Current through Register Vol. 46, No. 39, September 25, 2024
(a) A
certified patient's designation of a designated caregiver shall not be valid
unless and until the proposed designated caregiver successfully applies for and
receives a designated caregiver registry identification card.
(b) A facility or natural person selected by
a certified patient as a designated caregiver may apply to the department for a
registry identification card or renewal of such card on a form or in a manner
determined by the department. The proposed designated care giver shall submit
an application to the department which shall contain the following information
and documentation:
(1) For a proposed
designated caregiver that is a natural person, the individual shall submit:
(i) the applicant's full name, address, date
of birth, telephone number, email address if available, and
signature;
(ii) if the applicant
has a registry identification card, the registry identification
number;
(iii) a nonrefundable application fee of
fifty ($50) dollars, provided, however that the department may waive or reduce
the fee in cases of financial hardship as determined by the
department;
(iv) a statement that
the applicant is not the certified patient's practitioner;
(v) a
statement that the applicant agrees to secure and ensure proper handling of all
approved medical marihuana products;
(vi) acknowledgement
that a false statement in the application is punishable under section
210.45 of the
penal law;
(vii) proof that the
applicant is a New York State resident, consisting of a copy of either:
(a) a
New York State issued driver's license; or
(b) a New York State
non-driver identification card;
(viii) If the
documentation submitted by the applicant in accordance with paragraph (vii) of
this subdivision does not contain a photograph of the applicant or the
photograph on the documentation is not a true likeness of the applicant, the
applicant shall provide one recent passport-style color photograph of the
applicant's face taken against a white background or backdrop. The photograph
shall be a true likeness of the applicant's appearance on the date the
photograph was taken and shall not be altered to change any aspect of the
applicant's physical appearance. The photograph shall have been taken not more
than thirty (30) days prior to the date of the application. The photograph
shall be submitted in a form and manner as directed by the department,
including as a digital file (.jpeg).
(ix) Identification of
all certified patients for which the applicant serves, has served or has an
application pending to serve as a designated caregiver and a statement that the
applicant is not currently a designated caregiver for five current certified
patients, and that he/she the applicant has not submitted an application which
is pending and, if approved, would cause the applicant to be a designated
caregiver for a total of five current certified patients;
(2) For a proposed designated caregiver that
is an entire facility that is licensed or operated pursuant to an authority set
forth in subdivision (k) of section
1004.3 of this Part, the
designated caregiver shall submit:
(i) the
facility's full name, address, operating certificate or license number where
appropriate, email address, and printed name, title, and signature of an
authorized facility representative;
(ii) if the facility has a registry
identification card, the registry identification number;
(iii) a statement that the facility agrees to
secure and ensure proper handling of all approved medical marihuana products;
and
(iv) an acknowledgement that a
false statement in the application is punishable under section
210.45 of the
penal law;
(3) For a
proposed designated caregiver that is a division, department, component, floor
or other unit pursuant to subdivision (k) of section
1004.3 of this Part, the
designated caregiver shall submit:
(i) the
parent facility's full name, address, operating certificate or license number
where appropriate, email address, and printed name, title and signature of an
authorized representative of the parent facility and of an authorized
representative of the division, department, component, floor or other
unit;
(ii) if the parent facility,
division, department, component, floor or other unit has a registry
identification card, the registry identification number;
(iii) a statement that the parent facility,
and the division, department, component, floor or other unit, agree to secure
and ensure proper handling of all approved medical marihuana products;
and
(iv) an acknowledgement that a
false statement in the application is punishable under section
210.45 of the
penal law.
(c)
Prior to issuing or renewing a registry identification card, the department may
verify the information submitted by the applicant. The applicant shall provide,
at the department's request, such information and documentation, including any
consents or authorizations that may be necessary for the department to verify
the information.
(d) The department
shall approve, deny or determine incomplete or inaccurate an initial or renewal
application within 30 days of receipt of the application. If the application is
approved within the 30 day period, the department shall issue a registry
identification card as soon as is reasonably practicable.
(e) The department shall notify the applicant
in writing, by email, by telephone, or in another manner as determined
appropriate by the department if an application is incomplete or factually
inaccurate, and shall explain what documents or information is necessary for
the department to consider the application complete and accurate.
(f) An applicant shall have 30 days from the
date of a notification of an incomplete or factually inaccurate application to
submit the materials required to complete, revise or substantiate information
in the application. If the applicant fails to submit the required materials
within such 30 day time period, the application shall be denied by the
department.
(g) Applicants whose
applications are denied pursuant to subdivision (f) of this section may submit
a new initial or renewal application for a registry identification card,
together with the applicable fee as set forth herein.
(h) The department shall deny a registry
identification card for an applicant who:
(1)
is already a designated caregiver for five currently certified patients or has
an application pending that, if approved, would cause the proposed designated
caregiver to be a designated caregiver for more than five currently certified
patients; or
(2) in accordance with
subdivision (e) of this section, fails to provide complete or factually
accurate information in support of his or her initial or renewal
application.
