N.Y. Comp. Codes R. & Regs. tit. 9 § 113.20

Current through Register Vol. 46, No. 36, September 4, 2024

Section 113.20 - Reporting Requirements for Registered Practitioners, Certified Patients and Designated Caregivers

(a) A practitioner shall report to the Office, in a manner determined by the Office, the death of a certified patient or change in status of a 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 medical cannabis products. A practitioner shall report such death or change of status not more than five (5) business days after the practitioner becomes aware of such fact.

(b) If a practitioner issues a new certification for a certified patient, then the existing certification and associated registration shall expire upon issuance of the new certification and a new registration expiration date, equivalent to the certification expiration date, shall be established.

(c) A practitioner shall report patient adverse events to the Office, in a manner determined by the Office, not more than five (5) business days after the practitioner becomes aware of such adverse event, except that serious adverse events shall be reported not more than one (1) business day after the practitioner becomes aware of such adverse event.

(d) A certified patient or designated caregiver, who has been issued a registration shall notify the Office of any change in the information provided to the Office not later than ten (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, or medical status. A certified patient or designated caregiver shall report such changes on a form, and in a manner, determined by the Office. Should a certified patient cease to have the condition noted on their certification, the certified patient or designated caregiver shall notify the Office of such within ten (10) days and the certified patient's and designated caregiver's registration shall be considered void.

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

(f) A certified patient or designated caregiver shall notify the Office of any change in demographic information that results in information on the certification being inaccurate.

(g) 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 Office, on a form and in a manner prescribed by the Office, not later than ten (10) days of becoming aware of the loss, theft or destruction. The Office shall inactivate the initial registry identification card upon receiving such notice and issue a replacement registry identification card provided the applicant continues to satisfy the requirements of Article 3 of the Cannabis Law and section 113.4 of this Part.

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

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

(2) In the event that the certified patient has selected another designated caregiver, the proposed designated caregiver must register with the Office as defined in section 113.5 of this Part.

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

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

(2) In the event that the designated caregiver has no other active certified patients, the designated caregiver's registration will be inactivated.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 113.20

Adopted New York State Register February 22, 2023/Volume XLV, Issue 08, eff. 2/22/2023