Ala. Admin. Code r. 538-X-2-.05

Current through Register Vol. 43, No. 1, October 31, 2024

Section 538-X-2-.05 - Patient Registration

(1) To qualify for placement on the registry, a prospective patient must:

(a) Be an Alabama resident.

(b) Establish and maintain a bona fide physician-patient relationship with a registered certifying physician who (acting individually or through a designated representative) shall submit a complete patient registration submission.

(c) Become certified by a registered certifying physician who has diagnosed or confirmed a qualifying condition and has recommended the patient's use of medical cannabis.

(d) Consent to treatment with medical cannabis. If the patient is a minor or individual with a court-appointed legal guardian, the prospective patient's parent or legal guardian shall consent to treatment with medical cannabis.

(e) Remit to the Commission the application fee as set by the Commission.

(2) Only a patient, a patient's caregiver, or a registered certifying physician with whom a prospective patient has a bona fide physician-patient relationship (acting individually or through the physician's designated representative) shall submit the patient registration. For a registration submission related to a patient who is 19 years of age or older to be considered complete, a completed certification from a registered certifying physician, applicable patient registration fee, and the following items must be submitted to the Patient Registry, notwithstanding but in addition to any that may otherwise be required by the Board of Medical Examiners:

(a) Patient's full name, residential address, telephone number, date of birth, and electronic mailing address.

(b) If applicable, caregiver's full name, residential address, telephone number, date of birth, and electronic mailing address.

(c) Patient's government-issued identification (such as a driver's license, Alabama Identification Card or Social Security Card). Patients must present a registered certifying physician with an unexpired driver's license, unexpired Alabama Identification Card, unexpired passport, Social Security Card, Birth Certificate, or other documentation proving identity as may be approved by the Commission.

(d) A digital color photograph of the patient taken no more than 30 days prior to submission of the patient registration.

(e) Registered certifying physician's full name (first name and last name); specialty; professional entity or affiliation, if any; business street address; telephone number; and email address.

(f) Registered certifying physician's Alabama Medical Cannabis Certification Permit Identification Number and medical license number issued by the State Board of Medical Examiners.

(g) Date medical cannabis certification was issued by the registered certifying physician.

(h) Indication whether the certification is new or a renewal.

(i) The following written attestations of the prospective patient or caregiver:

1. That the registered certifying physician has explained the possible risks and benefits associated with the use of medical cannabis;

2. That the registered certifying physician has obtained the patient's or caregiver's consent to treatment with medical cannabis; and

3. That the patient has agreed to comply with the provisions of the Act and this Chapter.

(j) The following written attestations of the registered certifying physician:

1. That the prospective patient has a bona-fide patient-physician relationship with, and is currently under the care of, the registered certifying physician;

2. That the prospective patient has a qualifying medical condition under the Act; naming the condition; and if a terminal illness, specifying the terminal illness;

3. That conventional medical treatment or therapy has failed (as defined further below), or that use of cannabis is the standard of care under the circumstances;

4. That the patient is suitable to receive treatment or therapy through the use of medical cannabis;

5. That the registered certifying physician has complied with all requirements imposed by the Rules promulgated by the State Board of Medical Examiners; and

6. That the patient or caregiver has provided voluntary informed written consent as to the following matters required by § 20-2A-33 {5), Code of Ala. 1975, (as amended):

(i) The federal and state classification of cannabis as a Schedule I controlled substance.

(ii) The approval and oversight status of cannabis by the Food and Drug Administration.

(iii) The current state of research on the efficacy of cannabis to treat the qualifying medical condition or conditions.

(iv) The potential for addiction.

(v) The potential effect that cannabis may have on a patient's coordination, motor skills, and cognition, including a warning against operating heavy machinery, operating a motor vehicle, or engaging in activities that require an individual to be alert or respond quickly.

(vi) The potential side effect of cannabis use.

(vii) The risks, benefits, and drug interactions of cannabis.

(viii) A statement that the use of medical cannabis could result in termination from employment without recourse and those costs may not be covered by insurance or government programs.

(ix) That the patient's de-identified health information contained in the patient's medical record, patient registry may be used for research purposes or used to monitor compliance with this Chapter, as further provided in § 20-2A-35 (c}, Code of Ala. 1975, (as amended).

(k) Such other information as the Commission may reasonably require, as set forth on the patient registry form.

(3) If a prospective patient is younger than 19 years of age or has a court-appointed legal guardian, a patient registration submission is incomplete unless it is accompanied by a caregiver registration submission in accordance with the Act and this Chapter. Patients who become 19 years of age while their prior registration remains valid may apply for a new registration either immediately or in accordance with the renewal process under paragraph 9. of this rule. A submission from a patient that includes all information found in paragraph 2. of this rule shall be considered complete.

(4) A complete patient registration submission must be received by the Commission within 60 calendar days of the date of certification by the registered certifying physician. Failure to comply with this requirement results in a "stale registration" as defined in this Chapter and renders the recommendation void.

(5) If a registration submission is determined to be inaccurate or incomplete, the Commission shall note a deficiency on the patient registry and send the prospective patient notice of the deficiency. If the deficiency is not corrected within 60 calendar days from the date the registration was submitted, the lack of progress on the submission results in a "stale registration" as defined in this Chapter and renders the recommendation void.

(6) Prospective patients must provide proof of Alabama residency to their registered certifying physician or the physician's representative during the registration submission process. Proof of Alabama residency shall include one of the following:

(a) The prospective patient's unexpired Alabama driver's license;

(b) The prospective patient's unexpired Alabama identification card issued by the Alabama Law Enforcement Agency (ALEA);

(c) The prospective patient's unexpired United States Passport demonstrating Alabama residency;

(d) A current certificate of enrollment from a qualified Alabama public or private educational institution; or

(e) Any other identification (e.g., military I.D.), proving Alabama residency as approved by the Commission.

(7) A patient registration shall be valid from the date of issuance and expire one year later.

(8) The Commission shall send a notification to each patient 45 calendar days before the expiration date on the patient's medical cannabis card.

(9) To maintain a valid patient registration, a patient must annually renew, before the expiration date stated on the patient's medical cannabis card. Renewal submissions, fees, and required documentation must be submitted not less than 14 calendar days before the expiration date on the patient's medical cannabis card. Failure to renew a patient registration will result in an automatic expiration of the medical cannabis card.

Ala. Admin. Code r. 538-X-2-.05

Adopted by Alabama Administrative Monthly Volume XL, Issue No. 11, August 31, 2022, eff. 10/15/2022.

Author: William H. Webster

Statutory Authority:Code of Ala. 1975, §§ 20-2A-22, as amended.