Legislation
SECTION 32
Validating medical cannabis certifications
Cannabis (CAN) CHAPTER 7-A, ARTICLE 3
§ 32. Validating medical cannabis certifications. 1. When presented
with a certification from a practitioner, registered organizations shall
confirm certifications and government-issued photo identifications,
pursuant to subdivision four of section thirty of this article, of
certified patients and designated caregivers upon the production of such
documentation by the certified patient or designated caregiver as
determined by the board in regulation.
2. Registered organizations shall validate patient certifications and
designated caregiver registrations in a manner determined by the office.
The authorized representative of a registered organization shall
designate and authorize specific employees to conduct the validation.
(a) When dispensing medical cannabis, authorized registered
organization employees shall not dispense any medical cannabis to a
certified patient or a designated caregiver unless the certified patient
or designated caregiver presents to the authorized registered
organization employee a valid certification from a practitioner and a
valid government-issued photo identification, which the authorized
registered organization employee shall use to validate that such person
is eighteen years of age or older and capable of consent as documented
on the certification, provided that such valid government-issued photo
identification is issued by the commissioner of motor vehicles, a local
government agency within the state, the federal government, any United
States territory, commonwealth or possession, the District of Columbia,
a state government within the United States, or is a valid passport
issued by the United States government or any other country, or is an
identification card issued by the armed forces of the United States.
(b) The authorized representative of the registered organization shall
promptly notify the office if at any time any unauthorized person
accesses patient certification or designated caregiver data, if there is
evidence of tampering or fraud, or any other circumstances as determined
by the board in regulation.
2-a. A certified patient may designate a caregiver. The designation of
the caregiver and registration of the caregiver shall be determined by
the board in regulation. The designated caregiver application or renewal
application shall include:
(a) the name, address, and date of birth of the designated caregiver,
and other individual identifying information required by the board;
(b) the name and date of birth for each certified patient the
designated caregiver is designated to care for;
(c) 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;
(d) a statement that a false statement made in the application is
punishable under section 210.45 of the penal law;
(e) the date of the application and the signature, which may be
electronic, of the designated caregiver; and
(f) upon approval of the designated caregiver application, the office
shall provide the designated caregiver with a code, including but not
limited to a quick response (QR) code, that the designated caregiver
must present to the registered organization when obtaining medical
cannabis product or products.
3. Where a certified patient is under the age of eighteen or otherwise
incapable of consent:
(a) The certifying practitioner must obtain consent from the person
legally authorized to make health care decisions on behalf of the
patient for the use of medical cannabis product or products and any
device used for its administration.
(b) At least one designated caregiver is required to be provided upon
certification of the patient. 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
eighteen 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 their
designated caregiver, for whatever reason, the certified patient shall
notify the office as soon as practicable. The office shall issue a
notification in a manner determined by the office to the designated
caregiver that their registration is invalid and shall promptly remove
such designated caregiver's registration from the registry. The newly
designated caregiver must comply with all requirements set forth in this
section.
7. A certified patient shall notify their practitioner of any change
in their name or address and the practitioner shall update the
certification accordingly.
8. A designated caregiver who has been issued a registration shall
notify the office of any change in their name or address in a manner
determined by the office.
9. If a certified patient or designated caregiver willfully violates
any provision of this article as determined by the board, their
certification, and in the case of the designated caregiver, their
registration may be suspended or revoked. This may be in addition to any
other penalty that would apply.
10. The maintenance and access of records pertaining to
certifications, registrations, certified patients and designated
caregivers shall be in compliance with the federal health insurance
portability and accountability act of 1996, and with all privacy and
confidentiality protections afforded to individuals under the law.
Information obtained by the office under this article shall be
confidential and exempt from disclosure under article six of the public
officers law.
11. Any practitioner or registered organization authorized
representative or employee who is found to have knowingly and
fraudulently manipulated certified patient or designated caregiver
information, or whose knowing and negligent behavior or knowing actions
directly related to their duties pursuant to this section results in a
serious threat to the health and safety of a certified patient or
patients, is guilty of a class A misdemeanor. In the case that this
misdemeanor complaint has been filed against a practitioner, the board
or office may additionally refer any relevant internal findings to the
department of health or the state education department if the board or
office concludes the violation may warrant professional disciplinary
intervention.
with a certification from a practitioner, registered organizations shall
confirm certifications and government-issued photo identifications,
pursuant to subdivision four of section thirty of this article, of
certified patients and designated caregivers upon the production of such
documentation by the certified patient or designated caregiver as
determined by the board in regulation.
2. Registered organizations shall validate patient certifications and
designated caregiver registrations in a manner determined by the office.
The authorized representative of a registered organization shall
designate and authorize specific employees to conduct the validation.
(a) When dispensing medical cannabis, authorized registered
organization employees shall not dispense any medical cannabis to a
certified patient or a designated caregiver unless the certified patient
or designated caregiver presents to the authorized registered
organization employee a valid certification from a practitioner and a
valid government-issued photo identification, which the authorized
registered organization employee shall use to validate that such person
is eighteen years of age or older and capable of consent as documented
on the certification, provided that such valid government-issued photo
identification is issued by the commissioner of motor vehicles, a local
government agency within the state, the federal government, any United
States territory, commonwealth or possession, the District of Columbia,
a state government within the United States, or is a valid passport
issued by the United States government or any other country, or is an
identification card issued by the armed forces of the United States.
(b) The authorized representative of the registered organization shall
promptly notify the office if at any time any unauthorized person
accesses patient certification or designated caregiver data, if there is
evidence of tampering or fraud, or any other circumstances as determined
by the board in regulation.
2-a. A certified patient may designate a caregiver. The designation of
the caregiver and registration of the caregiver shall be determined by
the board in regulation. The designated caregiver application or renewal
application shall include:
(a) the name, address, and date of birth of the designated caregiver,
and other individual identifying information required by the board;
(b) the name and date of birth for each certified patient the
designated caregiver is designated to care for;
(c) 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;
(d) a statement that a false statement made in the application is
punishable under section 210.45 of the penal law;
(e) the date of the application and the signature, which may be
electronic, of the designated caregiver; and
(f) upon approval of the designated caregiver application, the office
shall provide the designated caregiver with a code, including but not
limited to a quick response (QR) code, that the designated caregiver
must present to the registered organization when obtaining medical
cannabis product or products.
3. Where a certified patient is under the age of eighteen or otherwise
incapable of consent:
(a) The certifying practitioner must obtain consent from the person
legally authorized to make health care decisions on behalf of the
patient for the use of medical cannabis product or products and any
device used for its administration.
(b) At least one designated caregiver is required to be provided upon
certification of the patient. 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
eighteen 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 their
designated caregiver, for whatever reason, the certified patient shall
notify the office as soon as practicable. The office shall issue a
notification in a manner determined by the office to the designated
caregiver that their registration is invalid and shall promptly remove
such designated caregiver's registration from the registry. The newly
designated caregiver must comply with all requirements set forth in this
section.
7. A certified patient shall notify their practitioner of any change
in their name or address and the practitioner shall update the
certification accordingly.
8. A designated caregiver who has been issued a registration shall
notify the office of any change in their name or address in a manner
determined by the office.
9. If a certified patient or designated caregiver willfully violates
any provision of this article as determined by the board, their
certification, and in the case of the designated caregiver, their
registration may be suspended or revoked. This may be in addition to any
other penalty that would apply.
10. The maintenance and access of records pertaining to
certifications, registrations, certified patients and designated
caregivers shall be in compliance with the federal health insurance
portability and accountability act of 1996, and with all privacy and
confidentiality protections afforded to individuals under the law.
Information obtained by the office under this article shall be
confidential and exempt from disclosure under article six of the public
officers law.
11. Any practitioner or registered organization authorized
representative or employee who is found to have knowingly and
fraudulently manipulated certified patient or designated caregiver
information, or whose knowing and negligent behavior or knowing actions
directly related to their duties pursuant to this section results in a
serious threat to the health and safety of a certified patient or
patients, is guilty of a class A misdemeanor. In the case that this
misdemeanor complaint has been filed against a practitioner, the board
or office may additionally refer any relevant internal findings to the
department of health or the state education department if the board or
office concludes the violation may warrant professional disciplinary
intervention.