New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter XIII - Medical Use of Marihuana › Part 1004 - Medical Use of Marihuana › Section 1004.2 - Practitioner issuance of certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Requirements for Patient
				Certification.
A practitioner who is registered pursuant to 1004.1 of
				this part may issue a certification for the use of an approved medical
				marihuana product by a qualifying patient subject to completion of subdivision
				(e) 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;
(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;
(5) a statement that the practitioner is
				registered with the department to issue the certification;
(6) a statement that the practitioner is
				caring for the patient in relation to the patient's serious
				condition;
(7) the patient's name,
				date of birth, address, telephone number and email address if
				available;
(8) the patient's
				diagnosis, limited solely to the specific severe debilitating or
				life-threatening condition(s) listed below;
(i) cancer;
(ii) positive status for human
				immunodeficiency virus or acquired immune deficiency syndrome, provided that
				the practitioner has obtained from the patient consent for disclosure of this
				information that meets the requirements set forth in sections
				2780 and
				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) any severe
				debilitating pain that the practitioner determines degrades health and
				functional capability; where the patient has contraindications, has experienced
				intolerable side effects, or has experienced failure of one or more previously
				tried therapeutic options; and where there is documented medical evidence of
				such pain having lasted three months or more beyond onset, or the practitioner
				reasonably anticipates such pain to last three months or more beyond
				onset;
(xii)
post-traumatic
				stress disorder
;
(xiii)
				pain that degrades health and functional capability where the use of medical
				marihuana is an alternative to opioid use, provided that the precise underlying
				condition is expressly stated on the patient's certification; or
(xiv) substance use disorder; or
(xv) any other condition added by the
				commissioner.
(9) The
				condition or symptom that is clinically associated with, or is a complication
				of the severe debilitating or life-threatening condition listed in paragraph
				(8) of this subdivision. Clinically associated conditions, symptoms or
				complications, as defined in subdivision seven of section
				thirty-three hundred
				sixty of the public health law are limited solely to:
(i) Cachexia or wasting syndrome;
(ii) severe or chronic pain resulting in
				substantial limitation of function;
(iii) severe nausea;
(iv) seizures;
(v) severe or persistent muscle
				spasms;
(vi) post-traumatic stress
				disorder;
(vii) opioid use
				disorder; or
(viii) such other
				conditions, symptoms or complications as added by the
				commissioner.
(10) a
				statement that by training or experience, the practitioner is qualified to
				treat the serious condition, which encompasses the severe debilitating or
				life-threatening condition listed pursuant to paragraph (8) of this subdivision
				and the clinically associated condition, symptom or complication listed
				pursuant to paragraph (9) of this subdivision;
(i) for purposes of this subdivision, a
				practitioner must hold a federal Drug Addiction Treatment Act of 2000 (DATA
				2000) waiver to be qualified to treat patients with substance use disorder or
				opioid use disorder.
(11)
				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 marihuana for the serious
				condition;
(12) any recommendations
				or limitations the practitioner makes to the certified patient and/or the
				patient's designated caregiver concerning:
(i) the authorized brand, authorized form,
				administration method, dosage and any limitations in the use of the approved
				medical marihuana product; and
(ii)
				the total amount of usable approved medical marihuana product that may be
				dispensed to the patient, in measurable controlled doses, which shall not
				exceed a 30 day supply, if used as directed;
(13) a statement that the practitioner has
				explained the potential risks and benefits of the use of medical marihuana to
				the qualifying patient and has documented in the patient's medical record that
				such explanation has been provided to the patient;
(14) to the extent that a practitioner is
				seeking to authorize the use of an approved medical marihuana product by a
				patient who is under the age of 18 or a person who is otherwise incapable of
				consenting to medical treatment, the practitioner shall explain the potential
				risks and benefits of medical marihuana to the patient's parent or legal
				guardian, and if appropriate, to the minor patient. The practitioner shall
				document in the patient's medical record that such explanation has been
				provided as required herein; and
(15) a statement that the patient, or the
				patient's parent or legal guardian if applicable, has provided informed
				consent; and.
(16) to the extent
				that a practitioner seeks to authorize the use of an approved medical marihuana
				product 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.