Current through Register Vol. 42, No. 5, February 29, 2024
(1) To
qualify for placement on the registry, a prospective patient must:
(a) Be an Alabama resident.
(b) Establish and maintain a bona fide
physician-patient relationship with a registered certifying physician who
(acting individually or through a designated representative) shall submit a
complete patient registration submission.
(c) Become certified by a registered
certifying physician who has diagnosed or confirmed a qualifying condition and
has recommended the patient's use of medical cannabis.
(d) Consent to treatment with medical
cannabis. If the patient is a minor or individual with a court-appointed legal
guardian, the prospective patient's parent or legal guardian shall consent to
treatment with medical cannabis.
(e) Remit to the Commission the application
fee as set by the Commission.
(2) Only a patient, a patient's caregiver, or
a registered certifying physician with whom a prospective patient has a bona
fide physician-patient relationship (acting individually or through the
physician's designated representative) shall submit the patient registration.
For a registration submission related to a patient who is 19 years of age or
older to be considered complete, a completed certification from a registered
certifying physician, applicable patient registration fee, and the following
items must be submitted to the Patient Registry, notwithstanding but in
addition to any that may otherwise be required by the Board of Medical
Examiners:
(a) Patient's full name,
residential address, telephone number, date of birth, and electronic mailing
address.
(b) If applicable,
caregiver's full name, residential address, telephone number, date of birth,
and electronic mailing address.
(c)
Patient's government-issued identification (such as a driver's license, Alabama
Identification Card or Social Security Card). Patients must present a
registered certifying physician with an unexpired driver's license, unexpired
Alabama Identification Card, unexpired passport, Social Security Card, Birth
Certificate, or other documentation proving identity as may be approved by the
Commission.
(d) A digital color
photograph of the patient taken no more than 30 days prior to submission of the
patient registration.
(e)
Registered certifying physician's full name (first name and last name);
specialty; professional entity or affiliation, if any; business street address;
telephone number; and email address.
(f) Registered certifying physician's Alabama
Medical Cannabis Certification Permit Identification Number and medical license
number issued by the State Board of Medical Examiners.
(g) Date medical cannabis certification was
issued by the registered certifying physician.
(h) Indication whether the certification is
new or a renewal.
(i) The following
written attestations of the prospective patient or caregiver:
1. That the registered certifying physician
has explained the possible risks and benefits associated with the use of
medical cannabis;
2. That the
registered certifying physician has obtained the patient's or caregiver's
consent to treatment with medical cannabis; and
3. That the patient has agreed to comply with
the provisions of the Act and this Chapter.
(j) The following written attestations of the
registered certifying physician:
1. That the
prospective patient has a bona-fide patient-physician relationship with, and is
currently under the care of, the registered certifying physician;
2. That the prospective patient has a
qualifying medical condition under the Act; naming the condition; and if a
terminal illness, specifying the terminal illness;
3. That conventional medical treatment or
therapy has failed (as defined further below), or that use of cannabis is the
standard of care under the circumstances;
4. That the patient is suitable to receive
treatment or therapy through the use of medical cannabis;
5. That the registered certifying physician
has complied with all requirements imposed by the Rules promulgated by the
State Board of Medical Examiners; and
6. That the patient or caregiver has provided
voluntary informed written consent as to the following matters required by
§
20-2A-33
{5),
Code of Ala. 1975, (as amended):
(i) The federal and state classification of
cannabis as a Schedule I controlled substance.
(ii) The approval and oversight status of
cannabis by the Food and Drug Administration.
(iii) The current state of research on the
efficacy of cannabis to treat the qualifying medical condition or
conditions.
(iv) The potential for
addiction.
(v) The potential effect
that cannabis may have on a patient's coordination, motor skills, and
cognition, including a warning against operating heavy machinery, operating a
motor vehicle, or engaging in activities that require an individual to be alert
or respond quickly.
(vi) The
potential side effect of cannabis use.
(vii) The risks, benefits, and drug
interactions of cannabis.
(viii) A
statement that the use of medical cannabis could result in termination from
employment without recourse and those costs may not be covered by insurance or
government programs.
(ix) That the
patient's de-identified health information contained in the patient's medical
record, patient registry may be used for research purposes or used to monitor
compliance with this Chapter, as further provided in §
20-2A-35
(c}, Code of Ala. 1975, (as
amended).
(k)
Such other information as the Commission may reasonably require, as set forth
on the patient registry form.
(3) If a prospective patient is younger than
19 years of age or has a court-appointed legal guardian, a patient registration
submission is incomplete unless it is accompanied by a caregiver registration
submission in accordance with the Act and this Chapter. Patients who become 19
years of age while their prior registration remains valid may apply for a new
registration either immediately or in accordance with the renewal process under
paragraph 9. of this rule. A submission from a patient that includes all
information found in paragraph 2. of this rule shall be considered
complete.
(4) A complete patient
registration submission must be received by the Commission within 60 calendar
days of the date of certification by the registered certifying physician.
Failure to comply with this requirement results in a "stale registration" as
defined in this Chapter and renders the recommendation void.
(5) If a registration submission is
determined to be inaccurate or incomplete, the Commission shall note a
deficiency on the patient registry and send the prospective patient notice of
the deficiency. If the deficiency is not corrected within 60 calendar days from
the date the registration was submitted, the lack of progress on the submission
results in a "stale registration" as defined in this Chapter and renders the
recommendation void.
(6)
Prospective patients must provide proof of Alabama residency to their
registered certifying physician or the physician's representative during the
registration submission process. Proof of Alabama residency shall include one
of the following:
(a) The prospective
patient's unexpired Alabama driver's license;
(b) The prospective patient's unexpired
Alabama identification card issued by the Alabama Law Enforcement Agency
(ALEA);
(c) The prospective
patient's unexpired United States Passport demonstrating Alabama
residency;
(d) A current
certificate of enrollment from a qualified Alabama public or private
educational institution; or
(e) Any
other identification (e.g., military I.D.), proving Alabama residency as
approved by the Commission.
(7) A patient registration shall be valid
from the date of issuance and expire one year later.
(8) The Commission shall send a notification
to each patient 45 calendar days before the expiration date on the patient's
medical cannabis card.
(9) To
maintain a valid patient registration, a patient must annually renew, before
the expiration date stated on the patient's medical cannabis card. Renewal
submissions, fees, and required documentation must be submitted not less than
14 calendar days before the expiration date on the patient's medical cannabis
card. Failure to renew a patient registration will result in an automatic
expiration of the medical cannabis card.
Author: William H. Webster
Statutory Authority:
Code of Ala.
1975, §§
20-2A-22, as
amended.
