22 §2425. Registry identification cards
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 5: FOODS AND DRUGS
Chapter 558-C: MAINE MEDICAL USE OF MARIJUANA ACT
§2425. Registry identification cards
1. Application for patient registry identification card; qualifications. The department shall register and issue registry identification cards to qualifying patients who submit the documents and information described in this subsection, in accordance with the department's rules:
A. Written certification; [IB 2009, c. 1, §5 (NEW).]
B. Application or renewal fee; [IB 2009, c. 1, §5 (NEW).]
C. Name, address and date of birth of the qualifying patient, except that if the applicant is homeless no address is required; [2009, c. 631, §28 (AMD); 2009, c. 631, §51 (AFF).]
D. Name, address and telephone number of the qualifying patient's physician; [IB 2009, c. 1, §5 (NEW).]
E. Name, address and date of birth of each primary caregiver, if any, named by the qualifying patient; [2009, c. 631, §28 (AMD); 2009, c. 631, §51 (AFF).]
F. If the qualifying patient names one or 2 primary caregivers, an indication of which person, if any, is designated to cultivate marijuana for the qualifying patient's medical use. Only one person may be allowed to cultivate marijuana for a registered patient; and [2009, c. 631, §28 (AMD); 2009, c. 631, §51 (AFF).]
G. If the qualifying patient elects to cultivate marijuana for the qualifying patient's own medical use, the qualifying patient shall indicate that choice on the application. [2009, c. 631, §28 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §28 (AMD); 2009, c. 631, §51 (AFF) .]
2. Issuing patient registry identification card to minor child. The department may not register and issue a registry identification card to a qualifying patient who is under 18 years of age unless:
A. The qualifying patient's physician has explained the potential risks and benefits of the medical use of marijuana to the qualifying patient and to a parent, guardian or person having legal custody of the qualifying patient; [2009, c. 631, §29 (AMD); 2009, c. 631, §51 (AFF).]
B. The parent, guardian or person having legal custody consents in writing to:
(1) Allow the qualifying patient's medical use of marijuana;
(2) Serve as one of the qualifying patient's registered primary caregivers; and
(3) Control the acquisition of the marijuana, the dosage and the frequency of the medical use of marijuana by the qualifying patient; and [2009, c. 631, §29 (AMD); 2009, c. 631, §51 (AFF).]
C. Except with regard to a qualifying patient who is eligible for hospice care, the commissioner or the commissioner's designee has approved an application for the medical use of marijuana by the qualifying patient. Prior to approving an application under this paragraph, the commissioner or the commissioner's designee must have received confirmation from a pediatrician and a psychiatrist chosen from a list maintained by the advisory board established under section 2424, subsection 2 that the pediatrician and psychiatrist have reviewed the medical file of or examined the qualifying patient and that in their professional opinions the qualifying patient is likely to receive therapeutic or palliative benefit from the medical use of marijuana to treat or alleviate the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition. If the commissioner or commissioner's designee fails to approve or disapprove a recommendation under this paragraph within 10 days of receipt of the statements of the pediatrician and psychiatrist under this paragraph, the application is deemed approved. [2009, c. 631, §29 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §29 (AMD); 2009, c. 631, §51 (AFF) .]
3. Department approval or denial. The department shall verify the information contained in an application or renewal submitted pursuant to this section and shall approve or deny an application or renewal within 30 days of receiving it. The department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section or the department determines that the information provided was falsified. Rejection of an application or renewal is considered a final agency action, subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
[ IB 2009, c. 1, §5 (NEW) .]
3-A. Department revocation. The department may revoke a registry identification card for violation of this chapter and the rules adopted under this chapter. Revocation is considered a final agency action, subject to judicial review under Title 5, chapter 375, subchapter 7.
[ 2009, c. 631, §30 (NEW); 2009, c. 631, §51 (AFF) .]
4. Primary caregiver registry identification card. The department shall issue a registry identification card to each registered primary caregiver, if any, who is named in a registered patient's approved application pursuant to subsection 1, paragraph E.
[ 2009, c. 631, §31 (AMD); 2009, c. 631, §51 (AFF) .]
5. Registry identification card issuance. The department shall issue registry identification cards to registered patients , to registered primary caregivers and to staff of hospice providers and nursing facilities named as primary caregivers within 5 days of approving an application or renewal under this section. Registry identification cards expire one year after the date of issuance. Registry identification cards must contain:
A. The name, address and date of birth of the patient; [2009, c. 631, §32 (AMD); 2009, c. 631, §51 (AFF).]
B. The name, address and date of birth of each registered primary caregiver, if any, of the patient; [2009, c. 631, §32 (AMD); 2009, c. 631, §51 (AFF).]
C. The date of issuance and expiration date of the registry identification card; [IB 2009, c. 1, §5 (NEW).]
D. A random identification number that is unique to the cardholder; [IB 2009, c. 1, §5 (NEW).]
E. A photograph, if required by the department ; and [2009, c. 631, §32 (AMD); 2009, c. 631, §51 (AFF).]
F. For a registered primary caregiver, a clear designation showing whether the cardholder is allowed under this chapter to cultivate marijuana plants for the patient's medical use. [2009, c. 631, §32 (AMD); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §32 (AMD); 2009, c. 631, §51 (AFF) .]
6. Notification of changes in status or loss of card. This subsection governs notification of changes in status or the loss of a registry identification card.
A. A registered qualifying patient shall notify the department within 10 days of any change in the registered qualifying patient's name, address, primary caregiver or preference regarding who may cultivate marijuana for the registered qualifying patient or if the registered qualifying patient ceases to have a debilitating medical condition. [IB 2009, c. 1, §5 (NEW).]
B. A registered qualifying patient who fails to notify the department as required under paragraph A commits a civil violation for which a fine of not more than $150 may be adjudged. If the registered qualifying patient's certifying physician notifies the department in writing that the registered qualifying patient has ceased to suffer from a debilitating medical condition, the registered qualifying patient's registry identification card becomes void upon notification by the department to the qualifying patient. [IB 2009, c. 1, §5 (NEW).]
C. A registered primary caregiver shall notify the department of any change in the caregiver's name or address within 10 days of such change. A registered primary caregiver who fails to notify the department of any of these changes commits a civil violation for which a fine of not more than $150 may be adjudged. [IB 2009, c. 1, §5 (NEW).]
D. When a registered qualifying patient or registered primary caregiver notifies the department of any changes listed in this subsection, the department shall issue the registered qualifying patient and each registered primary caregiver a new registry identification card within 10 days of receiving the updated information and a $10 fee. [IB 2009, c. 1, §5 (NEW).]
E. When a registered qualifying patient changes the patient's registered primary caregiver, the department shall notify the old primary caregiver within 10 days. The old primary caregiver's protections as provided in this chapter expire 10 days after notification by the department. [IB 2009, c. 1, §5 (NEW).]
F. If a cardholder loses the cardholder's registry identification card, the cardholder shall notify the department and submit a $10 fee within 10 days of losing the card. Within 5 days after such notification, the department shall issue a new registry identification card with a new random identification number. [IB 2009, c. 1, §5 (NEW).]
[ IB 2009, c. 1, §5 (NEW) .]
7. Possession of or application for registry identification card is not evidence of unlawful conduct or a basis for a search. Possession of a registry identification card by a cardholder, or the act of applying for such a card, is not evidence of unlawful conduct and may not be used to support the search of that person or that person's property. The possession of or application for a registry identification card does not prevent the issuance of a warrant if probable cause exists on other grounds.
[ 2009, c. 631, §33 (RPR); 2009, c. 631, §51 (AFF) .]
8. Confidentiality. This subsection governs confidentiality.
A. Applications and supporting information submitted by qualifying and registered patients under this chapter, including information regarding their primary caregivers and physicians, are confidential. [2009, c. 631, §34 (AMD); 2009, c. 631, §51 (AFF).]
B. Applications and supporting information submitted by primary caregivers and physicians operating in compliance with this chapter are confidential. [2009, c. 631, §34 (AMD); 2009, c. 631, §51 (AFF).]
C. The department shall maintain a confidential list of the persons to whom the department has issued registry identification cards. Individual names and other identifying information on the list are confidential, exempt from the freedom of access laws, Title 1, chapter 13, and not subject to disclosure except as provided in this subsection and to authorized employees of the department as necessary to perform official duties of the department. [2009, c. 631, §34 (AMD); 2009, c. 631, §51 (AFF).]
D. The department shall verify to law enforcement personnel whether a registry identification card is valid without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card. [IB 2009, c. 1, §5 (NEW).]
E. [2009, c. 631, §34 (RP); 2009, c. 631, §51 (AFF).]
F. Applications, supporting information and other information regarding a registered dispensary are not confidential except that information that is contained within dispensary information that identifies a registered patient, the patient's physician and the patient's registered primary caregivers is confidential. [2009, c. 631, §34 (NEW); 2009, c. 631, §51 (AFF).]
G. Records maintained by the department pursuant to this chapter that identify applicants for a registry identification card, registered patients, registered primary caregivers and registered patients' physicians are confidential and may not be disclosed except as provided in this subsection and as follows:
(1) To department employees who are responsible for carrying out this chapter;
(2) Pursuant to court order;
(3) With written permission of the patient or the patient's guardian, if the patient is under guardianship, or a parent, if the patient has not attained 18 years of age;
(4) As permitted or required for the disclosure of health care information pursuant to section 1711‐C;
(5) To a law enforcement official for law enforcement purposes. The records may not be disclosed further than necessary to achieve the limited goals of a specific investigation; and
(6) To a patient's treating physician and to a patient's primary caregiver for the purpose of carrying out this chapter. [2009, c. 631, §34 (NEW); 2009, c. 631, §51 (AFF).]
H. This subsection does not prohibit a physician from notifying the department if the physician acquires information indicating that a registered or qualifying patient is no longer eligible to use marijuana for medical purposes or that a registered or qualifying patient falsified information that was the basis of the physician's certification of eligibility for use. [2009, c. 631, §34 (NEW); 2009, c. 631, §51 (AFF).]
I. The department may disclose to an agency of State Government designated by the commissioner and employees of that agency any information necessary to produce registry identification cards or manage the identification card program and may disclose data for statistical or research purposes in such a manner that individuals cannot be identified. [2009, c. 631, §34 (NEW); 2009, c. 631, §51 (AFF).]
J. A hearing concerning the revocation of a registry identification card under subsection 3-A is confidential. If a registry identification card is revoked, the findings of the hearing and the revocation are public information. [2009, c. 631, §34 (NEW); 2009, c. 631, §51 (AFF).]
K. Except as otherwise provided in this subsection, a person who knowingly violates the confidentiality of information protected under this chapter commits a civil violation for which a fine of up to $1,000 may be imposed. This paragraph does not apply to a physician or staff of a hospice provider or nursing facility named as a primary caregiver or any other person directly associated with a physician or a hospice provider or nursing facility that provides services to a registered patient. [2009, c. 631, §34 (NEW); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §34 (AMD); 2009, c. 631, §51 (AFF) .]
9. Revocation of registry identification card. The department shall revoke the registry identification card of a cardholder who sells, furnishes or gives marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter. A cardholder who sells, furnishes or gives marijuana to a person who is not allowed to possess marijuana for medical purposes under this chapter is liable for any other penalties for selling, furnishing or giving marijuana to a person. The department may revoke the registry identification card of any cardholder who violates this chapter, and the cardholder is liable for any other penalties for the violation.
[ 2009, c. 631, §35 (AMD); 2009, c. 631, §51 (AFF) .]
10. Annual report. The department shall submit to the Legislature an annual report by April 1st each year that does not disclose any identifying information about cardholders or physicians, but does contain, at a minimum:
A. The number of applications and renewals filed for registry identification cards; [IB 2009, c. 1, §5 (NEW).]
B. The number of qualifying patients and primary caregivers approved in each county; [IB 2009, c. 1, §5 (NEW).]
C. The nature of the debilitating medical conditions of the qualifying patients; [IB 2009, c. 1, §5 (NEW).]
D. The number of registry identification cards revoked; [IB 2009, c. 1, §5 (NEW).]
E. The number of physicians providing written certifications for qualifying patients; [IB 2009, c. 1, §5 (NEW).]
F. The number of registered dispensaries; and [2009, c. 631, §36 (AMD); 2009, c. 631, §51 (AFF).]
G. The number of principal officers, board members and employees of dispensaries. [2009, c. 631, §36 (AMD); 2009, c. 631, §51 (AFF).]
[ 2009, c. 631, §36 (AMD); 2009, c. 631, §51 (AFF) .]
SECTION HISTORY
IB 2009, c. 1, §5 (NEW). 2009, c. 631, §§28-36 (AMD). 2009, c. 631, §51 (AFF).