New York § 30 - 30Certification of patients

§ 30. 30Certification of patients

§ 30. Certification of patients. 1. A patient certification may only be issued if: (a) the patient has a condition, which shall be specified in the patient's health care record; (b) the practitioner by training or experience is qualified to treat the condition; (c) the patient is under the practitioner's continuing care for the condition; and (d) 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 use of cannabis for the condition. 2. The certification shall include: (a) the name, date of birth and address of the patient; (b) a statement that the patient has a condition and the patient is under the practitioner's care for the condition; (c) a statement attesting that all requirements of subdivision one of this section have been satisfied; (d) the date; and (e) the name, address, telephone number, and the signature of the certifying practitioner. The board may require by regulation that the certification shall be on a form provided by the office. The practitioner may state in the certification that, in the practitioner's professional opinion, the patient would benefit from medical cannabis only until a specified date. The practitioner may state in the certification that, in the practitioner's professional opinion, the patient is terminally ill and that the certification shall not expire until the patient dies. 3. In making a certification, the practitioner may consider the form of medical cannabis the patient should consume, including the method of consumption and any particular strain, variety, and quantity or percentage of cannabis or particular active ingredient, and appropriate dosage. The practitioner may state in the certification any recommendation or limitation the practitioner makes, in his or her professional opinion, concerning the appropriate form or forms of medical cannabis and dosage. 4. The practitioner shall give the certification to the certified patient or the certified patient's designated caregiver, and place a copy in the patient's health care record. Such certification shall include information sufficient for a registered organization to confirm that the certification is valid in accordance with section thirty-two of this article and as determined by the board in regulation. The board may, by rules and regulations, establish a code, including but not limited to quick response (QR) code, for each practitioner to provide a certified patient or their designated caregiver with, to present to a registered organization to obtain medical cannabis or medical cannabis products from a registered organization. 5. No practitioner shall issue a certification under this section for themselves. 6. A certification shall expire two years after the date the certification is signed by the practitioner, except as provided for in subdivision seven of this section. 7. (a) The practitioner may state in the certification that, in the practitioner's professional opinion, the patient would benefit from medical cannabis only until a specified earlier date, upon which the certification shall expire; (b) the practitioner may state on the certification that the patient is terminally ill and the certification will not expire until the patient dies; (c) the practitioner may reissue the certification to terminate the certification on an earlier date; (d) the certification may state any recommendation or limitation by the practitioner as to the form or forms of medical cannabis or dosage for the certified patient; (e) a practitioner may extend the expiration date of a certification prior to the certification's expiration; (f) if a certification has expired and the practitioner determines that the patient would benefit from medical cannabis, the certification shall be reissued; and (g) the board shall make regulations to implement this subdivision. 8. Prior to issuing a certification a practitioner must complete appropriate training as determined by the board in regulation. For the purposes of this article a person's status as a practitioner is deemed to be a "license" for the purposes of section thirty-three hundred ninety of the public health law and shall be subject to the same revocation process.