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This entry was published on 2021-04-09
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SECTION 32
Registry identification cards
Cannabis (CAN) CHAPTER 7-A, ARTICLE 3
§ 32. Registry identification cards. 1. Upon approval of the
certification, the office shall issue registry identification cards for
certified patients and designated caregivers. A registry identification
card shall expire as provided in this article or as otherwise provided
in this section. The office shall begin issuing registry identification
cards as soon as practicable after the certifications required by this
chapter are granted. The office may specify a form for a registry
application, in which case the office shall provide the form on request,
reproductions of the form may be used, and the form shall be available
for downloading from the board's or office's website.

2. To obtain, amend or renew a registry identification card, a
certified patient or designated caregiver shall file a registry
application with the office, unless otherwise exempted by the board in
regulation. The registry application or renewal application shall
include:

(a) in the case of a certified patient:

(i) the patient's certification, a new written certification shall be
provided with a renewal application if required by the office;

(ii) the name, address, and date of birth of the patient;

(iii) the date of the certification;

(iv) if the patient has a registry identification card based on a
current valid certification, the registry identification number and
expiration date of that registry identification card;

(v) the specified date until which the patient would benefit from
medical cannabis, if the certification states such a date;

(vi) the name, address, and telephone number of the certifying
practitioner;

(vii) any recommendation or limitation by the practitioner as to the
form or forms of medical cannabis or dosage for the certified patient;

(viii) if the certified patient designates a designated caregiver, the
name, address, and date of birth of the designated caregiver, and other
individual identifying information required by the board;

(ix) if the designated caregiver is a cannabis research license holder
under this chapter, the name of the organization conducting the
research, the address, phone number, name of the individual leading the
research or appropriate designee, and other identifying information
required by the board; and

(x) other individual identifying information required by the office;

(b) in the case of a designated caregiver:

(i) the name, address, and date of birth of the designated caregiver;

(ii) if the designated caregiver has a registry identification card,
the registry identification number and expiration date of that registry
identification card; and

(iii) other individual identifying information required by the office;

(c) a statement that a false statement made in the application is
punishable under section 210.45 of the penal law;

(d) the date of the application and the signature of the certified
patient or designated caregiver, as the case may be;

(e) any other requirements determined by the board.

3. Where a certified patient is under the age of eighteen or otherwise
incapable of consent:

(a) The application for a registry identification card shall be made
by the person responsible for making health care decisions for the
patient.

(b) The designated caregiver shall be: (i) a parent or legal guardian
of the certified patient; (ii) a person designated by a parent or legal
guardian; (iii) an employee of a designated caregiver facility,
including a cannabis research license holder; or (iv) an appropriate
person approved by the office upon a sufficient showing that no parent
or legal guardian is appropriate or available.

4. No person may be a designated caregiver if the person is under
twenty-one years of age unless a sufficient showing is made to the
office that the person should be permitted to serve as a designated
caregiver. The requirements for such a showing shall be determined by
the board.

5. No person may be a designated caregiver for more than four
certified patients at one time; provided, however, that this limitation
shall not apply to a designated caregiver facility, or cannabis research
license holder as defined by this chapter.

6. If a certified patient wishes to change or terminate his or her
designated caregiver, for whatever reason, the certified patient shall
notify the office as soon as practicable. The office shall issue a
notification to the designated caregiver that their registration card is
invalid and must be promptly destroyed. The newly designated caregiver
must comply with all requirements set forth in this section.

7. If the certification so provides, the registry identification card
shall contain any recommendation or limitation by the practitioner as to
the form or forms of medical cannabis or dosage for the certified
patient.

8. The office shall issue separate registry identification cards for
certified patients and designated caregivers as soon as reasonably
practicable after receiving a complete application under this section,
unless it determines that the application is incomplete or factually
inaccurate, in which case it shall promptly notify the applicant.

9. If the application of a certified patient designates an individual
as a designated caregiver who is not authorized to be a designated
caregiver, that portion of the application shall be denied by the office
but that shall not affect the approval of the balance of the
application.

10. A registry identification card shall:

(a) contain the name of the certified patient or the designated
caregiver as the case may be;

(b) contain the date of issuance and expiration date of the registry
identification card;

(c) contain a registry identification number for the certified patient
or designated caregiver, as the case may be and a registry
identification number;

(d) contain a photograph of the individual to whom the registry
identification card is being issued, which shall be obtained by the
office in a manner specified by the board in regulations; provided,
however, that if the office requires certified patients to submit
photographs for this purpose, there shall be a reasonable accommodation
of certified patients who are confined to their homes due to their
medical conditions and may therefore have difficulty procuring
photographs;

(e) be a secure document as determined by the board;

(f) plainly state any recommendation or limitation by the practitioner
as to the form or forms of medical cannabis or dosage for the certified
patient; and

(g) any other requirements determined by the board.

11. A certified patient or designated caregiver who has been issued a
registry identification card shall notify the office of any change in
his or her name or address or, with respect to the patient, if he or she
ceases to have the condition noted on the certification within ten days
of such change. The certified patient's or designated caregiver's
registry identification card shall be deemed invalid and shall be
promptly destroyed.

12. If a certified patient or designated caregiver loses his or her
registry identification card, he or she shall notify the office within
ten days of losing the card. The office shall issue a new registry
identification card as soon as practicable, which may contain a new
registry identification number, to the certified patient or designated
caregiver, as the case may be.

13. The office shall maintain a confidential list of the persons to
whom it has issued registry identification cards. Individual identifying
information obtained by the office under this article shall be
confidential and exempt from disclosure under article six of the public
officers law.

14. The board shall verify to law enforcement personnel in an
appropriate case whether a registry identification card is valid and any
other relevant information necessary to protect patients' rights to
medical cannabis by confirming compliance with this article.

15. If a certified patient or designated caregiver willfully violates
any provision of this article as determined by the board, his or her
certification and registry identification card may be suspended or
revoked. This is in addition to any other penalty that may apply.

16. The board shall make regulations for special certifications, which
shall include expedited procedures and which may require the applicant
to submit additional documentation establishing the clinical basis for
the special certification. If the board has not established and made
available a form for a registry application or renewal application, then
in the case of a special certification, a registry application or
renewal application that otherwise conforms with the requirements of
this section shall not require the use of a form.