NY Pub Health L § 3363 (2021)
2021 New York Laws PBH - Public Health Article 33 - Controlled Substances Title 5-A - Medical Use of Marihuana 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