Legislation
SECTION 30
Certification of patients
Cannabis (CAN) CHAPTER 7-A, ARTICLE 3
§ 30. Certification of patients. 1. A patient certification may only
be issued if:
(a) the patient has a condition, which shall be specified in the
patient's health care record;
(b) the practitioner by training or experience is qualified to treat
the condition;
(c) the patient is under the practitioner's continuing care for the
condition; and
(d) in the practitioner's professional opinion and review of past
treatments, the patient is likely to receive therapeutic or palliative
benefit from the primary or adjunctive treatment with medical use of
cannabis for the condition.
2. The certification shall include: (a) the name, date of birth and
address of the patient; (b) a statement that the patient has a condition
and the patient is under the practitioner's care for the condition; (c)
a statement attesting that all requirements of subdivision one of this
section have been satisfied; (d) the date; and (e) the name, address,
telephone number, and the signature of the certifying practitioner. The
board may require by regulation that the certification shall be on a
form provided by the office. The practitioner may state in the
certification that, in the practitioner's professional opinion, the
patient would benefit from medical cannabis only until a specified date.
The practitioner may state in the certification that, in the
practitioner's professional opinion, the patient is terminally ill and
that the certification shall not expire until the patient dies.
3. In making a certification, the practitioner may consider the form
of medical cannabis the patient should consume, including the method of
consumption and any particular strain, variety, and quantity or
percentage of cannabis or particular active ingredient, and appropriate
dosage. The practitioner may state in the certification any
recommendation or limitation the practitioner makes, in his or her
professional opinion, concerning the appropriate form or forms of
medical cannabis and dosage.
4. The practitioner shall give the certification to the certified
patient or the certified patient's designated caregiver, and place a
copy in the patient's health care record. Such certification shall
include information sufficient for a registered organization to confirm
that the certification is valid in accordance with section thirty-two of
this article and as determined by the board in regulation. The board
may, by rules and regulations, establish a code, including but not
limited to quick response (QR) code, for each practitioner to provide a
certified patient or their designated caregiver with, to present to a
registered organization to obtain medical cannabis or medical cannabis
products from a registered organization.
5. No practitioner shall issue a certification under this section for
themselves.
6. A certification shall expire two years after the date the
certification is signed by the practitioner, except as provided for in
subdivision seven of this section.
7. (a) The practitioner may state in the certification that, in the
practitioner's professional opinion, the patient would benefit from
medical cannabis only until a specified earlier date, upon which the
certification shall expire; (b) the practitioner may state on the
certification that the patient is terminally ill and the certification
will not expire until the patient dies; (c) the practitioner may reissue
the certification to terminate the certification on an earlier date; (d)
the certification may state any recommendation or limitation by the
practitioner as to the form or forms of medical cannabis or dosage for
the certified patient; (e) a practitioner may extend the expiration date
of a certification prior to the certification's expiration; (f) if a
certification has expired and the practitioner determines that the
patient would benefit from medical cannabis, the certification shall be
reissued; and (g) the board shall make regulations to implement this
subdivision.
8. Prior to issuing a certification a practitioner must complete
appropriate training as determined by the board in regulation. For the
purposes of this article a person's status as a practitioner is deemed
to be a "license" for the purposes of section thirty-three hundred
ninety of the public health law and shall be subject to the same
revocation process.
be issued if:
(a) the patient has a condition, which shall be specified in the
patient's health care record;
(b) the practitioner by training or experience is qualified to treat
the condition;
(c) the patient is under the practitioner's continuing care for the
condition; and
(d) in the practitioner's professional opinion and review of past
treatments, the patient is likely to receive therapeutic or palliative
benefit from the primary or adjunctive treatment with medical use of
cannabis for the condition.
2. The certification shall include: (a) the name, date of birth and
address of the patient; (b) a statement that the patient has a condition
and the patient is under the practitioner's care for the condition; (c)
a statement attesting that all requirements of subdivision one of this
section have been satisfied; (d) the date; and (e) the name, address,
telephone number, and the signature of the certifying practitioner. The
board may require by regulation that the certification shall be on a
form provided by the office. The practitioner may state in the
certification that, in the practitioner's professional opinion, the
patient would benefit from medical cannabis only until a specified date.
The practitioner may state in the certification that, in the
practitioner's professional opinion, the patient is terminally ill and
that the certification shall not expire until the patient dies.
3. In making a certification, the practitioner may consider the form
of medical cannabis the patient should consume, including the method of
consumption and any particular strain, variety, and quantity or
percentage of cannabis or particular active ingredient, and appropriate
dosage. The practitioner may state in the certification any
recommendation or limitation the practitioner makes, in his or her
professional opinion, concerning the appropriate form or forms of
medical cannabis and dosage.
4. The practitioner shall give the certification to the certified
patient or the certified patient's designated caregiver, and place a
copy in the patient's health care record. Such certification shall
include information sufficient for a registered organization to confirm
that the certification is valid in accordance with section thirty-two of
this article and as determined by the board in regulation. The board
may, by rules and regulations, establish a code, including but not
limited to quick response (QR) code, for each practitioner to provide a
certified patient or their designated caregiver with, to present to a
registered organization to obtain medical cannabis or medical cannabis
products from a registered organization.
5. No practitioner shall issue a certification under this section for
themselves.
6. A certification shall expire two years after the date the
certification is signed by the practitioner, except as provided for in
subdivision seven of this section.
7. (a) The practitioner may state in the certification that, in the
practitioner's professional opinion, the patient would benefit from
medical cannabis only until a specified earlier date, upon which the
certification shall expire; (b) the practitioner may state on the
certification that the patient is terminally ill and the certification
will not expire until the patient dies; (c) the practitioner may reissue
the certification to terminate the certification on an earlier date; (d)
the certification may state any recommendation or limitation by the
practitioner as to the form or forms of medical cannabis or dosage for
the certified patient; (e) a practitioner may extend the expiration date
of a certification prior to the certification's expiration; (f) if a
certification has expired and the practitioner determines that the
patient would benefit from medical cannabis, the certification shall be
reissued; and (g) the board shall make regulations to implement this
subdivision.
8. Prior to issuing a certification a practitioner must complete
appropriate training as determined by the board in regulation. For the
purposes of this article a person's status as a practitioner is deemed
to be a "license" for the purposes of section thirty-three hundred
ninety of the public health law and shall be subject to the same
revocation process.