N.Y. Comp. Codes R. & Regs. tit. 10 § 1004.19

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1004.19 - Reporting requirements for registered practitioners, certified patients and designated caregivers

(a) A practitioner shall report to the department, in a manner determined by the department, the death of a certified patient or change in status of a serious condition involving a certified patient for whom the practitioner has issued a certification if such change may affect the patient's continued eligibility for certification for use of approved medical marihuana product. A practitioner shall report such death or change of status not more than five business days after the practitioner becomes aware of such fact.

(b) If a practitioner re-issues a patient's certification to terminate the certification on an earlier date, then the registry identification card shall expire on such earlier date and shall be promptly returned to the department by the certified patient or designated caregiver.

(c) A practitioner shall report patient adverse events to the department, in a manner determined by the department, not more than five business days after the practitioner becomes aware of such adverse event, except that serious adverse events shall be reported not more than one business day after the practitioner becomes aware of such adverse event.

(d) A certified patient or designated caregiver, who has been issued a registry identification card, shall notify the department of any change in the information provided to the department not later than 10 business days after such change. A certified patient or designated caregiver shall report changes that include, but are not limited to, a change in the certified patient's name, address, contact information, medical status. A certified patient or designated caregiver shall report such changes on a form, and in a manner, determined by the department. Should a certified patient cease to have the serious condition noted on his or her certification, the certified patient or designated caregiver shall notify the department of such within 10 days and the certified patient's and designated caregiver's registry identification cards shall be considered void and shall be returned promptly to the department.

(e) If a certified patient's or designated caregiver's appearance has substantially changed such that the photograph submitted to the department does not accurately resemble such certified patient or designated caregiver, such person shall submit, in a timely manner, an updated photograph that meets the requirements set forth by the department.

(f) If a certified patient has a designated caregiver, that designated caregiver may notify the department of any changes on behalf of the certified patient using the same forms and process prescribed for certified patients.

(g) If a certified patient or designated caregiver notifies the department of any change that results in information on the registry identification card being inaccurate or the photograph needing to be replaced, the certified patient or designated caregiver shall obtain a replacement registry identification card. The department shall thereafter issue the certified patient or designated caregiver a new registry identification card. Upon receipt of a new registry identification card, the certified patient or designated caregiver shall destroy in a non-recoverable manner the registry identification card that was replaced.

(h) If a certified patient or designated caregiver becomes aware of the loss, theft or destruction of the registry identification card of such certified patient or designated caregiver, the certified patient or designated caregiver shall notify the department, on a form and in a manner prescribed by the department, not later than 10 days of becoming aware of the loss, theft or destruction. The department shall inactivate the initial registry identification card upon receiving such notice and issue a replacement registry identification card upon receiving the applicable fee provided the applicant continues to satisfy the requirements of section 3361 of the Public Health Law and section 1004.3 of this Part. Prior to issuance of the first replacement registry identification card, a certified patient or designated caregiver shall submit to the department a fee of $25, transmitted in a fashion as determined by the department. For each subsequent replacement registry identification card a certified patient or designated caregiver shall submit to the department a fee of $50, transmitted in a fashion as determined by the department.

(i) If a certified patient wishes to change or terminate his or her designated caregiver, the certified patient shall notify the department, in a manner determined by the department, and shall notify his or her designated caregiver as soon as practicable.

(1) The department shall issue a notification, in a format determined by the department, to the designated caregiver and the certified patient that the designated caregiver's registration card is invalid.

(2) In the event that the designated caregiver has no other active certified patients, the designated caregiver's registration card must be returned to the department within 10 business days.

(3) In the event that the certified patient has selected another designated caregiver, the proposed designated caregiver must register with the department as defined in section 1004.4 of this Part.

(j) If a designated caregiver wishes to terminate his or her relationship with a certified patient, the designated caregiver shall notify the department, in a manner determined by the department, and shall notify the certified patient, as soon as practicable.

(1) The department shall issue a notification, in a format determined by the department, to the certified patient and the designated caregiver that the designated caregiver has terminated his or her relationship with the certified patient.

(2) In the event that the designated caregiver has no other active certified patients, the designated caregiver's registration card must be returned to the department within 10 business days.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 1004.19

Adopted, New York State Register April 15, 2015/Volume XXXVII, Issue 15, eff. 4/15/2015