New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter XIII - Medical Use of Marihuana › Part 1004 - Medical Use of Marihuana › Section 1004.19 - Reporting requirements for registered practitioners, certified patients and designated caregivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				practitioner shall report to the department, in a manner determined by the
				department, the death of a certified patient or change in status of a serious
				condition involving a certified patient for whom the practitioner has issued a
				certification if such change may affect the patient's continued eligibility for
				certification for use of approved medical marihuana product. A practitioner
				shall report such death or change of status not more than five business days
				after the practitioner becomes aware of such fact.
(b) If a practitioner re-issues a patient's
				certification to terminate the certification on an earlier date, then the
				registry identification card shall expire on such earlier date and shall be
				promptly returned to the department by the certified patient or designated
				caregiver.
(c) A practitioner shall
				report patient adverse events to the department, in a manner determined by the
				department, not more than five business days after the practitioner becomes
				aware of such adverse event, except that serious adverse events shall be
				reported not more than one business day after the practitioner becomes aware of
				such adverse event.
(d) A certified
				patient or designated caregiver, who has been issued a registry identification
				card, shall notify the department of any change in the information provided to
				the department not later than 10 business days after such change. A certified
				patient or designated caregiver shall report changes that include, but are not
				limited to, a change in the certified patient's name, address, contact
				information, medical status. A certified patient or designated caregiver shall
				report such changes on a form, and in a manner, determined by the department.
				Should a certified patient cease to have the serious condition noted on his or
				her certification, the certified patient or designated caregiver shall notify
				the department of such within 10 days and the certified patient's and
				designated caregiver's registry identification cards shall be considered void
				and shall be returned promptly to the department.
(e) If a certified patient's or designated
				caregiver's appearance has substantially changed such that the photograph
				submitted to the department does not accurately resemble such certified patient
				or designated caregiver, such person shall submit, in a timely manner, an
				updated photograph that meets the requirements set forth by the
				department.
(f) If a certified
				patient has a designated caregiver, that designated caregiver may notify the
				department of any changes on behalf of the certified patient using the same
				forms and process prescribed for certified patients.
(g) If a certified patient or designated
				caregiver notifies the department of any change that results in information on
				the registry identification card being inaccurate or the photograph needing to
				be replaced, the certified patient or designated caregiver shall obtain a
				replacement registry identification card. The department shall thereafter issue
				the certified patient or designated caregiver a new registry identification
				card. Upon receipt of a new registry identification card, the certified patient
				or designated caregiver shall destroy in a non-recoverable manner the registry
				identification card that was replaced.
(h) If a certified patient or designated
				caregiver becomes aware of the loss, theft or destruction of the registry
				identification card of such certified patient or designated caregiver, the
				certified patient or designated caregiver shall notify the department, on a
				form and in a manner prescribed by the department, not later than 10 days of
				becoming aware of the loss, theft or destruction. The department shall
				inactivate the initial registry identification card upon receiving such notice
				and issue a replacement registry identification card upon receiving the
				applicable fee provided the applicant continues to satisfy the requirements of
				section
				3361 of the
				Public Health Law and section
				1004.3 of this Part. Prior to
				issuance of the first replacement registry identification card, a certified
				patient or designated caregiver shall submit to the department a fee of $25,
				transmitted in a fashion as determined by the department. For each subsequent
				replacement registry identification card a certified patient or designated
				caregiver shall submit to the department a fee of $50, transmitted in a fashion
				as determined by the department.
(i) If a certified patient wishes to change
				or terminate his or her designated caregiver, the certified patient shall
				notify the department, in a manner determined by the department, and shall
				notify his or her designated caregiver as soon as practicable.
(1) The department shall issue a
				notification, in a format determined by the department, to the designated
				caregiver and the certified patient that the designated caregiver's
				registration card is invalid.
(2)
				In the event that the designated caregiver has no other active certified
				patients, the designated caregiver's registration card must be returned to the
				department within 10 business days.
(3) In the event that the certified patient
				has selected another designated caregiver, the proposed designated caregiver
				must register with the department as defined in section
				1004.4 of this Part.