N.Y. Comp. Codes R. & Regs. tit. 9 § 113.3

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

Section 113.3 - Practitioner Issuance of Certification

(a) Requirements for Patient Certification. A practitioner who is eligible pursuant to 113.2 of this Part may issue a certification for the use of medical cannabis by a qualifying patient subject to completion of subdivision (k) of this section. Such certification shall contain:

(1) the practitioner's name, business address, telephone number and email address;

(2) the practitioner's license number as issued by the New York State Department of Education;

(3) the practitioner's Drug Enforcement Administration registration number for prescribing controlled substances in New York State;

(4) a statement that the practitioner is licensed and in good standing in New York State and possesses an active registration with the Drug Enforcement Administration for prescribing controlled substances in New York State;

(5) a statement that the practitioner is caring for the patient in relation to the patient's condition;

(6) the patient's name, date of birth, residential address, telephone number and email address, if available;

(7) the patient's condition, which may include any of the condition(s) listed below:

(i) cancer;

(ii) positive status for human immunodeficiency virus or acquired immune deficiency syndrome, provided that the practitioner has obtained the patient's consent for disclosure of this information that meets the requirements set forth in section 2782 of the Public Health Law;

(iii) amyotrophic lateral sclerosis;

(iv) Parkinson's disease;

(v) multiple sclerosis;

(vi) damage to the nervous tissue of the spinal cord with objective neurological indication of intractable spasticity;

(vii) epilepsy;

(viii) inflammatory bowel disease;

(ix) neuropathies;

(x) Huntington's disease;

(xi) post-traumatic stress disorder;

(xii) pain that degrades health and functional capability where the use of medical cannabis is an alternative to opioid use;

(xiii) substance use disorder;

(xiv) Alzheimer's disease;

(xv) muscular dystrophy;

(xvi) dystonia;

(xvii) rheumatoid arthritis;

(xviii) autism; or

(xix) any other condition certified by the practitioner.

(8) a statement that by training or experience, the practitioner is qualified to treat the condition, listed pursuant to paragraph (7) of this subdivision;

(9) a statement that, in the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from the primary or adjunctive treatment with medical cannabis for the condition;

(10) any recommendations or limitations the practitioner makes to the certified patient or the patient's designated caregiver;

(11) to the extent that a practitioner seeks to authorize the use of medical cannabis by a patient who temporarily resides in New York State for the purpose of receiving care and treatment from the practitioner, the practitioner shall so state on the patient's certification; and

(12) the practitioner's signature and date upon the certification and a signed certification provided to the patient.

(b) Additional Requirements for Patient Certification where the patient is under the age of eighteen (18) or is otherwise incapable of consent. A practitioner who is eligible pursuant to section 113.2 of this Part may issue a certification for the use of medical cannabis by a qualifying patient, where such a patient is under the age of eighteen (18) or is otherwise incapable of consent, subject to completion of subdivision (a) and (k) of this section and such additional information on the certification as follows:

(1) an attestation that the practitioner obtained a statement from the person responsible for making health care decisions that they are:

(i) legally authorized to make health care decisions on behalf of the patient under the age of eighteen (18) or otherwise incapable of consent;

(ii) consenting on the patient's behalf, the use of medical cannabis product(s) and any device used for its administration; and

(iii) identifying the designated caregiver for the patient under the age of eighteen (18) or otherwise incapable of consent, including such designated caregiver's full name, address, date of birth, telephone number and email address, if available; and

(2) the designated caregiver identified in subparagraph (iii) of paragraph (1) of this section shall be exempt from the requirements set forth in section 113.5 of this Part.

(c) The practitioner shall provide the signed certification to the certified patient, or for those individuals under the age of eighteen (18) or incapable of consent, the person responsible for making healthcare decisions pursuant to paragraph (1) of subdivision (b) of this section.

(d) The designated caregiver who is identified in accordance with section 113.3(b) of this Part, shall be deemed registered with the Office.

(e) Should the person responsible for making health care decisions identified in accordance with section 113.3(b) of this Part or the parent or legal guardian in accordance with Cannabis Law Section 32(3)(b)(ii) decide to change or elect to add additional designated caregiver(s), such designated caregiver must comply with the registration requirements of section 113.5 of this Part.

(f) Should the person responsible for making health care decisions identified in accordance with section 113.3(b) of this Part or the parent or legal guardian in accordance with Cannabis Law Section 32(3)(b)(ii) decide to change the designated caregiver identified in section 113.3(b)(1)(iii) of this Part, they shall notify the practitioner to update the requirements set forth in section 113.3 of this Part.

(g) Requirements of Patient Special Certification. The practitioner may issue a special certification if the patient's condition is progressive and degenerative or that delay in the patient's certified medical use of cannabis poses a risk to the patient's life or health. Such certification shall be on a form provided by the Office and shall contain the requirements set forth in subdivision (a) of this section.

(h) Expiration of Certification.

(1) The certification shall state the date upon which the certification shall expire, which shall be no longer than one (1) year after the date it was issued, unless the patient is terminally ill.

(2) If the practitioner issues a certification to a patient who is terminally ill, the certification shall not expire until the patient's death or the practitioner re-issues the certification to terminate the certification on an earlier date.

(3) If the practitioner issues a certification to a patient who is not a resident of New York State but is receiving care and treatment in this state, the certification shall be valid for a period of time which is no longer than the patient is reasonably anticipated to be residing in New York State for the purposes of care and treatment, but in no event shall it be valid for more than one (1) year after the date it was issued.

(i) Submission of Certification to the Office. Practitioners shall utilize a form, which may be in an electronic format, developed by the Office for the certification required in subdivision (a) of this section. The practitioner shall submit to the Office, the information required by subdivision (a) of this section, in a manner determined by the Office, including by electronic transmission through a secure website.

(j) Record Retention. The practitioner shall also maintain a copy of the signed certification, which shall include all information required in subdivision (a) of this section, and for those under the age of eighteen (18) or incapable of consent, all the additional information required in subdivision (b) of this section, for a period of five (5) years, in the patient's medical record.

(k) Consultation of Prescription Monitoring Program Registry. Prior to issuing, modifying or renewing a certification, the practitioner shall consult the prescription monitoring program registry pursuant to section 3343-a of the Public Health Law for the purpose of reviewing a patient's controlled substance history. Practitioners may authorize a designee to consult the prescription monitoring program registry on their behalf, provided that such designation is in accordance with section 3343-a of the Public Health Law.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 113.3

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