N.Y. Public Health Law § 3363: Registry identification cards

* § 3363. Registry identification cards. 1. Upon approval of the

certification, the department shall issue registry identification cards

for certified patients and designated caregivers. A registry

identification card shall expire as provided in section thirty-three

hundred sixty-one of this title or as otherwise provided in this

section. The department shall begin issuing registry identification

cards as soon as practicable after the certifications required by

section thirty-three hundred sixty-nine-b are granted. The department

may specify a form for a registry application, in which case the

department shall provide the form on request, reproductions of the form

may be used, and the form shall be available for downloading from the

department's website.

2. To obtain, amend or renew a registry identification card, a

certified patient or designated caregiver shall file a registry

application with the department. The registry application or renewal

application shall include:

(a) in the case of a certified patient:

(i) the patient's certification (a new written certification shall be

provided with a renewal application);

(ii) the name, address, and date of birth of the patient;

(iii) the date of the certification;

(iv) if the patient has a registry identification card based on a

current valid certification, the registry identification number and

expiration date of that registry identification card;

(v) the specified date until which the patient would benefit from

medical marihuana, if the certification states such a date;

(vi) the name, address, federal registration number, and telephone

number of the certifying practitioner;

(vii) any recommendation or limitation by the practitioner as to the

form or forms of medical marihuana or dosage for the certified patient;

and

(viii) other individual identifying information required by the

department;

(b) in the case of a certified patient, if the patient designates a

designated caregiver, the name, address, and date of birth of the

designated caregiver, and other individual identifying information

required by the department;

(c) in the case of a designated caregiver:

(i) the name, address, and date of birth of the designated caregiver;

(ii) if the designated caregiver has a registry identification card,

the registry identification number and expiration date of that registry

identification card; and

(iii) other individual identifying information required by the

department;

(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 of the certified

patient or designated caregiver, as the case may be;

(f) a fifty dollar application fee, provided, that the department may

waive or reduce the fee in cases of financial hardship; and

(g) any other requirements determined by the commissioner.

3. Where a certified patient is under the age of eighteen:

(a) The application for a registry identification card shall be made

by an appropriate person over twenty-one years of age. The application

shall state facts demonstrating that the person is appropriate.

(b) 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, or (iii) an appropriate person approved by the department 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

twenty-one years of age unless a sufficient showing is made to the

department that the person should be permitted to serve as a designated

caregiver. The requirements for such a showing shall be determined by

the commissioner.

5. No person may be a designated caregiver for more than five

certified patients at one time.

6. If a certified patient wishes to change or terminate his or her

designated caregiver, for whatever reason, the certified patient shall

notify the department as soon as practicable. The department shall issue

a notification to the designated caregiver that their registration card

is invalid and must be promptly returned to the department. The newly

designated caregiver must comply with all requirements set forth in this

section.

7. If the certification so provides, the registry identification card

shall contain any recommendation or limitation by the practitioner as to

the form or forms of medical marihuana or dosage for the certified

patient.

8. The department shall issue separate registry identification cards

for certified patients and designated caregivers as soon as reasonably

practicable after receiving a complete application under this section,

unless it determines that the application is incomplete or factually

inaccurate, in which case it shall promptly notify the applicant.

9. If the application of a certified patient designates an individual

as a designated caregiver who is not authorized to be a designated

caregiver, that portion of the application shall be denied by the

department but that shall not affect the approval of the balance of the

application.

10. A registry identification card shall:

(a) contain the name of the certified patient or the designated

caregiver as the case may be;

(b) contain the date of issuance and expiration date of the registry

identification card;

(c) contain a registry identification number for the certified patient

or designated caregiver, as the case may be and a registry

identification number;

(d) contain a photograph of the individual to whom the registry

identification card is being issued, which shall be obtained by the

department in a manner specified by the commissioner in regulations;

provided, however, that if the department requires certified patients to

submit photographs for this purpose, there shall be a reasonable

accommodation of certified patients who are confined to their homes due

to their medical conditions and may therefore have difficulty procuring

photographs;

(e) be a secure document as determined by the department;

(f) plainly state any recommendation or limitation by the practitioner

as to the form or forms of medical marihuana or dosage for the certified

patient; and

(g) any other requirements determined by the commissioner.

11. A certified patient or designated caregiver who has been issued a

registry identification card shall notify the department of any change

in his or her name or address or, with respect to the patient, if he or

she ceases to have the serious condition noted on the certification

within ten days of such change. The certified patient's or designated

caregiver's registry identification card shall be deemed invalid and

shall be returned promptly to the department.

12. If a certified patient or designated caregiver loses his or her

registry identification card, he or she shall notify the department and

submit a twenty-five dollar fee within ten days of losing the card to

maintain the registration. The department may establish higher fees for

issuing a new registry identification card for second and subsequent

replacements for a lost card, provided, that the department may waive or

reduce the fee in cases of financial hardship. The department shall

issue a new registry identification card as soon as practicable, which

may contain a new registry identification number, to the certified

patient or designated caregiver, as the case may be. The certified

patient or designated caregiver shall not be able to obtain medical

marihuana until the certified patient receives a new card.

13. The department shall maintain a confidential list of the persons

to whom it has issued registry identification cards. Individual

identifying information obtained by the department under this title

shall be confidential and exempt from disclosure under article six of

the public officers law. Notwithstanding this subdivision, the

department may notify any appropriate law enforcement agency of

information relating to any violation or suspected violation of this

title.

14. The department shall verify to law enforcement personnel in an

appropriate case whether a registry identification card is valid.

15. If a certified patient or designated caregiver willfully violates

any provision of this title as determined by the department, his or her

registry identification card may be suspended or revoked. This is in

addition to any other penalty that may apply.

16. The commissioner shall make regulations for special

certifications, which shall include expedited procedures and which may

require the applicant to submit additional documentation establishing

the clinical basis for the special certification. If the department has

not established and made available a form for a registry application or

renewal application and determined the application fee if any, or

established and made available a form for a registry application or

renewal application and determined the application fee for a special

certification, then in the case of a special certification, a registry

application or renewal application that otherwise conforms with the

requirements of this section shall not require the use of a form or the

payment of an application fee.

* NB Repealed July 5, 2028 and Repealed 6 months after the full

cannabis control board created by Article 2 of the cannabis law has been

appointed