Regulation 5 CCR 1006-2-3

Current through Register Vol. 47, No. 11, June 10, 2024

Regulation 5 CCR 1006-2-3 - Verification of medical information; issuance, denial, revocation, and form of registry identification cards

A. The department shall verify medical information contained in the patient's application within thirty days of receiving the application. Verification of medical information shall consist of determining that there is documentation stating the applicant has a current diagnosis with a debilitating or disabling medical condition as defined in Regulation 6, by a physician who has a current active, unrestricted and unconditioned license to practice medicine issued by the State of Colorado, which license is in good standing, and who has a bona fide physician-patient relationship with the patient.

B. No more than five days after verifying medical information of the applicant, the department shall issue a serially numbered registry identification card to the patient. The card shall state the following:

1. The patient's name, address, date of birth, and social security number;

2. That the patient's name has been certified to the department as a person with a debilitating or disabling medical condition, whereby the person may address such condition with the medical use of marijuana;

3. The date of issuance of such card and the date of expiration.

a. A registry identification card issued for treatment of a debilitating medical condition shall be valid for one year from the date of issuance, and

b. A registry identification card issued for treatment of a disabling medical condition shall be valid for no less than 60 days and no more than one year as determined by the recommending physician;

4. The name and address of the patient's primary care-giver, if any is designated at the time of application;

5 How to notify the department of any change in name, address, medical status, physician, or primary care-giver.

C. Except for minor applicants with a debilitating medical condition, where the department fails within thirty-five days of receipt of application to issue a registry identification card or fails to issue verbal or written notice of denial of such application, the patient's application for such card will be deemed to have been approved. "Receipt" shall be deemed to have occurred upon delivery to the department or deposit in the United States mail.

D. The department shall deny the application if it determines that information has been falsified or it cannot verify the medical information as provided in paragraph A of this regulation. A patient whose application has been denied by the department may not reapply during the six months following the date of denial. The denial of a registry identification card shall be considered a final agency action.

E. In addition to any other penalties provided by law, the department shall revoke for a period of one year the registry identification card of any patient found to have willfully violated the provisions of Section 14 of Amendment 20 of the Colorado Constitution or § 25-1.5-106, C.R.S.

Regulation 5 CCR 1006-2-3

37 CR 20, October 25,2014, effective 11/14/2014

38 CR 15, August 10, 2015, effective 9/14/2015

38 CR 24, December 25, 2015, effective 1/14/2016

41 CR 08, April 25, 2018, effective 5/15/2018

42 CR 08, April 10, 2019, effective 5/15/2019

42 CR 20, October 25, 2019, effective 11/14/2019

45 CR 01, January 10, 2022, effective 2/14/2022

45 CR 06, March 25, 2022, effective 4/14/2022