N.Y. CAN Law § 30 — New York Code / Act CAN / Article 3 / Section 30
Certification of patients
Status: in_force

§ 30. Certification of patients. 1. A patient certification may only\nbe issued if:\n  (a) the patient has a condition, which shall be specified in the\npatient's health care record;\n  (b) the practitioner by training or experience is qualified to treat\nthe condition;\n  (c) the patient is under the practitioner's continuing care for the\ncondition; and\n  (d) in the practitioner's professional opinion and review of past\ntreatments, the patient is likely to receive therapeutic or palliative\nbenefit from the primary or adjunctive treatment with medical use of\ncannabis for the condition.\n  2. The certification shall include: (a) the name, date of birth and\naddress of the patient; (b) a statement that the patient has a condition\nand the patient is under the practitioner's care for the condition; (c)\na statement attesting that all requirements of subdivision one of this\nsection have been satisfied; (d) the date; and (e) the name, address,\ntelephone number, and the signature of the certifying practitioner. The\nboard may require by regulation that the certification shall be on a\nform provided by the office. The practitioner may state in the\ncertification that, in the practitioner's professional opinion, the\npatient would benefit from medical cannabis only until a specified date.\nThe practitioner may state in the certification that, in the\npractitioner's professional opinion, the patient is terminally ill and\nthat the certification shall not expire until the patient dies.\n  3. In making a certification, the practitioner may consider the form\nof medical cannabis the patient should consume, including the method of\nconsumption and any particular strain, variety, and quantity or\npercentage of cannabis or particular active ingredient, and appropriate\ndosage. The practitioner may state in the certification any\nrecommendation or limitation the practitioner makes, in his or her\nprofessional opinion, concerning the appropriate form or forms of\nmedical cannabis and dosage.\n  4. The practitioner shall give the certification to the certified\npatient or the certified patient's designated caregiver, and place a\ncopy in the patient's health care record. Such certification shall\ninclude information sufficient for a registered organization to confirm\nthat the certification is valid in accordance with section thirty-two of\nthis article and as determined by the board in regulation. The board\nmay, by rules and regulations, establish a code, including but not\nlimited to quick response (QR) code, for each practitioner to provide a\ncertified patient or their designated caregiver with, to present to a\nregistered organization to obtain medical cannabis or medical cannabis\nproducts from a registered organization.\n  5. No practitioner shall issue a certification under this section for\nthemselves.\n  6. A certification shall expire two years after the date the\ncertification is signed by the practitioner, except as provided for in\nsubdivision seven of this section.\n  7. (a) The practitioner may state in the certification that, in the\npractitioner's professional opinion, the patient would benefit from\nmedical cannabis only until a specified earlier date, upon which the\ncertification shall expire; (b) the practitioner may state on the\ncertification that the patient is terminally ill and the certification\nwill not expire until the patient dies; (c) the practitioner may reissue\nthe certification to terminate the certification on an earlier date; (d)\nthe certification may state any recommendation or limitation by the\npractitioner as to the form or forms of medical cannabis or dosage for\nthe certified patient; (e) a practitioner may extend the expiration date\nof a certification prior to the certification's expiration; (f) if a\ncertification has expired and the practitioner determines that the\npatient would benefit from medical cannabis, the certification shall be\nreissued; and (g) the board shall make regulations to implement this\nsubdivision.\n  8. Prior to issuing a certification a practitioner must complete\nappropriate training as determined by the board in regulation. For the\npurposes of this article a person's status as a practitioner is deemed\nto be a "license" for the purposes of section thirty-three hundred\nninety of the public health law and shall be subject to the same\nrevocation process.\n