§ 32 — Registry identification cards

New York § 32

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

Text

* § 32. Registry identification cards. 1. Upon approval of the\ncertification, the office shall issue registry identification cards for\ncertified patients and designated caregivers. A registry identification\ncard shall expire as provided in this article or as otherwise provided\nin this section. The office shall begin issuing registry identification\ncards as soon as practicable after the certifications required by this\nchapter are granted. The office may specify a form for a registry\napplication, in which case the office shall provide the form on request,\nreproductions of the form may be used, and the form shall be available\nfor downloading from the board's or office's website.\n 2. To obtain, amend or renew a registry identification card, a\ncertified patient or designated caregiver shall file a registry\napplication with the office, unless otherwise exempted by the board in\nregulation. The registry application or renewal application shall\ninclude:\n (a) in the case of a certified patient:\n (i) the patient's certification, a new written certification shall be\nprovided with a renewal application if required by the office;\n (ii) the name, address, and date of birth of the patient;\n (iii) the date of the certification;\n (iv) if the patient has a registry identification card based on a\ncurrent valid certification, the registry identification number and\nexpiration date of that registry identification card;\n (v) the specified date until which the patient would benefit from\nmedical cannabis, if the certification states such a date;\n (vi) the name, address, and telephone number of the certifying\npractitioner;\n (vii) any recommendation or limitation by the practitioner as to the\nform or forms of medical cannabis or dosage for the certified patient;\n (viii) if the certified patient designates a designated caregiver, the\nname, address, and date of birth of the designated caregiver, and other\nindividual identifying information required by the board;\n (ix) if the designated caregiver is a cannabis research license holder\nunder this chapter, the name of the organization conducting the\nresearch, the address, phone number, name of the individual leading the\nresearch or appropriate designee, and other identifying information\nrequired by the board; and\n (x) other individual identifying information required by the office;\n (b) in the case of a designated caregiver:\n (i) the name, address, and date of birth of the designated caregiver;\n (ii) if the designated caregiver has a registry identification card,\nthe registry identification number and expiration date of that registry\nidentification card; and\n (iii) other individual identifying information required by the office;\n (c) a statement that a false statement made in the application is\npunishable under section 210.45 of the penal law;\n (d) the date of the application and the signature of the certified\npatient or designated caregiver, as the case may be;\n (e) any other requirements determined by the board.\n 3. Where a certified patient is under the age of eighteen or otherwise\nincapable of consent:\n (a) The application for a registry identification card shall be made\nby the person responsible for making health care decisions for the\npatient.\n (b) The designated caregiver shall be: (i) a parent or legal guardian\nof the certified patient; (ii) a person designated by a parent or legal\nguardian; (iii) an employee of a designated caregiver facility,\nincluding a cannabis research license holder; or (iv) an appropriate\nperson approved by the office upon a sufficient showing that no parent\nor legal guardian is appropriate or available.\n 4. No person may be a designated caregiver if the person is under\ntwenty-one years of age unless a sufficient showing is made to the\noffice that the person should be permitted to serve as a designated\ncaregiver. The requirements for such a showing shall be determined by\nthe board.\n 5. No person may be a designated caregiver for more than four\ncertified patients at one time; provided, however, that this limitation\nshall not apply to a designated caregiver facility, or cannabis research\nlicense holder as defined by this chapter.\n 6. If a certified patient wishes to change or terminate his or her\ndesignated caregiver, for whatever reason, the certified patient shall\nnotify the office as soon as practicable. The office shall issue a\nnotification to the designated caregiver that their registration card is\ninvalid and must be promptly destroyed. The newly designated caregiver\nmust comply with all requirements set forth in this section.\n 7. If the certification so provides, the registry identification card\nshall contain any recommendation or limitation by the practitioner as to\nthe form or forms of medical cannabis or dosage for the certified\npatient.\n 8. The office shall issue separate registry identification cards for\ncertified patients and designated caregivers as soon as reasonably\npracticable after receiving a complete application under this section,\nunless it determines that the application is incomplete or factually\ninaccurate, in which case it shall promptly notify the applicant.\n 9. If the application of a certified patient designates an individual\nas a designated caregiver who is not authorized to be a designated\ncaregiver, that portion of the application shall be denied by the office\nbut that shall not affect the approval of the balance of the\napplication.\n 10. A registry identification card shall:\n (a) contain the name of the certified patient or the designated\ncaregiver as the case may be;\n (b) contain the date of issuance and expiration date of the registry\nidentification card;\n (c) contain a registry identification number for the certified patient\nor designated caregiver, as the case may be and a registry\nidentification number;\n (d) contain a photograph of the individual to whom the registry\nidentification card is being issued, which shall be obtained by the\noffice in a manner specified by the board in regulations; provided,\nhowever, that if the office requires certified patients to submit\nphotographs for this purpose, there shall be a reasonable accommodation\nof certified patients who are confined to their homes due to their\nmedical conditions and may therefore have difficulty procuring\nphotographs;\n (e) be a secure document as determined by the board;\n (f) plainly state any recommendation or limitation by the practitioner\nas to the form or forms of medical cannabis or dosage for the certified\npatient; and\n (g) any other requirements determined by the board.\n 11. A certified patient or designated caregiver who has been issued a\nregistry identification card shall notify the office of any change in\nhis or her name or address or, with respect to the patient, if he or she\nceases to have the condition noted on the certification within ten days\nof such change. The certified patient's or designated caregiver's\nregistry identification card shall be deemed invalid and shall be\npromptly destroyed.\n 12. If a certified patient or designated caregiver loses his or her\nregistry identification card, he or she shall notify the office within\nten days of losing the card. The office shall issue a new registry\nidentification card as soon as practicable, which may contain a new\nregistry identification number, to the certified patient or designated\ncaregiver, as the case may be.\n 13. The office shall maintain a confidential list of the persons to\nwhom it has issued registry identification cards. Individual identifying\ninformation obtained by the office under this article shall be\nconfidential and exempt from disclosure under article six of the public\nofficers law.\n 14. The board shall verify to law enforcement personnel in an\nappropriate case whether a registry identification card is valid and any\nother relevant information necessary to protect patients' rights to\nmedical cannabis by confirming compliance with this article.\n 15. If a certified patient or designated caregiver willfully violates\nany provision of this article as determined by the board, his or her\ncertification and registry identification card may be suspended or\nrevoked. This is in addition to any other penalty that may apply.\n 16. The board shall make regulations for special certifications, which\nshall include expedited procedures and which may require the applicant\nto submit additional documentation establishing the clinical basis for\nthe special certification. If the board has not established and made\navailable a form for a registry application or renewal application, then\nin the case of a special certification, a registry application or\nrenewal application that otherwise conforms with the requirements of\nthis section shall not require the use of a form.\n * NB Effective until February 19, 2026\n * § 32. Validating medical cannabis certifications. 1. When presented\nwith a certification from a practitioner, registered organizations shall\nconfirm certifications and government-issued photo identifications,\npursuant to subdivision four of section thirty of this article, of\ncertified patients and designated caregivers upon the production of such\ndocumentation by the certified patient or designated caregiver as\ndetermined by the board in regulation.\n 2. Registered organizations shall validate patient certifications and\ndesignated caregiver registrations in a manner determined by the office.\nThe authorized representative of a registered organization shall\ndesignate and authorize specific employees to conduct the validation.\n (a) When dispensing medical cannabis, authorized registered\norganization employees shall not dispense any medical cannabis to a\ncertified patient or a designated caregiver unless the certified patient\nor designated caregiver presents to the authorized registered\norganization employee a valid certification from a practitioner and a\nvalid government-issued photo identification, which the authorized\nregistered organization employee shall use to validate that such person\nis eighteen years of age or older and capable of consent as documented\non the certification, provided that such valid government-issued photo\nidentification is issued by the commissioner of motor vehicles, a local\ngovernment agency within the state, the federal government, any United\nStates territory, commonwealth or possession, the District of Columbia,\na state government within the United States, or is a valid passport\nissued by the United States government or any other country, or is an\nidentification card issued by the armed forces of the United States.\n (b) The authorized representative of the registered organization shall\npromptly notify the office if at any time any unauthorized person\naccesses patient certification or designated caregiver data, if there is\nevidence of tampering or fraud, or any other circumstances as determined\nby the board in regulation.\n 2-a. A certified patient may designate a caregiver. The designation of\nthe caregiver and registration of the caregiver shall be determined by\nthe board in regulation. The designated caregiver application or renewal\napplication shall include:\n (a) the name, address, and date of birth of the designated caregiver,\nand other individual identifying information required by the board;\n (b) the name and date of birth for each certified patient the\ndesignated caregiver is designated to care for;\n (c) if the designated caregiver is a cannabis research license holder\nunder this chapter, the name of the organization conducting the\nresearch, the address, phone number, name of the individual leading the\nresearch or appropriate designee, and other identifying information\nrequired by the board;\n (d) a statement that a false statement made in the application is\npunishable under section 210.45 of the penal law;\n (e) the date of the application and the signature, which may be\nelectronic, of the designated caregiver; and\n (f) upon approval of the designated caregiver application, the office\nshall provide the designated caregiver with a code, including but not\nlimited to a quick response (QR) code, that the designated caregiver\nmust present to the registered organization when obtaining medical\ncannabis product or products.\n 3. Where a certified patient is under the age of eighteen or otherwise\nincapable of consent:\n (a) The certifying practitioner must obtain consent from the person\nlegally authorized to make health care decisions on behalf of the\npatient for the use of medical cannabis product or products and any\ndevice used for its administration.\n (b) At least one designated caregiver is required to be provided upon\ncertification of the patient. The designated caregiver shall be: (i) a\nparent or legal guardian of the certified patient; (ii) a person\ndesignated by a parent or legal guardian; (iii) an employee of a\ndesignated caregiver facility, including a cannabis research license\nholder; or (iv) an appropriate person approved by the office upon a\nsufficient showing that no parent or legal guardian is appropriate or\navailable.\n 4. No person may be a designated caregiver if the person is under\neighteen years of age unless a sufficient showing is made to the office\nthat the person should be permitted to serve as a designated caregiver.\nThe requirements for such a showing shall be determined by the board.\n 5. No person may be a designated caregiver for more than four\ncertified patients at one time; provided, however, that this limitation\nshall not apply to a designated caregiver facility, or cannabis research\nlicense holder as defined by this chapter.\n 6. If a certified patient wishes to change or terminate their\ndesignated caregiver, for whatever reason, the certified patient shall\nnotify the office as soon as practicable. The office shall issue a\nnotification in a manner determined by the office to the designated\ncaregiver that their registration is invalid and shall promptly remove\nsuch designated caregiver's registration from the registry. The newly\ndesignated caregiver must comply with all requirements set forth in this\nsection.\n 7. A certified patient shall notify their practitioner of any change\nin their name or address and the practitioner shall update the\ncertification accordingly.\n 8. A designated caregiver who has been issued a registration shall\nnotify the office of any change in their name or address in a manner\ndetermined by the office.\n 9. If a certified patient or designated caregiver willfully violates\nany provision of this article as determined by the board, their\ncertification, and in the case of the designated caregiver, their\nregistration may be suspended or revoked. This may be in addition to any\nother penalty that would apply.\n 10. The maintenance and access of records pertaining to\ncertifications, registrations, certified patients and designated\ncaregivers shall be in compliance with the federal health insurance\nportability and accountability act of 1996, and with all privacy and\nconfidentiality protections afforded to individuals under the law.\nInformation obtained by the office under this article shall be\nconfidential and exempt from disclosure under article six of the public\nofficers law.\n 11. Any practitioner or registered organization authorized\nrepresentative or employee who is found to have knowingly and\nfraudulently manipulated certified patient or designated caregiver\ninformation, or whose knowing and negligent behavior or knowing actions\ndirectly related to their duties pursuant to this section results in a\nserious threat to the health and safety of a certified patient or\npatients, is guilty of a class A misdemeanor. In the case that this\nmisdemeanor complaint has been filed against a practitioner, the board\nor office may additionally refer any relevant internal findings to the\ndepartment of health or the state education department if the board or\noffice concludes the violation may warrant professional disciplinary\nintervention.\n * NB Effective February 19, 2026\n