(d) possesses a valid registry identification card issued by the department pursuant to this article. (7) ‘Diversion’ means the obtaining or transferring of cannabis from a legal use or possession to an illegal use or possession by a person not authorized to use or possess cannabis pursuant to this article. (8) ‘Divert’ means an act that constitutes diversion. (9) ‘Medical certification’ means the written documentation submitted by a provider to a qualifying patient with whom the provider has a providerpatient relationship certifying that the patient has a qualifying medical condition that could benefit from the therapeutic use of cannabis for the purpose of obtaining a registry identification card from the department. (10) ‘Provider’ means: (a) a physician licensed to prescribe drugs pursuant to Chapter 47, Title 40 and who possesses a registration from the United States Drug Enforcement Administration to prescribe controlled substances; (b) an advanced practice registered nurse licensed pursuant to Chapter 33, Title 40; or (c) for a visiting qualifying patient, an individual licensed to prescribe drugs to humans in the state of the patient’s residence and who possesses a registration from the United States Drug Enforcement Administration to prescribe controlled substances. (11) ‘Providerpatient relationship’ means a providerpatient treatment or counseling relationship of at least three months as part of which the provider has conducted an inperson exam and taken a medical history of, provided a diagnosis to, and recommended a treatment plan for a patient relating to a qualifying medical condition; however, the requirement for a relationship of at least three months does not apply if the provider issues a medical certification that certifies that the onset of the patient’s qualifying medical condition occurred within the past three months, and the certifying provider is primarily responsible for the patient’s care related to the qualifying medical condition. (12) ‘Qualifying medical condition’ means: (a) cancer, glaucoma, positive status for human immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C currently receiving antiviral treatment, amyotrophic lateral sclerosis, muscular dystrophy, Crohn’s disease, agitation of Alzheimer’s disease, multiple sclerosis, chronic pancreatitis, spinal cord injury or disease, traumatic brain injury, or an injury that
(D) A qualifying patient may designate only one designated caregiver and one alternative treatment center at any given time. Violation of this subsection is a misdemeanor and, upon conviction, results in a fine of not more than one thousand dollars or imprisonment of not more than one year, or both. Section 44532290. The department shall create an application for the issuance of an initial and renewal registry identification card to a person applying as a designated caregiver. The application must require, at a minimum: (1) the person’s name, residential and mailing address, and date of birth; (2) a recent passportsized photograph of the person’s face; (3) the name, residential and mailing address, and date of birth of each qualifying patient for whom the person would be the designated caregiver, unless a qualifying patient is homeless in which case a residential address is not required; (4) the name and street address of the alternative treatment center designated by each qualifying patient, if any; and (5) a statement signed by the person agreeing to act as the designated caregiver for each qualifying patient named in the application and pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this article and acknowledging that the knowing diversion of cannabis is a felony which, upon conviction, results in: (a) revocation of the registry card; (b) a fine of not more than five thousand dollars or imprisonment of not more than five years, or both; and (c) the possibility of other penalties allowed pursuant to law. Section 44532300. (A) In order to be placed on the registry and receive a registry identification card as a designated caregiver, a person must: (1) be a resident of the State who is twentyone years or older; (2) submit an application pursuant to Section 44532290, along with a fee in an amount determined by the department; and (3) undergo a state and federal criminal background check for which the person must pay the costs. (B) A person is prohibited from serving as a designated caregiver if he has been convicted of or pled guilty or nolo contendere to a drugrelated offense under the laws of this or any other state or under the laws of the United States within the previous ten years. This subsection does not apply to a custodial parent or legal guardian