N.Y. Cannabis Law § 32: Validating medical cannabis certifications

§ 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.