NY Cannabis § 32 (2021)
2021 New York Laws CAN - Cannabis Article 3 - Medical Cannabis 32 - Registry Identification Cards.

§   32.  Registry  identification  cards.  1.  Upon  approval  of  the certification, the office shall issue registry identification cards  for certified  patients and designated caregivers. A registry identification card shall expire as provided in this article or as  otherwise  provided in  this section. The office shall begin issuing registry identification cards as soon as practicable after the certifications required  by  this chapter  are  granted.  The  office  may  specify  a form for a registry application, in which case the office shall provide the form on request, reproductions of the form may be used, and the form shall  be  available for downloading from the board's or office'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 office, unless otherwise exempted by the board in regulation.  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 if required by the office;  (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 cannabis, if the certification states such a date;  (vi)  the  name,  address,  and  telephone  number  of  the certifying practitioner;  (vii) any recommendation or limitation by the practitioner as  to  the form or forms of medical cannabis or dosage for the certified patient;  (viii) if the certified patient designates a designated caregiver, the name,  address, and date of birth of the designated caregiver, and other individual identifying information required by the board;  (ix) 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; and  (x) other individual identifying information required by the office;  (b) 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 office;  (c)  a  statement  that  a  false statement made in the application is punishable under section 210.45 of the penal law;  (d) the date of the application and the  signature  of  the  certified patient or designated caregiver, as the case may be;  (e) any other requirements determined by the board.   3. Where a certified patient is under the age of eighteen or otherwise incapable of consent:  (a)  The  application for a registry identification card shall be made by the person responsible for  making  health  care  decisions  for  the patient.  (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;   (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 twenty-one 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 his or her designated caregiver, for whatever reason, the certified  patient  shall notify  the  office  as  soon  as  practicable. The office shall issue a notification to the designated caregiver that their registration card is invalid and must be promptly destroyed. 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  cannabis  or  dosage  for  the  certified patient.   8.  The  office 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 office 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 office  in  a  manner  specified  by the board in regulations; provided, however, that if  the  office  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 board;  (f) plainly state any recommendation or limitation by the practitioner as to the form or forms of medical cannabis or dosage for the  certified patient; and  (g) any other requirements determined by the board.   11.  A certified patient or designated caregiver who has been issued a registry identification card shall notify the office of  any  change  in his or her name or address or, with respect to the patient, if he or she ceases  to have the 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 promptly destroyed.   12.  If  a  certified patient or designated caregiver loses his or her registry identification card, he or she shall notify the  office  within ten  days  of  losing  the  card.  The office 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.   13. The office shall maintain a confidential list of  the  persons  to whom it has issued registry identification cards. Individual identifying information   obtained  by  the  office  under  this  article  shall  be confidential and exempt from disclosure under article six of the  public officers law.   14.  The  board  shall  verify  to  law  enforcement  personnel  in an appropriate case whether a registry identification card is valid and any other relevant information necessary  to  protect  patients'  rights  to medical cannabis by confirming compliance with this article.   15.  If a certified patient or designated caregiver willfully violates any provision of this article as determined by the  board,  his  or  her certification  and  registry  identification  card  may  be suspended or revoked. This is in addition to any other penalty that may apply.   16. The board 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 board has  not  established  and  made available a form for a registry application or renewal application, 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.