2023 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.