§ 3363 — Registry identification cards

New York § 3363

• Jurisdiction: New York
• Law PBH: Public Health
• Title 5-A: Medical Use of Marihuana
• Art. 33: Controlled Substances

Text

* § 3363. Registry identification cards. 1. Upon approval of the\ncertification, the department shall issue registry identification cards\nfor certified patients and designated caregivers. A registry\nidentification card shall expire as provided in section thirty-three\nhundred sixty-one of this title or as otherwise provided in this\nsection. The department shall begin issuing registry identification\ncards as soon as practicable after the certifications required by\nsection thirty-three hundred sixty-nine-b are granted. The department\nmay specify a form for a registry application, in which case the\ndepartment shall provide the form on request, reproductions of the form\nmay be used, and the form shall be available for downloading from the\ndepartment'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 department. The registry application or renewal\napplication shall include:\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);\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 marihuana, if the certification states such a date;\n (vi) the name, address, federal registration number, and telephone\nnumber of the certifying practitioner;\n (vii) any recommendation or limitation by the practitioner as to the\nform or forms of medical marihuana or dosage for the certified patient;\nand\n (viii) other individual identifying information required by the\ndepartment;\n (b) in the case of a certified patient, if the patient designates a\ndesignated caregiver, the name, address, and date of birth of the\ndesignated caregiver, and other individual identifying information\nrequired by the department;\n (c) 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\ndepartment;\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 of the certified\npatient or designated caregiver, as the case may be;\n (f) a fifty dollar application fee, provided, that the department may\nwaive or reduce the fee in cases of financial hardship; and\n (g) any other requirements determined by the commissioner.\n 3. Where a certified patient is under the age of eighteen:\n (a) The application for a registry identification card shall be made\nby an appropriate person over twenty-one years of age. The application\nshall state facts demonstrating that the person is appropriate.\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, or (iii) an appropriate person approved by the department upon\na sufficient 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\ntwenty-one years of age unless a sufficient showing is made to the\ndepartment that the person should be permitted to serve as a designated\ncaregiver. The requirements for such a showing shall be determined by\nthe commissioner.\n 5. No person may be a designated caregiver for more than five\ncertified patients at one time.\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 department as soon as practicable. The department shall issue\na notification to the designated caregiver that their registration card\nis invalid and must be promptly returned to the department. The newly\ndesignated caregiver must comply with all requirements set forth in this\nsection.\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 marihuana or dosage for the certified\npatient.\n 8. The department shall issue separate registry identification cards\nfor certified 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\ndepartment but 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\ndepartment in a manner specified by the commissioner in regulations;\nprovided, however, that if the department requires certified patients to\nsubmit photographs for this purpose, there shall be a reasonable\naccommodation of certified patients who are confined to their homes due\nto their medical conditions and may therefore have difficulty procuring\nphotographs;\n (e) be a secure document as determined by the department;\n (f) plainly state any recommendation or limitation by the practitioner\nas to the form or forms of medical marihuana or dosage for the certified\npatient; and\n (g) any other requirements determined by the commissioner.\n 11. A certified patient or designated caregiver who has been issued a\nregistry identification card shall notify the department of any change\nin his or her name or address or, with respect to the patient, if he or\nshe ceases to have the serious condition noted on the certification\nwithin ten days of such change. The certified patient's or designated\ncaregiver's registry identification card shall be deemed invalid and\nshall be returned promptly to the department.\n 12. If a certified patient or designated caregiver loses his or her\nregistry identification card, he or she shall notify the department and\nsubmit a twenty-five dollar fee within ten days of losing the card to\nmaintain the registration. The department may establish higher fees for\nissuing a new registry identification card for second and subsequent\nreplacements for a lost card, provided, that the department may waive or\nreduce the fee in cases of financial hardship. The department shall\nissue a new registry identification card as soon as practicable, which\nmay contain a new registry identification number, to the certified\npatient or designated caregiver, as the case may be. The certified\npatient or designated caregiver shall not be able to obtain medical\nmarihuana until the certified patient receives a new card.\n 13. The department shall maintain a confidential list of the persons\nto whom it has issued registry identification cards. Individual\nidentifying information obtained by the department under this title\nshall be confidential and exempt from disclosure under article six of\nthe public officers law. Notwithstanding this subdivision, the\ndepartment may notify any appropriate law enforcement agency of\ninformation relating to any violation or suspected violation of this\ntitle.\n 14. The department shall verify to law enforcement personnel in an\nappropriate case whether a registry identification card is valid.\n 15. If a certified patient or designated caregiver willfully violates\nany provision of this title as determined by the department, his or her\nregistry identification card may be suspended or revoked. This is in\naddition to any other penalty that may apply.\n 16. The commissioner shall make regulations for special\ncertifications, which shall include expedited procedures and which may\nrequire the applicant to submit additional documentation establishing\nthe clinical basis for the special certification. If the department has\nnot established and made available a form for a registry application or\nrenewal application and determined the application fee if any, or\nestablished and made available a form for a registry application or\nrenewal application and determined the application fee for a special\ncertification, then in the case of a special certification, a registry\napplication or renewal application that otherwise conforms with the\nrequirements of this section shall not require the use of a form or the\npayment of an application fee.\n * NB Repealed July 5, 2028 and Repealed 6 months after the full\ncannabis control board created by Article 2 of the cannabis law has been\nappointed\n