New York Consolidated Laws, Public Health Law - PBH § 3361. Certification of patients

<[Expires and deemed repealed July 5, 2021, pursuant to L.2014, c. 90, § 12 .]>

1. A patient certification may only be issued if:  (a) a practitioner has been registered with the department to issue a certification as determined by the commissioner;  (b) the patient has a serious condition, which shall be specified in the patient's health care record;  (c) the practitioner by training or experience is qualified to treat the serious condition;  (d) the patient is under the practitioner's continuing care for the serious condition;  and (e) 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 marihuana for the serious 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 serious condition and the patient is under the practitioner's care for the serious 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, federal registration number, telephone number, and the handwritten signature of the certifying practitioner.  The commissioner may require by regulation that the certification shall be on a form provided by the department.  The practitioner may state in the certification that, in the practitioner's professional opinion, the patient would benefit from medical marihuana 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 shall consider the form of medical marihuana the patient should consume, including the method of consumption and any particular strain, variety, and quantity or percentage of marihuana or particular active ingredient, and appropriate dosage.  The practitioner shall 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 marihuana and dosage.

4. Every practitioner shall consult the prescription monitoring drug program registry prior to making or issuing a certification, for the purpose of reviewing a patient's controlled substance history.  For purposes of this section, a practitioner may authorize a designee to consult the prescription monitoring program registry on his or her behalf, provided that such designation is in accordance with section thirty-three hundred forty-three-a of this article.

5. The practitioner shall give the certification to the certified patient, and place a copy in the patient's health care record.

6. No practitioner shall issue a certification under this section for himself or herself.

7. A registry identification card based on a certification shall expire one year after the date the certification is signed by the practitioner.

8. (a) If the practitioner states in the certification that, in the practitioner's professional opinion, the patient would benefit from medical marihuana only until a specified earlier date, then the registry identification card shall expire on that date;

(b) If the practitioner states 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, then the registry identification card shall state that the patient is terminally ill and that the registration card shall not expire until the patient dies;

(c) If the practitioner re-issues the certification to terminate the certification on an earlier date, then the registry identification card shall expire on that date and shall be promptly returned by the certified patient to the department;

(d) If the certification so provides, the registry identification card shall state any recommendation or limitation by the practitioner as to the form or forms of medical marihuana or dosage for the certified patient;  and

(e) The commissioner shall make regulations to implement this subdivision.

9. (a) A certification may be a special certification if, in addition to the other requirements for a certification, the practitioner certifies in the certification that the patient's serious condition is progressive and degenerative or that delay in the patient's certified medical use of marihuana poses a serious risk to the patient's life or health.

(b) The department shall create the form to be used for a special certification and shall make that form available to be downloaded from the department's website.


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