N.Y. Cannabis Law § 30: Certification of patients

§ 30. Certification of patients. 1. A patient certification may only

be issued if:

(a) the patient has a condition, which shall be specified in the

patient's health care record;

(b) the practitioner by training or experience is qualified to treat

the condition;

(c) the patient is under the practitioner's continuing care for the

condition; and

(d) in the practitioner's professional opinion and review of past

treatments, the patient is likely to receive therapeutic or palliative

benefit from the primary or adjunctive treatment with medical use of

cannabis for the condition.

2. The certification shall include: (a) the name, date of birth and

address of the patient; (b) a statement that the patient has a condition

and the patient is under the practitioner's care for the condition; (c)

a statement attesting that all requirements of subdivision one of this

section have been satisfied; (d) the date; and (e) the name, address,

telephone number, and the signature of the certifying practitioner. The

board may require by regulation that the certification shall be on a

form provided by the office. The practitioner may state in the

certification that, in the practitioner's professional opinion, the

patient would benefit from medical cannabis only until a specified date.

The practitioner may state in the certification that, in the

practitioner's professional opinion, the patient is terminally ill and

that the certification shall not expire until the patient dies.

3. In making a certification, the practitioner may consider the form

of medical cannabis the patient should consume, including the method of

consumption and any particular strain, variety, and quantity or

percentage of cannabis or particular active ingredient, and appropriate

dosage. The practitioner may state in the certification any

recommendation or limitation the practitioner makes, in his or her

professional opinion, concerning the appropriate form or forms of

medical cannabis and dosage.

4. The practitioner shall give the certification to the certified

patient or the certified patient's designated caregiver, and place a

copy in the patient's health care record. Such certification shall

include information sufficient for a registered organization to confirm

that the certification is valid in accordance with section thirty-two of

this article and as determined by the board in regulation. The board

may, by rules and regulations, establish a code, including but not

limited to quick response (QR) code, for each practitioner to provide a

certified patient or their designated caregiver with, to present to a

registered organization to obtain medical cannabis or medical cannabis

products from a registered organization.

5. No practitioner shall issue a certification under this section for

themselves.

6. A certification shall expire two years after the date the

certification is signed by the practitioner, except as provided for in

subdivision seven of this section.

7. (a) The practitioner may state in the certification that, in the

practitioner's professional opinion, the patient would benefit from

medical cannabis only until a specified earlier date, upon which the

certification shall expire; (b) the practitioner may state on the

certification that the patient is terminally ill and the certification

will not expire until the patient dies; (c) the practitioner may reissue

the certification to terminate the certification on an earlier date; (d)

the certification may state any recommendation or limitation by the

practitioner as to the form or forms of medical cannabis or dosage for

the certified patient; (e) a practitioner may extend the expiration date

of a certification prior to the certification's expiration; (f) if a

certification has expired and the practitioner determines that the

patient would benefit from medical cannabis, the certification shall be

reissued; and (g) the board shall make regulations to implement this

subdivision.

8. Prior to issuing a certification a practitioner must complete

appropriate training as determined by the board in regulation. For the

purposes of this article a person's status as a practitioner is deemed

to be a "license" for the purposes of section thirty-three hundred

ninety of the public health law and shall be subject to the same

revocation process.