New Jersey Administrative Code
Section 17:30A-2.3 - Primary caregiver registration

Universal Citation: NJ Admin Code 17:30A-2.3

Current through Register Vol. 55, No. 48, December 18, 2023

(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.

Amended by R.2019 d.049, effective 5/20/2019.
See: 50 N.J.R. 1398(a), 51 N.J.R. 732(a).
In the introductory paragraph of (a), substituted "whom" for "who"; rewrote (a)5; and added (i).

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