* § 3363. Registry identification cards. 1. Upon approval of the
certification, the department shall issue registry identification cards
for certified patients and designated caregivers. A registry
identification card shall expire as provided in section thirty-three
hundred sixty-one of this title or as otherwise provided in this
section. The department shall begin issuing registry identification
cards as soon as practicable after the certifications required by
section thirty-three hundred sixty-nine-b are granted. The department
may specify a form for a registry application, in which case the
department shall provide the form on request, reproductions of the form
may be used, and the form shall be available for downloading from the
department's website.

2. To obtain, amend or renew a registry identification card, a
certified patient or designated caregiver shall file a registry
application with the department. The registry application or renewal
application shall include:

(a) in the case of a certified patient:

(i) the patient's certification (a new written certification shall be
provided with a renewal application);

(ii) the name, address, and date of birth of the patient;

(iii) the date of the certification;

(iv) if the patient has a registry identification card based on a
current valid certification, the registry identification number and
expiration date of that registry identification card;

(v) the specified date until which the patient would benefit from
medical marihuana, if the certification states such a date;

(vi) the name, address, federal registration number, and telephone
number of the certifying practitioner;

(vii) any recommendation or limitation by the practitioner as to the
form or forms of medical marihuana or dosage for the certified patient;
and

(viii) other individual identifying information required by the
department;

(b) in the case of a certified patient, if the patient designates a
designated caregiver, the name, address, and date of birth of the
designated caregiver, and other individual identifying information
required by the department;

(c) in the case of a designated caregiver:

(i) the name, address, and date of birth of the designated caregiver;

(ii) if the designated caregiver has a registry identification card,
the registry identification number and expiration date of that registry
identification card; and

(iii) other individual identifying information required by the
department;

(d) a statement that a false statement made in the application is
punishable under section 210.45 of the penal law;

(e) the date of the application and the signature of the certified
patient or designated caregiver, as the case may be;

(f) a fifty dollar application fee, provided, that the department may
waive or reduce the fee in cases of financial hardship; and

(g) any other requirements determined by the commissioner.

3. Where a certified patient is under the age of eighteen:

(a) The application for a registry identification card shall be made
by an appropriate person over twenty-one years of age. The application
shall state facts demonstrating that the person is appropriate.

(b) The designated caregiver shall be (i) a parent or legal guardian
of the certified patient, (ii) a person designated by a parent or legal
guardian, or (iii) an appropriate person approved by the department upon
a sufficient showing that no parent or legal guardian is appropriate or
available.

4. No person may be a designated caregiver if the person is under
twenty-one years of age unless a sufficient showing is made to the
department that the person should be permitted to serve as a designated
caregiver. The requirements for such a showing shall be determined by
the commissioner.

5. No person may be a designated caregiver for more than five
certified patients at one time.

6. If a certified patient wishes to change or terminate his or her
designated caregiver, for whatever reason, the certified patient shall
notify the department as soon as practicable. The department shall issue
a notification to the designated caregiver that their registration card
is invalid and must be promptly returned to the department. The newly
designated caregiver must comply with all requirements set forth in this
section.

7. If the certification so provides, the registry identification card
shall contain any recommendation or limitation by the practitioner as to
the form or forms of medical marihuana or dosage for the certified
patient.

8. The department shall issue separate registry identification cards
for certified patients and designated caregivers as soon as reasonably
practicable after receiving a complete application under this section,
unless it determines that the application is incomplete or factually
inaccurate, in which case it shall promptly notify the applicant.

9. If the application of a certified patient designates an individual
as a designated caregiver who is not authorized to be a designated
caregiver, that portion of the application shall be denied by the
department but that shall not affect the approval of the balance of the
application.

10. A registry identification card shall:

(a) contain the name of the certified patient or the designated
caregiver as the case may be;

(b) contain the date of issuance and expiration date of the registry
identification card;

(c) contain a registry identification number for the certified patient
or designated caregiver, as the case may be and a registry
identification number;

(d) contain a photograph of the individual to whom the registry
identification card is being issued, which shall be obtained by the
department in a manner specified by the commissioner in regulations;
provided, however, that if the department requires certified patients to
submit photographs for this purpose, there shall be a reasonable
accommodation of certified patients who are confined to their homes due
to their medical conditions and may therefore have difficulty procuring
photographs;

(e) be a secure document as determined by the department;

(f) plainly state any recommendation or limitation by the practitioner
as to the form or forms of medical marihuana or dosage for the certified
patient; and

(g) any other requirements determined by the commissioner.

11. A certified patient or designated caregiver who has been issued a
registry identification card shall notify the department of any change
in his or her name or address or, with respect to the patient, if he or
she ceases to have the serious condition noted on the certification
within ten days of such change. The certified patient's or designated
caregiver's registry identification card shall be deemed invalid and
shall be returned promptly to the department.

12. If a certified patient or designated caregiver loses his or her
registry identification card, he or she shall notify the department and
submit a twenty-five dollar fee within ten days of losing the card to
maintain the registration. The department may establish higher fees for
issuing a new registry identification card for second and subsequent
replacements for a lost card, provided, that the department may waive or
reduce the fee in cases of financial hardship. The department shall
issue a new registry identification card as soon as practicable, which
may contain a new registry identification number, to the certified
patient or designated caregiver, as the case may be. The certified
patient or designated caregiver shall not be able to obtain medical
marihuana until the certified patient receives a new card.

13. The department shall maintain a confidential list of the persons
to whom it has issued registry identification cards. Individual
identifying information obtained by the department under this title
shall be confidential and exempt from disclosure under article six of
the public officers law. Notwithstanding this subdivision, the
department may notify any appropriate law enforcement agency of
information relating to any violation or suspected violation of this
title.

14. The department shall verify to law enforcement personnel in an
appropriate case whether a registry identification card is valid.

15. If a certified patient or designated caregiver willfully violates
any provision of this title as determined by the department, his or her
registry identification card may be suspended or revoked. This is in
addition to any other penalty that may apply.

16. The commissioner shall make regulations for special
certifications, which shall include expedited procedures and which may
require the applicant to submit additional documentation establishing
the clinical basis for the special certification. If the department has
not established and made available a form for a registry application or
renewal application and determined the application fee if any, or
established and made available a form for a registry application or
renewal application and determined the application fee for a special
certification, then in the case of a special certification, a registry
application or renewal application that otherwise conforms with the
requirements of this section shall not require the use of a form or the
payment of an application fee.

* NB Repealed July 5, 2028 and Repealed 6 months after the full
cannabis control board created by Article 2 of the cannabis law has been
appointed