This rulemaking establishes a system for issuing and renewing Compassionate Use Registry identification cards for patients and their legal representatives, establishes the circumstances under which the cards may be revoked or must be returned to the ...

 

DEPARTMENT OF HEALTH

RULE NO.: RULE TITLE:

64-4.011Compassionate Use Registry Identification Cards

PURPOSE AND EFFECT: This rulemaking establishes a system for issuing and renewing Compassionate Use Registry identification cards for patients and their legal representatives, establishes the circumstances under which the cards may be revoked or must be returned to the department, and establishes fees to implement such system.

SUMMARY: This rulemaking establishes the process for patients and legal representatives to apply for Compassionate Use Registry identification cards, to apply for a replacement card, provides a form for physicians to certify qualified patients, and establishes cause for revocation. This also changes the title of the rule from “Registration Cards” as published in the Notice of Rule Development to “Compassionate Use Registry Identification Cards.”

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the SERC checklist, this rulemaking will not have an adverse impact or regulatory costs in excess of $1 million within five years as established in s.120.541(2)(a), FS

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 381.986(7)(j), FS.

LAW IMPLEMENTED: 381.986(7)(f), FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Courtney Coppola at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

64-4.011 Compassionate Use Registry Identification Cards.

(1) All patients and legal representatives are required to have a valid Compassionate Use Registry identification card to obtain medical cannabis.

(2) To apply for a patient Compassionate Use Registry identification card, a person must:

(a) Be a Florida resident, as evidenced by a valid Florida driver’s license or identification card; a current utility bill in the person’s name including a Florida address; a current Florida voter registration card; or for minors, a certified copy of birth certificate or current record of registration from a Florida school (K-12), and proof of residency of designated legal representative,

(b) Be a qualified patient who has been added to the Compassionate Use Registry, by an authorized physician licensed under Chapter 458 or Chapter 459, to receive low-THC cannabis or medical cannabis from a dispensing organization,

(c) Submit DH8009-OCU-10/2016, “Qualified Patient Application,” and DH8011-OCU-10/2016, “Physician Certification,” which are incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-#### and http://www.flrules.org/Gateway/reference.asp?No=Ref-####.                             

(3) To apply for a legal representative Compassionate Use Registry identification card, a person must submit DH8010-OCU-10/2016, “Legal Representative Application,” which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-####.

(4) In order for a minor applicant to receive a patient Compassionate Use Registry identification card, the minor applicant must reside in Florida and have a legal representative designated in his or her application and in the online Compassionate Use Registry.

(5) Each applicant shall pay a $75.00 non-refundable application fee in the form of a check or money order payable to the Department of Health. The card shall expire one (1) year after the date of the physician’s initial order.

(6) An applicant shall have sixty (60) days from the date the department provides notice that the application is incomplete to make corrections, provide additional information or resubmit the application.

(7) If there is no initial order by the patient’s authorized physician at the time of the approval of the applicant’s Compassionate Use Registry identification card, the Department will provide a temporary verification which may be used, with a photo ID, to obtain medical cannabis for a period of 30 days or until the applicant receives the permanent identification card, whichever occurs first.  

(8) To maintain an active Compassionate Use Registry identification card, a patient and/or legal representative must annually submit DH8009-OCU-10/2016 and/or DH8010-OCU-10/2016, along with the application fee and any required accompanying documents to the department forty-five (45) days prior to the card expiration date.

(9) When there has been a change in the patient’s name, address, or assigned legal representative, that patient must notify the department within ten (10) days by submitting a completed Change, Replacement or Surrender Request, DH8012-OCU-10/2016, which is incorporated by reference and available at http://www.flrules.org/Gateway/reference.asp?No=Ref-####. A patient who has not designated a legal representative at the time of application to the department may do so in writing at any time during the effective period of the patient’s registry identification card.

(10) A patient who no longer has a qualifying medical condition shall return his or her registry identification card to the department within ten (10) days of receiving such information by his or her physician along with a completed Change, Replacement or Surrender Request, DH8012-OCU-10/2016.

(11) Requests to replace a lost or stolen card will require the applicant to submit a Change, Replacement or Surrender Request, DH8012-OCU-10/2016, along with a copy of his or her Florida ID and a $15 replacement fee.

(12) The department may revoke a Compassionate Use Registry identification card for any of the following, but not limited to:

(a) The patient or legal representative makes material misrepresentations in his or her application;

(b) The patient uses his or her card to obtain cannabis for another individual;

(c) The legal representative uses his or her card to obtain cannabis for an individual who has not designated them as their legal representative or who is not a qualified patient

(d) The patient or legal representative purchases, obtains, possesses, or uses cannabis not sold by an approved dispensing organization; or

(e) The patient is no longer a qualified patient.  

Rulemaking Authority 381.986(7)(j) FS. Law Implemented 381.986(7)(f) FS. History–New_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Courtney Coppola

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Celeste Philip, MD, MPH, Surgeon General and Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/28/2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 4/8/2016