2023 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