Current through Register Vol. 46, No. 12, March 20, 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.