N.Y. CAN Law § 32 — New York Code / Act CAN / Article 3 / Section 32
Validating medical cannabis certifications
Status: in_force

§ 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