16 Del. Admin. Code § 4470-3.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4470-3.0 - Qualifying Patient Identification Card Application Requirements

3.1 The Department shall issue a registry identification card to an applicant for the purpose of participating in the medical marijuana program upon the written certification of the applicant's physician, supporting application documents and a non-refundable application fee with a personal check or a cashier's check made out to "State of Delaware-MMP". The following information must be provided in the participant enrollment form submitted to the Department in order for a registry identification card to be obtained and processed.

3.2 An attached original written certification for patient eligibility form shall contain:

3.2.1 The name, address and telephone number of the applicant's physician;

3.2.2 The physician's clinical licensure;

3.2.3 The patient applicant's name and date of birth;

3.2.4 The medical justification for the physician's certification of the patient's debilitating medical condition;

3.2.5 The physician's signature and date;

3.2.6 The name and address of the applicant as they appear on the applicant's government issued ID card, and date of birth of the applicant;

3.2.7 The name, address and date of birth of the applicant's primary caregiver or caregivers, if any;

3.2.8 A reasonable xerographic copy of the applicant's Delaware driver's license or comparable State of Delaware or federal issued photo identification card verifying Delaware residence; State of Delaware issued identification card must be available for inspection/verification;

3.2.9 The length of time the applicant has been under the care of the physician providing the medical provider certification for patient eligibility;

3.2.10 The applicant's signature and date; and

3.2.11 A signed consent for release of medical information related to the patient's debilitating medical condition, on a form provided by the medical marijuana program.

3.2.12 A designation of type of card: Adult Patient, Pediatric Patient, Compassionate Use Adult Patient, Compassionate Use Pediatric Patient, or CBD-Rich Adult Patient.

3.3 If the qualifying patient is under the charge of a Responsible Party as defined in these regulations:

3.3.1 The Responsible Party must be identified on the application.

3.3.2 If the qualifying patient is of an age where an ID to meet subsections 3.2.6 and 3.2.8 above has not been issued, the Responsible Party's ID shall be used. If the qualifying patient has a government issued ID, information and IDs for both individuals shall meet subsections 3.2.6 and 3.2.8 above.

3.3.3 If the patient is under the age of 18, the physician must be a pediatric neurologist, pediatric gastroenterologist, pediatric oncologist, pediatric psychiatrist, developmental pediatrician or pediatric palliative care specialist and certify that:

3.3.3.1 The qualifying patient has any of the following related to a terminal illness: pain, anxiety or depression; or

3.3.3.2 The qualifying patient has intractable epilepsy or seizure disorder;

3.3.3.3 The qualifying patient has a chronic or debilitating disease or medical condition where the patient has failed treatment involving one or more of the following symptoms: cachexia or wasting syndrome; intractable nausea; severe, painful and persistent muscle spasms; or chronic debilitating migraines and new daily persistent headache that are refractory to conventional treatment and interventions; or

3.3.3.4 The qualifying patient has severe debilitating autism.

3.3.4 Patients under the age of 18 will have distinctive identifying banner on their patient identification card limiting the patient to marijuana oil purchases only.

3.3.5 Responsible Parties for qualifying patients under the age of 18 will be issued an identification card with the same type of 10-digit alphanumeric identifier provided to the minor in question.

3.4 The Department shall issue a compassionate use card to an eligible individual who submits all of the following:

3.4.1 A signed statement from the patient's physician that includes statements attesting to all of the following:

3.4.1.1 The patient has a severe and debilitating condition;

3.4.1.2 All current standard care practices and treatments have been exhausted and have been ineffective or the side effects are prohibitive with continued use;

3.4.1.3 The physician will re-evaluate and document the efficacy of medical marijuana treatment;

3.4.1.4 There are grounds supporting the potential for the patient to benefit from using medical marijuana;

3.4.1.5 The treating physician must detail how medical marijuana will be integrated into the patient's comprehensive treatment plan, identifying all wrap-around services including counseling, other medications, or specialty care. The Department will review the comprehensive treatment plan, including the re-evaluation interval.

3.4.1.6 If the patient is an adult, a signed statement from the patient acknowledging the patient's informed consent to treatment with medical marijuana and that the patient knows that there is limited or no evidence associated with medical marijuana's effectiveness in treating a condition that is not a debilitating medical condition under this chapter.

3.4.1.6.1 If the patient is under 18 years of age, a signed statement from the patient's parent or legal guardian acknowledging the patient's informed consent to treatment with medical marijuana and that the patient's parent or legal guardian knows that there is limited or no evidence associated with medical marijuana's effectiveness in treating a condition that is not a debilitating medical condition under this chapter.

3.4.2 The physician certifying a patient for a compassionate use card will re-evaluate the efficacy of medical marijuana treatment at the following intervals:

3.4.2.1 For substance use disorder diagnoses, re-evaluate after 15 days for the first 90 days, and every 30 days thereafter;

3.4.2.2 For mental health disorder diagnoses, re-evaluate every 30 days;

3.4.2.3 For autoimmune disease diagnoses, re-evaluate every 30 days for the first 90 days, and every 90 days thereafter; and

3.4.2.4 For other conditions, re-evaluate every 30 days, unless otherwise indicated or waived by the Department.

3.4.3 The timeframe for reevaluation begins on the date the card is issued.

3.4.4 The physician certifying a patient for a compassionate use card may require the re-evaluation of the patient at shorter intervals than listed if appropriate.

3.4.5 Updated documentation of the re-evaluations for the compassionate use card must be transmitted to the Department by the certifying practice within five business days of the re-evaluation interval to prevent the compassionate use card from entering a suspension status.

3.5 CBD-Rich Medical Marijuana

3.5.1 The Department shall issue a CBD-Rich card to a qualifying patient whose provider has certified that their debilitating medical condition is anxiety.

3.5.2 A patient who qualifies for a CBD-Rich card may only purchase Cannabidiol-Rich medical marijuana products.

3.5.3 Any condition that is authorized under the Medical Marijuana Act for adult patients 18 years and older may be treated with CBD-Rich medical marijuana.

16 Del. Admin. Code § 4470-3.0

17 DE Reg. 738(1/1/2014)
19 DE Reg. 409(11/1/2015)
23 DE Reg. 667(2/1/2020)
24 DE Reg. 485( 11/1/2020) (Final)