Compassionate Use Registry Identification Cards

 

DEPARTMENT OF HEALTH

RULE NO.: RULE TITLE:

64-4.011: Compassionate Use Registry Identification Cards

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 42 No. 212, October 31, 2016 issue of the Florida Administrative Register.

 

DH8009-OCU-10/2016, which is incorporated in Rule 64-4.011(2)(c), has been amended to clarify proof of residency requirements, to remove the word “non-refundable” from the fee, to remove the requirement to include the patient registry identification number on the check or money order, to change “assigned legal representative” to “designated legal representative” consistent with rule and form text, to remove the verification language from the signature block, and to clean up other minor issues for consistency in rule and form text. The change also removes the requirement that DH8011-OCU-10/2016 must be submitted as part of this form and includes the statement required under section 119.071(5)(a)2.

 DH8010-OCU-2016, which is incorporated in Rule 64-4.011(3), has been amended to remove proof of residency requirements, to remove the word “non-refundable” from the fee, to remove the requirement to include the patient registry identification number on the check or money order, to remove the use of the word “applicant,” to remove the verification language from the signature block, and to clean up other minor issues for consistency in rule and form text. The statement required by section 119.071(5)(a)2., will be added to the form.

DH8012-OCU-10/2016, which is incorporated in Rule 64-4.011(9), has been amended to remove the requirement for certified copies, to clarify the use of the form for changing or adding a legal representative, to remove the word “non-refundable” from the fee, to remove the requirement to include the patient registry identification number on the check or money order, to clarify the proof of residency requirements for minors, to remove the verification language from the signature block, and to clean up other minor issues for consistency in rule and form text. The statement required by section 119.071(5)(a)2., will be added to the form.

 

In addition, the rule text is being amended as follows.

 

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 low-THC cannabis, medical cannabis, or a cannabis delivery device.

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

(a) Be a Florida resident, as evidenced by a copy of a valid Florida driver’s license or identification card; a current utility bill in the person’s name including a Florida address; or a current Florida voter registration card. The name and address on the document provided for proof of residency must match the name and address provided in the application.; or for minors, a certified copy of birth certificate or current record of registration from a Florida school (K-12), and To establish Florida residency for minor patients, proof of residency of the parent or designated legal representative must be provided,

(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, or a cannabis delivery device from a dispensing organization, and

(c) Submit DH8009-OCU-10/2016, “Compassionate Use Registry Identification Card Qualified Patient Application,” and DH8011-OCU-10/2016, “Physician Certification,” which is are incorporated by reference and is 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, “Compassionate Use Registry Identification Card 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 patient applicant to receive a patient Compassionate Use Registry identification card, the minor patient 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 person who applies for a Compassionate Use Registry identification card 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) A person who applies for a Compassionate Use Registry identification card 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 patient or legal representative’s applicant’s Compassionate Use Registry identification card, the Department will provide a temporary verification email which may be printed and used, with a photo ID, to obtain low-THC cannabis, medical cannabis, or a cannabis delivery device for a period of 30 days or until the patient or legal representative receives the Compassionate Use Registry identification card applicant receives the permanent identification card, whichever occurs first.

(8) No change.

(9) When there has been a change in the patient’s name, address, or designated 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-####, along with a $15 replacement fee in the form of a check or money order payable to the Department of Health. 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) No change. 

(11) Requests to replace a lost or stolen card will require the cardholder applicant to submit a Change, Replacement or Surrender Request, DH8012-OCU-10/2016, along with a copy of his or her Florida driver’s license or identification card 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)(f),(j) FS. Law Implemented 381.986, 499.0295 (7)(f) FS. History–New_________.