§ 30 — Certification of patients

New York § 30

• Jurisdiction: New York
• Law CAN: Cannabis
• Art. 3: Medical Cannabis

Text

§ 30. Certification of patients. 1. A patient certification may only\nbe issued if:\n (a) the patient has a condition, which shall be specified in the\npatient's health care record;\n (b) the practitioner by training or experience is qualified to treat\nthe condition;\n (c) the patient is under the practitioner's continuing care for the\ncondition; and\n (d) in the practitioner's professional opinion and review of past\ntreatments, the patient is likely to receive therapeutic or palliative\nbenefit from the primary or adjunctive treatment with medical use of\ncannabis for the condition.\n 2. The certification shall include: (a) the name, date of birth and\naddress of the patient; (b) a statement that the patient has a condition\nand the patient is under the practitioner's care for the condition; (c)\na statement attesting that all requirements of subdivision one of this\nsection have been satisfied; (d) the date; and (e) the name, address,\ntelephone number, and the signature of the certifying practitioner. The\nboard may require by regulation that the certification shall be on a\nform provided by the office. The practitioner may state in the\ncertification that, in the practitioner's professional opinion, the\npatient would benefit from medical cannabis only until a specified date.\nThe practitioner may state in the certification that, in the\npractitioner's professional opinion, the patient is terminally ill and\nthat the certification shall not expire until the patient dies.\n 3. In making a certification, the practitioner may consider the form\nof medical cannabis the patient should consume, including the method of\nconsumption and any particular strain, variety, and quantity or\npercentage of cannabis or particular active ingredient, and appropriate\ndosage. The practitioner may state in the certification any\nrecommendation or limitation the practitioner makes, in his or her\nprofessional opinion, concerning the appropriate form or forms of\nmedical cannabis and dosage.\n * 4. Every practitioner shall consult the prescription monitoring\nprogram registry prior to making or issuing a certification, for the\npurpose of reviewing a patient's controlled substance history. For\npurposes of this section, a practitioner may authorize a designee to\nconsult the prescription monitoring program registry on his or her\nbehalf, provided that such designation is in accordance with section\nthirty-three hundred forty-three-a of the public health law.\n * NB Effective until February 19, 2026\n *4. The practitioner shall give the certification to the certified\npatient or the certified patient's designated caregiver, and place a\ncopy in the patient's health care record. Such certification shall\ninclude information sufficient for a registered organization to confirm\nthat the certification is valid in accordance with section thirty-two of\nthis article and as determined by the board in regulation. The board\nmay, by rules and regulations, establish a code, including but not\nlimited to quick response (QR) code, for each practitioner to provide a\ncertified patient or their designated caregiver with, to present to a\nregistered organization to obtain medical cannabis or medical cannabis\nproducts from a registered organization.\n * NB Effective February 19, 2026\n * 5. The practitioner shall give the certification to the certified\npatient, and place a copy in the patient's health care record.\n * NB Effective until February 19, 2026\n * 5. No practitioner shall issue a certification under this section\nfor themselves.\n * NB Effective February 19, 2026\n * 6. No practitioner shall issue a certification under this section\nfor themselves.\n * NB Effective until February 19, 2026\n * 6. A certification shall expire two years after the date the\ncertification is signed by the practitioner, except as provided for in\nsubdivision seven of this section.\n * NB Effective February 19, 2026\n * 7. A registry identification card based on a certification shall\nexpire one year after the date the certification is signed by the\npractitioner, except as provided for in subdivision eight of this\nsection.\n * NB Effective until February 19, 2026\n * 7. (a) The practitioner may state in the certification that, in the\npractitioner's professional opinion, the patient would benefit from\nmedical cannabis only until a specified earlier date, upon which the\ncertification shall expire; (b) the practitioner may state on the\ncertification that the patient is terminally ill and the certification\nwill not expire until the patient dies; (c) the practitioner may reissue\nthe certification to terminate the certification on an earlier date; (d)\nthe certification may state any recommendation or limitation by the\npractitioner as to the form or forms of medical cannabis or dosage for\nthe certified patient; (e) a practitioner may extend the expiration date\nof a certification prior to the certification's expiration; (f) if a\ncertification has expired and the practitioner determines that the\npatient would benefit from medical cannabis, the certification shall be\nreissued; and (g) the board shall make regulations to implement this\nsubdivision.\n * NB Effective February 19, 2026\n * 8. (a) If the practitioner states in the certification that, in the\npractitioner's professional opinion, the patient would benefit from\nmedical cannabis only until a specified earlier date, then the registry\nidentification card shall expire on that date; (b) if the practitioner\nstates in the certification that in the practitioner's professional\nopinion the patient is terminally ill and that the certification shall\nnot expire until the patient dies, then the registry identification card\nshall state that the patient is terminally ill and that the registration\ncard shall not expire until the patient dies; (c) if the practitioner\nre-issues the certification to terminate the certification on an earlier\ndate, then the registry identification card shall expire on that date\nand shall be promptly destroyed by the certified patient; (d) if the\ncertification so provides, the registry identification card shall state\nany recommendation or limitation by the practitioner as to the form or\nforms of medical cannabis or dosage for the certified patient; and (e)\nthe board shall make regulations to implement this subdivision.\n * NB Effective until February 19, 2026\n * 8. Prior to issuing a certification a practitioner must complete\nappropriate training as determined by the board in regulation. For the\npurposes of this article a person's status as a practitioner is deemed\nto be a "license" for the purposes of section thirty-three hundred\nninety of the public health law and shall be subject to the same\nrevocation process.\n * NB Effective February 19, 2026\n * 9. (a) A certification may be a special certification if, in\naddition to the other requirements for a certification, the practitioner\ncertifies in the certification that the patient's condition is\nprogressive and degenerative or that delay in the patient's certified\nmedical use of cannabis poses a risk to the patient's life or health.\n (b) The office shall create the form to be used for a special\ncertification and shall make that form available to be downloaded from\nthe office's website.\n * NB Effective until February 19, 2026\n * 10. Prior to issuing a certification a practitioner must complete,\nat a minimum, a two-hour course as determined by the board in\nregulation. For the purposes of this article a person's status as a\npractitioner is deemed to be a "license" for the purposes of section\nthirty-three hundred ninety of the public health law and shall be\nsubject to the same revocation process.\n * NB Effective until February 19, 2026\n