Current through Register Vol. 56, No. 18, September 16, 2024
(a) A person whom a qualifying patient
designates as a primary caregiver pursuant to N.J.A.C. 17:30A-2.2(e)shall
submit the following to the Commission to apply for issuance or renewal of
primary caregiver registration:
1. The
applicant's full name, address, date of birth, telephone number, and signature;
2. Written consent to submit to a
criminal history record background check pursuant to
N.J.S.A.
24:6I-4.
i.
The applicant shall remit the fee for the criminal history record background
check in compliance with the procedures established by the Division of State
Police pursuant to N.J.A.C. 13:59;
3. The correct application fee as specified
at N.J.A.C. 17:30A-2.1;
4. A
statement that the applicant agrees to assist the qualifying patient with the
medical use of marijuana, is not currently serving as primary caregiver for
another qualifying patient and is not the qualifying patient's physician;
5. Proof of New Jersey residency;
and
6. One recent passport-size
color photograph, two inches by two inches, taken against a white background or
backdrop with the applicant's face being not less than three quarters of an
inch in width. The applicant shall not wear a hat, glasses, or any other item
that may alter or disguise the overall features of the face in the photograph
and the applicant shall legibly print his or her name on the back of the
photograph submitted. The photo shall have been taken not more than 30 days
prior to the date of the application.
(b) The Commission shall notify the applicant
in writing, by electronic mail or by telephone, if an application is incomplete
and shall explain what documents or information is necessary for the Commission
to deem the application to be complete.
1. An
applicant shall have 30 days from the date of a notification issued pursuant to
(b) above to submit the materials required to complete the application.
2. The Commission shall not
process incomplete applications.
3. The Commission shall not accept and shall
return applications to applicants who fail to submit materials necessary to
complete an application within the 30 days provided pursuant to (b)1 above.
4. Applicants whose applications
are not accepted for processing pursuant to (b)3 above who seek to reapply for
registration shall submit a new application and the applicable fee in
accordance with (a) above.
(c) Prior to issuing or renewing a registry
identification card, the Commission shall verify the information submitted by
the applicant.
(d) The Commission
shall approve or deny an application or renewal within 30 days of receipt of
the completed application or renewal and shall issue a registry identification
card within five business days of approving the application or renewal.
(e) Each applicant for issuance or
renewal of registration as a primary caregiver shall submit to a fingerprinting
process as part of the criminal history record background check and shall
comply with procedures established by the Division of State Police pursuant to
N.J.A.C. 13:59 for obtaining readable fingerprint impressions.
(f) The Commission shall deny registration of
a primary caregiver who:
1. Refuses to
consent to, or cooperate in, the securing of a criminal history record
background check; or
2. Fails to
provide any of the information required at (a) above.
(g) Subject to (h) below, the Commission
shall deny an application for issuance or renewal of registration as a primary
caregiver if the criminal history record background check of the applicant
reveals a disqualifying conviction.
1. If an
applicant has a disqualifying conviction, the Commission shall issue written
notice to the applicant identifying the conviction that constitutes the basis
for the denial of the application.
(h) The Commission shall not deny an
application for issuance or renewal of registration as a primary caregiver of
an applicant who has a disqualifying conviction if the applicant affirmatively
demonstrates to the Commission by clear and convincing evidence that the
applicant is rehabilitated.
1. In determining
whether an applicant has demonstrated clear and convincing evidence of
rehabilitation, the Commission shall consider the following factors:
i. The nature and responsibility of the
position that the convicted individual would hold, has held, or currently
holds;
ii. The nature and
seriousness of the crime or offense;
iii. The circumstances under which the crime
or offense occurred;
iv. The date
of the crime or offense;
v. The
age of the individual when the crime or offense was committed;
vi. Whether the crime or offense was an
isolated or repeated incident;
vii. Any social conditions that may have
contributed to the commission of the crime or offense; and
viii. Any evidence of rehabilitation,
including good conduct in prison or in the community, counseling or psychiatric
treatment received, acquisition of additional academic or vocational schooling,
successful participation in correctional work-release programs, or the
recommendation of those who have had the individual under their supervision.
(i) If a
qualifying patient proposes to designate more than one person as a primary
caregiver, each applicant for registration as the qualifying patient's primary
caregiver is subject to this section.
