Ala. Admin. Code r. 538-X-2-.09

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

Section 538-X-2-.09 - Voluntary Relinquishment Or Termination Of Medical Cannabis Card

(1) At any time, a patient or caregiver may voluntarily relinquish their certification as such by written notification to the certifying physician or the Commission.

(2) The registered certifying physician or the physician's designated representative shall inform the Commission by notation on the patient registry within 72 hours of (1) receiving written notification of the patient's or caregiver's decision to voluntarily relinquish the patient's or caregiver's medical cannabis certification; (2) determining that a patient is no longer under a diagnosis of a qualifying condition; (3) being notified of the death of the patient or caregiver; or (4) learning that the caregiver has quit, been terminated, or for any other reason is no longer acting as caregiver with respect to the patient.

(3) The employer of a professional caregiver employed by a hospital, long-term care facility or hospice program licensed under Alabama law shall inform the Commission by notation on the patient registry within 72 hours of (1) being notified of the death of the patient or caregiver; or (2) learning that the caregiver has quit, been terminated, or for some other reason is no longer acting as caregiver with respect to the patient.

(4) A patient or caregiver may, upon learning from a licensed certifying physician that the patient no longer has a diagnosis of a qualifying condition:

(a) Inform the Commission, by notation on the patient registry, of the patient's intention to dispute or obtain documentation of an alternate qualifying condition (resulting in the suspension and not the revocation of the patient's certification);

(b) Obtain and cause to be submitted, within 30 days, documentation from another qualified licensed certifying physician that, despite the prior physician's change in diagnosis, the patient has a diagnosis of a qualifying condition; however, failure to submit the required documentation within 30 days shall result in the revocation of the patient's certification, thereafter requiring full documentation and payment of the application fee to resubmit.

(5) No patient or caregiver may maintain an active registration (as demonstrated by a valid medical cannabis card) without an active diagnosis of a qualifying medical condition as provided in the Act or these Rules. Medical cannabis shall not be purchased or otherwise obtained without an active certification from a licensed certifying physician as demonstrated by a valid medical cannabis card. A suspended certification prohibits the patient or caregiver from possessing, ingesting, administering, or purchasing medical cannabis.

(6) If a patient's medical cannabis card has been suspended or revoked, the medical cannabis card of the patient's caregiver applicable to that patient if any, likewise shall be suspended or revoked.

Ala. Admin. Code r. 538-X-2-.09

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.