New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle B - Division of Alcoholic Beverage Control › Chapter II - Rules of the Office of Cannabis Management › Part 113 - Medical Cannabis › Section 113.3 - Practitioner Issuance of Certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirements for Patient Certification. A
				  practitioner who is eligible pursuant to 113.2 of this Part may issue a
				  certification for the use of medical cannabis by a qualifying patient subject
				  to completion of subdivision (k) of this section. Such certification shall
				  contain:
(1) the practitioner's name, business
				  address, telephone number and email address;
(2) the practitioner's license number as
				  issued by the New York State Department of Education;
(3) the practitioner's Drug Enforcement
				  Administration registration number for prescribing controlled substances in New
				  York State;
(4) a statement that
				  the practitioner is licensed and in good standing in New York State and
				  possesses an active registration with the Drug Enforcement Administration for
				  prescribing controlled substances in New York State;
(5) a statement that the practitioner is
				  caring for the patient in relation to the patient's condition;
(6) the patient's name, date of birth,
				  residential address, telephone number and email address, if
				  available;
(7) the patient's
				  condition, which may include any of the condition(s) listed below:
(i) cancer;
(ii) positive status for human
				  immunodeficiency virus or acquired immune deficiency syndrome, provided that
				  the practitioner has obtained the patient's consent for disclosure of this
				  information that meets the requirements set forth in section 2782  of the Public
				  Health Law;
(iii) amyotrophic
				  lateral sclerosis;
(iv) Parkinson's
				  disease;
(v) multiple
				  sclerosis;
(vi) damage to the
				  nervous tissue of the spinal cord with objective neurological indication of
				  intractable spasticity;
(vii)
				  epilepsy;
(viii) inflammatory bowel
				  disease;
(ix)
				  neuropathies;
(x) Huntington's
				  disease;
(xi) post-traumatic stress
				  disorder;
(xii) pain that degrades
				  health and functional capability where the use of medical cannabis is an
				  alternative to opioid use;
(xiii)
				  substance use disorder;
(xiv)
				  Alzheimer's disease;
(xv) muscular
				  dystrophy;
(xvi)
				  dystonia;
(xvii) rheumatoid
				  arthritis;
(xviii) autism;
				  or
(xix) any other condition
				  certified by the practitioner.
(8) a statement that by training or
				  experience, the practitioner is qualified to treat the condition, listed
				  pursuant to paragraph (7) of this subdivision;
(9) a statement that, 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 cannabis for the condition;
(10) any recommendations or limitations the
				  practitioner makes to the certified patient or the patient's designated
				  caregiver;
(11) to the extent that
				  a practitioner seeks to authorize the use of medical cannabis by a patient who
				  temporarily resides in New York State for the purpose of receiving care and
				  treatment from the practitioner, the practitioner shall so state on the
				  patient's certification; and
(12)
				  the practitioner's signature and date upon the certification and a signed
				  certification provided to the patient.