Current through Register Vol. 54, No. 44, November 2, 2024
(a) An applicant
shall submit an identification card application. The application will be made
available on the Department's publicly-accessible web site and in hard copy
upon request.
(b) An identification
card application submitted by or on behalf of a patient must include the
following information:
(1) The name, address,
telephone number, e-mail address, if available, and date of birth of the
patient.
(2) The patient's
Pennsylvania driver's license number, a Department of Transportation
State-issued identification card, if applicable, or other documentation
acceptable to the Department evidencing the patient's identification and
residency in this Commonwealth.
(3)
The name, address and telephone number of the practitioner who issued the
patient certification.
(4) The
name, birth date, address, telephone number and e-mail address, if applicable,
of up to two individuals designated by the applicant to serve as caregivers, if
applicable.
(5) The patient
certification issued by the patient's practitioner, which shall be provided by
the practitioner to the Department under §
1181a.27(d)(2)
(relating to issuing patient certifications).
(6) The appropriate fee or proof of financial
hardship as provided for in §
1191a.26 (relating to application
fees).
(7) The signature of the
applicant and the date signed.
(8)
A statement that a false statement made in the application is punishable under
the applicable provisions of 18 Pa.C.S. Chapter 49 (relating to falsification
and intimidation).
(c)
For an application submitted under this section that designates an individual
as a caregiver who is not authorized under the act or this part to serve as a
caregiver, the following apply:
(1) The
Department may deny that portion of the application and approve the balance of
the application. In that case, an identification card may be issued to the
patient but the designated caregiver will not be authorized to serve in that
capacity.
(2) If the application is
submitted on behalf of a minor patient but does not include the designation of
another individual as a caregiver who is authorized under the act or this part
to serve as a caregiver, the Department will deny the entire application unless
and until the applicant designates an individual who is authorized to
serve.
(3) An individual designated
as a caregiver may not serve as a caregiver unless and until the individual
submits an application under subsection (d) and the individual is issued an
identification card by the Department.
(d) An identification card application
submitted by a caregiver must include the following information:
(1) The name, address, telephone number,
e-mail address, if available, and date of birth of the caregiver.
(2) The caregiver's Pennsylvania driver's
license number or a Department of Transportation State-issued identification
card, if applicable, evidencing the caregiver's identification.
(3) The name, address and telephone number of
the practitioner who issued the patient certification.
(4) The patient certification issued by the
patient's practitioner, which will be provided by the practitioner to the
Department under § 1181a.27(d)(2).
(5) A copy of the criminal history record
information required under §
1191a.27 (relating to criminal
background checks), except when not required pursuant to §
1191a.29(c)
(relating to renewing an identification card).
(6) The name, address, telephone number and
e-mail address, if available, of any patient for which the caregiver wishes to
be approved by the Department as a caregiver.
(7) The appropriate fee or proof of financial
hardship as provided for in § 1191a.26.
(8) The signature of the applicant and the
date signed.
(9) A statement that a
false statement made in the application is punishable under the applicable
provisions of 18 Pa.C.S. Chapter 49.
(e) The Department will review the criminal
history record information obtained by a caregiver under §
1191a.27 and the Prescription Drug
Monitoring Program database before approving the issuance of an identification
card to the caregiver. The Department will deny the issuance of an
identification card to a caregiver if the caregiver has been convicted of a
criminal offense relating to the sale or possession of drugs, narcotics or
controlled substances that occurred within the 5 years immediately preceding
the submission of the application. The Department may deny the issuance of an
identification card to a caregiver if the caregiver has a history of drug abuse
or of diverting controlled substances or illegal drugs.
(f) The Department will notify a caregiver
applicant in writing if an identification card application is incomplete or
factually inaccurate and provide the applicant with an explanation as to what
documents or information are necessary for the Department to consider the
identification card application to be complete and accurate.
(g) A caregiver applicant shall have 60 days
from mailing of a notification under subsection (f) to submit to the Department
the documents or information requested. If a caregiver applicant fails to
submit the requested documents or information within 60 days, the Department
may deny the identification card application.
(h) The Department will notify a caregiver
applicant in writing of the reasons for the denial of an identification card
application.
(i) A caregiver
applicant whose identification card application is denied may submit a new
identification card application. The Department may decline to consider a new
application that does not correct the deficiencies in the initial application
leading to a prior denial.
This section cited in 28 Pa. Code §
1191a.32 (relating to medical
marijuana patient authorization letters).
