N.H. Admin. Code § He-C 401.13

Current through Register No. 50, December 12, 2024

Section He-C 401.13 - Requirements for Notifications

(a) A qualifying patient shall notify the department in writing of any of the following:

(1) A change to the qualifying patient's name or address, within 10 days of such change;

(2) The designation of a caregiver if the patient has not already done so on an initial or renewal application, the removal of a designated caregiver, or both;

(3) A change to the qualifying patient's designated ATC; or

(4) A registry identification card has been lost, stolen, or destroyed, within 10 days of the discovery of the loss, theft, or destruction.

(b) A designated caregiver shall notify the department in writing of any of the following:

(1) A change to the designated caregiver's name or address, within 10 days of such change;

(2) A change to the designated caregiver's qualifying patient(s);

(3) A registry identification card has been lost, stolen, or destroyed, within 10 days of the discovery of the loss, theft, or destruction; or

(4) Immediately upon being convicted of a felony in this or any other state.

(c) The notifications in (a)(1), (3), and (4) and (b)(1) and (3) above may be on a "Change of Information / Lost Card" form, which shall include the following information:

(1) Name, date of birth, and phone number;

(2) For a name or address change, the new name, address, or both;

(3) For change of ATC, the current ATC and the new ATC; and

(4) For a replacement registry identification card, indication that a registry identification card has been lost, stolen, or destroyed, and the submission of the required fee pursuant to He-C 401.14(b)(4).

(d) The notifications in (a)(2) and (b)(2) above may be on a "Caregiver Designation / Removal" form, which shall include the following information, as applicable:

(1) To be completed by the qualifying patient:

a. The qualifying patient's name, date of birth, and registry identification card number;

b. The name of the person(s) being designated, removed, or both, as the qualifying patient's designated caregiver; and

c. The qualifying patient's dated signature; and

(2) To be completed by the designated caregiver:

a. The designated caregiver's name and date of birth;

b. Acceptance of the designation to act as a caregiver for the qualifying patient listed in (1)a. above;

c. Indication that the caregiver is either:

1. Currently a designated caregiver, and the current registry identification card number; or

2. Not currently a designated caregiver, and that the individual understand that a separate and complete caregiver application must be submitted to the department;

d. Indication that the designated caregiver shall no longer serve as designated caregiver for the qualifying patient listed on the form; and

e. The designated caregiver's dated signature.

(e) If a qualifying patient's certifying provider provides written notice to the department pursuant to He-C 401.06(f) and (g) to rescind or otherwise withdraw a written certification which the provider previously issued, the qualifying patient's:

(1) Application shall be considered incomplete if the registry identification card has not yet been issued, and the applicant shall be issued a refund of the application fee; or

(2) Registry identification card shall become void upon notification by the department to the qualifying patient.

(f) Upon learning of the death of a qualifying patient, a surviving family member, caretaker, executor, or the qualifying patient's designated caregiver shall:

(1) Notify the department that the qualifying patient has died, within 5 days of the death; and

(2) Within 5 days of the death, dispose of any remaining cannabis by either:

a. Requesting a local law enforcement agency to remove the remaining cannabis; or

b. Mixing the remaining cannabis with other ingredients such as soil to render it unusable.

(g) As applicable, the department shall notify a qualifying patient or designated caregiver of any changes described in (a) through (f) above regarding their designated caregiver or qualifying patient, respectively.

(h) A new registry identification card shall be issued within 20 days for any change to a qualifying patient's or designated caregiver's name or address.

(i) If a qualifying patient or designated caregiver loses their registry identification card, whether due to loss, theft, or destruction:

(1) They shall notify the department in writing within 10 days of losing the card;

(2) They shall submit payment of a fee pursuant to RSA 126-:4, I(f)X, and He-C 401.14(b)(4) if they want a replacement card; and

(3) Within 5 days of such notification and payment, the department shall issue a new registry identification card.

(j) A designated caregiver's registry identification card shall become void upon notification by the department to the designated caregiver that all the qualifying patients for whom the individual is acting as designated caregiver either have lost their status as qualifying patients or have rescinded or otherwise ended the designation.

(k) A voided registry identification card in (j) above shall be reactivated if a new qualifying patient designates the caregiver, and the designated caregiver accepts that designation, within the designated caregiver's current registration period.

(l) A registry identification card that is outdated, has expired, has been voided, except in the case of (j) above, or has been revoked shall be destroyed by the cardholder.

N.H. Admin. Code § He-C 401.13

Adopted byVolume XXXIV Number 33, Filed August 14,2014, Proposed by #10646, Effective 8/1/2015.

Amended by Volume XXXV Number 45, Filed November 12, 2015, Proposed by #10964, Effective 11/2/2015, Expires 11/2/2025.

Amended by Volume XLI Number 32, Filed August 12, 2021, Proposed by #13220, Effective 7/1/2021, Expires 7/1/2031.