N.Y. Comp. Codes R. & Regs. tit. 9 § 113.5

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

Section 113.5 - Designated Caregiver Registration

(a) Designation of Caregivers. A certified patient may designate up to five (5) designated caregivers, not including designated caregiver facilities or the employees of a designated caregiver facility, in a manner determined by the Office. A designated caregiver shall be a natural person. The application for issuance or renewal of a registry identification card shall include the following information:

(1) name of the proposed designated caregiver(s);

(2) address of the proposed designated caregiver(s);

(3) date of birth of the proposed designated caregiver(s); and

(4) any other individual identifying information concerning the proposed designated caregiver(s) required by the Office.

(b) Notwithstanding a designation in accordance section 113.3(b) of this Part, a certified patient's designation of caregivers subsequent to the initial certification process shall not be valid unless and until the proposed designated caregiver successfully applies for and receives a designated caregiver registry identification number.

(c) A natural person selected by a certified patient as a designated caregiver shall apply to the Office for initial registration or renewal of such registration on a form or in a manner determined by the Office. The proposed designated caregiver shall submit an application to the Office which shall contain the following information and documentation:

(1) the full name, address, date of birth, telephone number, email address if available, and signature of the designated caregiver applying for registration;

(2) a statement that the designated caregiver applying for registration agrees to secure and ensure proper handling of all medical cannabis products;

(3) acknowledgement that a false statement in the application is punishable under section 210.45 of the Penal Law.

(d) For a proposed designated caregiver facility as defined in section 113.1 of this Part, the designated caregiver facility shall submit:

(1) the facility's full name, address, operating certificate or license number where appropriate, email address, and printed name, title, and signature of an authorized facility representative;

(2) if the facility has a prior designated caregiver facility registration, the registry identification number;

(3) a statement that the facility agrees to secure and ensure proper handling of all medical cannabis products; and

(4) an acknowledgement that a false statement in the application is punishable under section 210.45 of the Penal Law;

(e) For a proposed designated caregiver that is a cannabis research license holder under Article 3 of the Cannabis Law, the designated caregiver shall submit;

(1) the full name of the research license holder, address, research license number, email address, and the name, title and signature of an authorized representative of the research license holder;

(2) if the research license holder already is a designated caregiver in accordance with this section, such license holder shall provide the registry identification number;

(3) a statement that the research license holder agrees to secure and ensure proper handling of all medical cannabis products;

(4) an acknowledgement that a false statement in the application is punishable under section 210.45 of the Penal Law; and

(5) any other identifying information as determined by the Office;

(f) Prior to issuing or renewing a designated caregiver registration, the Office may verify the information submitted by the proposed designated caregiver. The proposed designated caregiver shall provide, at the Office's request, such information and documentation, including any consents or authorizations that may be necessary for the Office to verify the information.

(g) The Office shall approve, deny, or determine incomplete or inaccurate an application to issue or renew a designated caregiver registration as soon as is reasonably practicable.

(h) The Office shall notify the designated caregiver applicant in writing, by email, by telephone, or in another manner as determined appropriate by the Office if an application is incomplete or factually inaccurate and shall explain what documents or information is necessary for the Office to consider the application complete and accurate.

(i) A designated caregiver applicant shall have thirty (30) days from the date of a notification of an incomplete or factually inaccurate application to submit the materials required to complete, revise or substantiate information in the application. If the designated caregiver applicant fails to submit the required materials within such thirty (30) day time period, the application shall be denied by the Office.

(j) Designated caregiver applicants whose applications are denied pursuant to subdivision (f) of this section may submit a new initial or renewal application for a designated caregiver registration.

(k) The Office shall deny a designated caregiver registration for a designated caregiver applicant who:

(1) is already a designated caregiver for four (4) currently certified patients or has an application pending that, if approved, would cause the proposed designated caregiver to be a designated caregiver for more than four (4) currently certified patients. This provision does not apply to designated caregiver facilities or research license holders as defined in section 113.1 of this Part; or

(2) in accordance with subdivision (e) of this section, fails to provide complete or factually accurate information in support of their initial or renewal application.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 113.5

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