NY Pub Health L § 3361 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 5-A - Medical Use of Marihuana 3361 - Certification of Patients.

* §  3361.  Certification  of patients. 1. A patient certification may only be issued if: (a) a  practitioner  has  been  registered  with  the department  to  issue a certification as determined by the commissioner; (b) the patient has a serious condition, which shall be specified in the patient's health care  record;  (c)  the  practitioner  by  training  or experience  is qualified to treat the serious condition; (d) the patient is under the practitioner's continuing care for the  serious  condition; and  (e)  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 marihuana for the serious 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 serious condition and the patient is  under  the  practitioner's  care  for  the serious  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, federal registration number, telephone number, and the  handwritten  signature  of  the  certifying  practitioner.  The commissioner  may  require by regulation that the certification shall be on a form provided by the department. The practitioner may state in  the certification  that,  in  the  practitioner's  professional opinion, the patient would benefit from medical  marihuana  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 shall consider the form of medical marihuana the patient should consume, including the method of consumption   and  any  particular  strain,  variety,  and  quantity  or percentage of marihuana or particular active ingredient, and appropriate dosage.  The  practitioner  shall  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 marihuana and dosage.   4.  Every  practitioner shall consult the prescription monitoring drug program registry prior to making or issuing  a  certification,  for  the purpose  of  reviewing  a  patient's  controlled  substance history. For purposes of this section, a practitioner may  authorize  a  designee  to consult  the  prescription  monitoring  program  registry  on his or her behalf, provided that such designation is  in  accordance  with  section thirty-three hundred forty-three-a of this article.   5.  The  practitioner  shall  give  the certification to the certified patient, and place a copy in the patient's health care record.   6. No practitioner shall issue a certification under this section  for himself or herself.   7.  A  registry  identification  card  based  on a certification shall expire one year after the  date  the  certification  is  signed  by  the practitioner.   8.  (a)  If  the practitioner states in the certification that, in the practitioner's professional opinion,  the  patient  would  benefit  from medical marihuana only until a specified earlier date, then the registry identification card shall expire on that date;  (b)  If  the  practitioner  states  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, then the registry  identification card shall state that the patient is terminally ill and that the registration card shall not expire  until  the  patient dies;  (c)  If  the practitioner re-issues the certification to terminate the certification on an earlier date, then the registry identification  card shall  expire  on  that  date  and  shall  be  promptly  returned by the certified patient to the department;  (d) If the certification so provides, the registry identification card shall  state  any recommendation or limitation by the practitioner as to the form or forms of medical  marihuana  or  dosage  for  the  certified patient; and  (e)   The  commissioner  shall  make  regulations  to  implement  this subdivision.   9.(a) A certification may be a special certification if,  in  addition to   the  other  requirements  for  a  certification,  the  practitioner certifies in the certification that the patient's serious  condition  is progressive  and  degenerative  or that delay in the patient's certified medical use of marihuana poses a serious risk to the patient's  life  or health.  (b)  The  department  shall  create  the form to be used for a special certification and shall make that form available to be  downloaded  from the department's website.   * 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