintain occurrence based commercial general liability insurance or equivalent form with a limit of not less than $1 million for each occurrence. If such insurance contains a general aggregate limit, it will apply separately to this Agreement or be no less than two times the occurrence limit. The insurance policy will name the State of South Dakota, its officers and employees, as additional insureds, but liability coverage is limited to claims not barred by sovereign immunity. The State of South Dakota, its officers and employees do not hereby waive sovereign immunity for discretionary conduct as provided by law.

2.6.2 Professional Liability Insurance or Miscellaneous Professional Liability Insurance:

The Contractor will procure and maintain professional liability insurance or miscellaneous professional liability insurance with a limit not less than $1 million.

2.6.3 Business Automobile Liability Insurance:

The Contractor will maintain business automobile liability insurance or equivalent form with a limit of not less than $1 million for each accident. Such insurance will include coverage for owned, hired, and non-owned vehicles.

2.6.4 Workers’ Compensation Insurance:

The Contractor will procure and maintain workers’ compensation and employers’ liability insurance as required by South Dakota or federal law.

Before beginning work under this Agreement, Contractor will furnish the State with properly executed Certificates of Insurance which will clearly evidence all insurance required in this Agreement. In the event a substantial change in insurance, issuance of a new policy, cancellation, or nonrenewal of the policy, the Contractor agrees to provide immediate notice to the State and provide a new certificate of insurance showing continuous coverage in the amounts required. Contractor will furnish copies of insurance policies if requested by the State.

2.7 While performing services under this Agreement, the Contractor is an independent contractor and not an officer, agent, or employee of the State of South Dakota.

2.8 The Contractor agrees to report to the State any event encountered in the course of performance of this Agreement which results in injury to the person or property of third parties, or which may otherwise subject Contractor or the State to liability. The Contractor will report any such event to the State immediately upon discovery.

The Contractor's obligation under this section will only be to report the occurrence of any event to the State and to make any other report provided for by their duties or applicable law. The Contractor’s obligation to report will not require disclosure of any information subject to privilege or confidentiality under law (e.g., attorney-client communications). Reporting to the State under this section will not excuse or satisfy any obligation of the Contractor to report any event to law enforcement or other entities under the requirements of any applicable law.

2.9 This Agreement may be terminated by either party hereto upon thirty (30) days’ written notice. In the event the Contractor breaches any of the terms or conditions of this Agreement, this Agreement may be terminated by the State at any time with or without notice. If termination for a breach is affected by the State, any payments due to the Contractor at the time of termination may be adjusted to cover any additional costs to the State because of the Contractor's breach. Upon termination the State may take over the work and may award another party an agreement to complete the work under this Agreement. If after the State terminates for a breach by the Contractor it is determined that the Contractor was not at fault, then the Contractor will be paid for eligible services rendered and expenses incurred up to the date of termination.

2.10 This Agreement depends upon the continued availability of appropriated funds and expenditure authority from the Legislature for this purpose. If for any reason the Legislature fails to appropriate funds or grant expenditure authority, or funds become unavailable by operation of law or federal funds reductions, this Agreement will be terminated by the State upon five (5) business days’ written notice. The Contractor agrees that termination for any of these reasons is not a default by the State nor does it give rise to a claim against the State or any officer, agent, or employee of the State, and the Contractor waives any claim against the same.

2.11 This Agreement may not be assigned without the express prior written consent of the State. This Agreement may not be amended except in writing, which writing will be expressly identified as a part of this Agreement and be signed by an authorized representative of each of the parties to this Agreement.

2.12 This Agreement will be governed by and construed in accordance with the laws of the State of South Dakota, without regard to any conflicts of law principles, decisional law, or statutory provision which would require or permit the application of another jurisdiction’s substantive law. Venue for any lawsuit pertaining to or affecting this Agreement will be in Circuit Court, Sixth Judicial Circuit, Hughes County, South Dakota.

2.13 The Contractor will comply with all federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, requirements, and other standards applicable to providing services pursuant to this Agreement and will be solely responsible for obtaining current information on such requirements. Nothing herein will constitute a waiver by the State to any defense to jurisdiction nor will anything under this Agreement constitute an acknowledgement by the State that any tribe has or exercises any jurisdiction over this Agreement or the parties.

2.14 The Contractor may not use subcontractors to perform the services described in this Agreement without the express prior written consent of the State. The Contractor will include provisions in its subcontracts requiring its subcontractors to comply with the applicable provisions of this Agreement, to indemnify the State, and to provide insurance coverage for the benefit of the State in a manner consistent with this Agreement. The Contractor will cause its subcontractors, agents, and employees to comply with applicable federal, tribal, state, and local laws, regulations, ordinances, guidelines, permits, and other standards and will adopt such review and inspection procedures as are necessary to assure such compliance. The State, at its option, may require the vetting of any subcontractors. The Contractor will assist in the vetting process.

2.15 The State reserves the right to reject any person from performing services under this Agreement who the State believes would be detrimental to the services, presents insufficient skills, presents inappropriate behavior, or is considered by the State to be a security risk.

2.16 The Contractor hereby acknowledges and agrees that all reports, plans, specifications, technical data, miscellaneous drawings, software system programs and documentation, procedures, or files, operating instructions and procedures, source code(s) and documentation, including those necessary to upgrade and maintain the software program, and all information contained therein provided to the State by the Contractor in connection with its performance of services under this Agreement will belong to and is the property of the State and will not be used in any way by the Contractor without the written consent of the State. Papers, reports, forms, software programs, source code(s), and other material which are a part of the work under this Agreement will not be copyrighted without written approval of the State.

2.17 The Contractor certifies that neither Contractor nor its principals are presently debarred, suspended, proposed for debarment or suspension, or declared ineligible from participating in transactions by the federal government or any state or local government department or agency. Contractor further agrees that it will immediately notify the State if during the term of this Agreement Contractor or its principals become subject to debarment, suspension, or ineligibility from participating in transactions by the federal government, or by any state or local government department or agency.

2.18 By signing this Agreement, the Contractor certifies and agrees that is has not refused to transact business activities, have not terminated business activities, and have not taken other similar actions intended to limit its commercial relations, related to the subject matter of this Agreement, with a person or entity that is either the State of Israel, or a company doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel to do business, or doing business in the State of Israel, with the specific intent to accomplish a boycott or divestment of Israel in a discriminatory manner. It is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to terminate this Agreement. During the term of this Agreement, if the Contractor no longer complies with this certification, the Contractor agrees to provide immediate written notice to the State and agrees such noncompliance may be grounds for termination of this Agreement.

2.19 Pursuant to South Dakota Codified Law § 5-18A, by entering into this Agreement with the State of South Dakota, the Contractor certifies and warrants that the Contractor is not a prohibited entity, regardless of its principal place of business, that is ultimately owned or controlled, directly or indirectly, by a foreign national, a foreign parent entity, or foreign government from China, Iran, North Korea, Russia, Cuba, or Venezuela, as defined by South Dakota Codified Law § 5-18A.

The Contractor agrees that if this certification is false, the State may terminate this Agreement with no further liability to the State. The Contractor further agrees to provide immediate written notice to the State if during the term of the contract it no longer complies with this certification, and the Contractor agrees such noncompliance may be grounds for contract termination and would be cause to suspend and debar a business under SDCL § 5-18D-12.

2.20 Any notice or other communication required under this Agreement will be in writing and sent to the address set forth above. Notices will be given by and to on behalf of the State, and by and to , on behalf of the Contractor, or such authorized designees as either party may from time to time designate in writing. Notices or communications to or between the parties will be deemed to have been delivered when mailed by first class mail, provided that notice of default or termination will be sent by registered or certified mail, or, if personally delivered, when received by such party.

2.21 In the event that any court of competent jurisdiction will hold any provision of this Agreement unenforceable or invalid, such holding will not invalidate or render unenforceable any other provision of this Agreement.

2.22 All other prior discussions, communications, and representations concerning the subject matter of this Agreement are superseded by the terms of this Agreement, and except as specifically provided in this Agreement, this Agreement constitutes the entire agreement with respect to the subject matter.

2.23 The waiver by either party of a breach or violation of any provisions of this Agreement will not operate as, or be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement.

2.24 Nothing in this Agreement is intended to constitute a waiver of sovereign immunity by or on behalf of the State of South Dakota, its agencies, officers, or employees.

2.25 Neither party will disclose the contents of the Agreement except as required by applicable law or as necessary to carry out the terms of the Agreement or to enforce that party’s rights under this Agreement. The Contractor acknowledges that the State of South Dakota and its agencies are public entities and thus are bound by South Dakota open meetings and open records laws. It is therefore not a breach of this Agreement for the State to take any action that the State reasonably believes is necessary to comply with the South Dakota open records or open meetings laws, including, without limitation, posting this Agreement on the website pursuant to SDCL § 1-27-46.

3 Scope of Work

3.1 Registry Requirements

3.1.1 The registry must allow a qualifying patient or caregiver to create an account to apply for a medical cannabis card. The system must also allow a medical provider to create an account to issue medical cannabis certifications within the system.

3.1.2 The registry must allow a qualifying patient or qualifying patient's power of attorney to submit an application for patient registration for a medical cannabis card via this portal. The application must include the following:

· The name, address, date of birth and last 4 of the Social Security Number (SSN) of the qualifying patient unless the patient is homeless;

· Qualifying patient’s demographic information including gender, race, income status;

· The name address, and telephone number of the qualifying patient's practitioner;

· The name, address, and the date of birth of the designated caregiver or designated caregivers;

· If the qualifying patient designates a caregiver, a designation as to whether the qualifying patient or the designated caregiver will be allowed to possess and cultivate cannabis plants for the qualifying patient's medical use;

· The name of no more than two dispensaries that the qualifying patient designates, if any;

· Whether the person submitting the application is a qualifying patient or his/her power of attorney;

· Whether or not the qualifying patient is a resident or nonresident of South Dakota and a feature to select resident and non-resident;

· Terms and Condition agreement checkbox;

· Must allow an upload functionality to upload home cultivation and low-income documentation, and;

· Any additional information required by the rules promulgated by the State.

3.1.3 The registry must provide a copy of the completed application to the applicant.

3.1.4 The registry must require the following supporting documents as part of a patient application:

· A written certification issued by a practitioner within 90 days prior to the date of an application;

· If more than one designated caregiver is designated at any given time, documentation demonstrating that a greater number of designated caregivers are needed due to the patient's age or medical conditions; and

· If patient's power of attorney is submitting the application on behalf of the patient, the supporting document indicating their power of attorney must be submitted.

3.1.5 The registry must flag applications from a qualifying patient who is younger than 18 years of age unless he/she submits the following documentation:

· Written explanation from the qualifying patient's practitioner about the potential risk and benefits of the medical use of cannabis to the custodial parent or legal guardian with responsibility for health care decision for the qualifying patient.

· Designation of a caregiver for the minor patient

· The system must additionally prevent the approval of a minor patient’s application until the above requirements are met.

3.1.6 The registry must have an application validation function to prevent missing documents or data errors. The validation function must be visible to the DOH and the individual completing the application and must identify the missing information.

3.1.7 The registry must have the capability of migrating all information and data from the currently used registry to the new registry.

3.1.8 The registry must allow a designated caregiver to submit an application for patient registration via this portal. The caregiver must meet all of the following criteria:

· Is at least 21 years old;

· Has agreed to assist with a qualifying patient's medical use of cannabis;

· Has not been convicted of a disqualifying felony offence; and

· Assists no more than 5 qualifying patients with the medical use of cannabis, unless the designated caregiver's qualifying patients each reside in on are admitted to a health care facility or residential care facility where the designated caregiver is employed

If an applicant fails to meet any of these criteria, it should be flagged for State staff for review.

3.1.9 The caregiver application must include the following fields:

· The name, address, and the date of birth of the qualifying patient unless the patient is homeless.

· The name, address, and the date of birth of the designated caregiver or designated caregivers.

· Additional information required by the rules promulgated by SD DOH

3.1.10 The registry must provide the copy of the completed application to the applicant

3.1.11 The registry must require the following supporting documents as part of a caregiver application:

· Must allow upload functionality to upload home cultivation and background check information; and

· Any other documents required by the rules promulgated by SD DOH

3.1.12 If the designated caregiver is applying to be the caregiver for a minor, a written consent from the custodial parent or legal guardian with responsibility for the health care decisions for the qualifying patient allowing the qualifying patient's medical use of cannabis, consent to serve as patient's designated caregiver, and consent to control the acquisition of cannabis, dosage, and the frequency of the medical use of cannabis by qualifying patient must be submitted as part of the application.

3.1.13 For medical provider registration, the system must provide fields for providers to enter the following information:

· First and Last Name

· Provider type

· Area of specialty

· Medical license or nursing license number

· National Provider ID

· License expiration date

· Birth year

· Last four digits of their SSN

· Address, phone number, and email of the clinic in which they practice

3.1.14 System must include the following functionality for medical providers:

· Ability to issue and renew medical cannabis certifications

· Requirement to click attestations before certification can be issued

· Ability to request revocation of patient certification

· Dashboard of their current patients and the patients’ certification status

· Ability to edit certifications until the patient pays for their card

3.1.15 The registry must issue a virtual or printed identification card containing the following information:

· The name of the cardholder;

· A designation of whether the cardholder is a qualifying patient or a designated caregiver;

· The date of issuance and expiration date of the registry identification card;

· A random 10 digit alphanumeric identification number, containing at least

· numbers and at least 4 letters, that is unique to the cardholder

· A clear indication of whether the cardholder has been designated to cultivate cannabis plants for the qualifying patient's medical use;

· A photograph of the cardholder;

· The phone number or website address where the card can be verified.

· If the cardholder is a designated caregiver, the identification number of the qualifying patient the designated caregiver will assist must be displayed on the card;

· The cardholder’s date of birth with bolded indication if the patient is under 21 years of age;

· Physical address of the cardholder; and

· QR code or other means for law enforcement to verify card is valid.

If cards are to be printed, the vendor should specify the preferred printing software, machine model and the associated cost in the proposal if they have specific integration requirements. The vendor may also propose an option to work with a third-party vendor for card printing as an alternative method.

3.1.16 Provide a dashboard or status bar where patients and caregivers can see the status of their application, including “application submitted to SD DOH,” “Application in review,” “Application approved/denied”, “Virtual Card Issued or Printed Card Mailed”.

3.1.17 Provide a communication feature to send automatic notification and alerts to patients/caregivers.

3.1.18 The registry must provide a communication feature where SD DOH staff can directly communicate with specific applicants in a secure manner.

3.1.19 The record of communication between the SD DOH personnel and applicant or cardholder must be stored and reviewable in the system. The communication record should include sender, recipient, date and time of communication, and the content of the communication.

3.1.20 The registry system must have a letter generating component where DOH personnel can quickly customize patient communication letters based on multiple routine scenarios or communication needs. The template letters include, but are not limited to the following:

· Renewal

· Incomplete Application

3.1.21 Allow SD DOH personnel to review, accept, request additional information or deny the applications. SD DOH personnel may deny an application or renewal of qualifying patient’s registry identification if the applicant:

· Does not provide the required information, fee, or materials;

· Previously had a registry identification card revoked; or

· Provided false information

Additionally, caregiver application can be denied by SD DOH staff for the following reasons:

· The applicant does not provide the information required:

· The designated caregiver previously had a registry identification card revoked: or

· The applicant or the designated caregiver provide false information

3.1.22 The registry must create and provide a written notice to the qualifying patient of the reason for denying a registry identification card to the qualifying patient or the designated caregiver.

3.1.23 DOH staff must have ability to edit application records. The edit capability should be provided to certain personnel based on their security role in the registry system to maintain adequate internal control and data integrity.

3.1.24 Provide a dashboard where SD DOH staff can see the list of applications to be reviewed. The dashboard should provide a sort and filter feature where SD DOH staff can organize the applications.

3.1.25 The registry should have ability to automatically move applications through the process set by SD DOH from application submission to the card issuance.

3.1.26 The portal should automatically assign applications to appropriate SD DOH personnel based on role set in the system with ability to manually select applications for review or approval. Additionally, the workflow should include a queue where all the submitted applications with missing documents or missing information fields are routed to streamline the workflow process to ultimately yield completed applications.

3.1.27 SD DOH personnel should receive alerts or notification when applications are assigned to them.

3.1.28 Export data in the system in CSV or Excel format. The registry must provide the ability to create custom reports based on selected fields, and the ability to save certain reports to reduce redundancies.

3.1.29 DOH staff must have the ability to import data to registry in case they receive paper applications via e-mail or mail.

3.1.30 The registry must have reporting functionality with easy-to-use query function.

3.1.31 The registry must have reporting tool with sort and filter function, an ability to save and share custom report specification, and an ability to export the report in various formatting including Microsoft Excel or PDF.

3.1.32 The registry should also come with templates of reports including but not limit to the following list:

· Total number of applications received for medical marijuana patient and caregiver cards by dates specified

· Total number of approved applications for medical marijuana patient and caregiver cards for a set time period, including historical information.

· The number of revocations, suspensions, and incomplete applications by dates specified

· The percentage breakdown of qualifying conditions for current patients

· Total fees collected for medical marijuana patient and caregiver cards by payment type, including additional fees for home cultivation and card replacement

· Total number of physicians providing written recommendations for medical marijuana

· Total number of medical marijuana patients approved by physicians

· Patient counts by race, gender, and income

· Total patients broken down by resident and non-resident

The template reports should contain the latest data at the time of export, with the ability to set the date range for the reports.

3.1.33 The registry must have an ability to integrate with the following systems:

· Medical Marijuana Seed-to-sale tracking system;

· Patient Verification system;

3.1.34 The registry must have the capability for a registered qualifying patient or cardholder to update the following information and the system should automatically prompt the SD DOH for internal review prior to approving the change:

· A registered qualifying patient to submit changes of address, name, or if the patient ceases to have a debilitating medical condition, within 10 days of change;

· A registered designated caregiver to submit changes of the caregiver’s name or address, or if the caregiver becomes aware the qualifying patient passed away within 10 days of change;

· A registered qualifying patient must notify SD DOH prior to changing a designated caregiver

· A registered qualifying patient to submit changes if they change a preference as to who may cultivate cannabis for the patient;

· The cardholder must notify SD DOH if they lose a card within 10 days of becoming aware the card has been lost; and

· A registered qualifying patient must submit changes of a designated dispensary

3.1.35 A registry must provide an ability for a designated caregiver to make the required changes on behalf of the registered qualifying patient.

3.1.36 The registry must prompt the SD DOH for internal investigation purposes for the following circumstances caused by changes approved:

· A registered qualifying patient who is under 18 years of age to be active in the system without registered caregiver;

· A registered caregiver to be active in the system without registered qualifying patient; and

· Any other circumstances determined by SD DOH

3.1.37 Any changes to information in the registry should be tracked. The audit information should include username, date and time of change, and details of change.

3.1.38 DOH personnel must be able to cancel or revoke medical marijuana card through this portal.

3.1.39 Medical Cannabis card will expire in one year or less. This registry must allow Medical Cannabis cardholder to renew card by reviewing information, submitting required documents, and pay a renewal fee through the portal. Required documents and renewal fee will be determined by administrative rules.

3.1.40 DOH personnel must be able to reissue identification cards with a new random 10-digit alphanumeric identification number as necessary through this portal. The cardholder must pay $20 fee for reissuance of identification card.

3.1.41 The system must have the capability to track SD DOH user activity throughout the system including login date and time and patient accounts accessed.

3.2 Verification Requirements

3.2.1 The verification portal must be a secure web-based system. The verification system must allow law enforcement personnel or medical cannabis establishments to enter a registry identification number or to scan the identification card QR code or barcode to verify the validity of the patient card or caregiver card.

3.2.2 The verification system must disclose only the following information:

· Whether the Medical Cannabis card is valid;

· Whether the cardholder is a qualifying patient or a designated caregiver;

· Whether the cardholder is permitted to cultivate cannabis plants;

· The registry identification number of any affiliated registered qualifying patient; and

· The registry identification of the qualifying patient’s dispensary or dispensaries, if any.

3.2.3 The verification system must be configurable by the system administrator. The system administrators should be able to add or remove searchable fields and information displayed on the verification system.

3.2.4 The verification system must have an ability to integrate with the following systems:

· Medical Marijuana Seed-to-sale tracking system;

· Patient Registry system

3.3 Application Requirements

3.3.1 The system must allow an individual to submit a new or renewal application on behalf of businesses for medical marijuana establishment certificates. The information required for application is determined by the administrative rules. System must allow multiple establishments under one user and allow multiple users under one establishment.

3.3.2 The system should provide the copy of the completed application to the applicant.

3.3.3 The system must allow individuals submitting an establishment application to upload all required documents into the system.

3.3.4 The portal must have application document validation function to prevent missing documentation. The applications with missing documents should not have submission option in the system. The data validation function must be visible to the establishment applying and SD DOH staff. The data validation function must require that all required documents be submitted annually and alert both the establishment and SD DOH staff which documents are missing from the application.

3.3.5 The system must have the capability of migrating all data and information from the current system to the new system.

3.3.6 Allow Fee structure to be adjusted or updated based on legislation or inflation.

3.3.7 The system must issue a medical marijuana establishment certificate that includes the following:

· South Dakota Medical Cannabis Program name and logo

· Establishment legal name and Doing Business As (DBA) name

· Establishment address

· Establishment type

· Certificate expiration date

· Certificate number

· DOH signature

· Disclaimer “Certificate is not transferable- Post in the establishment”

3.3.8 Provide a dashboard where individuals can see the status of their application for licenses associated with their business that confirms…