Haw. Code R. § 11-160-16 - Qualifying patient and primary caregiver registration requirements

(a) To apply for or renew a qualifying patient's registration, an applicant shall submit the following to the department on a form and in a manner prescribed by the department:

(1) The qualifying patient's full name, residential, mailing, and email addresses, date of birth, and signature;

(2) For a qualifying patient who is a minor or an adult lacking legal capacity, the full name, residential, mailing, and email addresses, and date of birth of a parent, guardian, or person having legal custody of the minor or the adult lacking legal capacity;

(3) A written certification from the qualifying patient's certifying physician or certifying advanced practice registered nurse;

(4) A statement of whether the qualifying patient or the primary caregiver will be cultivating cannabis, if at all, for the qualifying patient's use;

(5) The location of the grow site, if any;

(6) Whether the qualifying patient or the primary caregiver is claiming the grow site as the qualifying patient's or primary caregiver's residential address or other location under the qualifying patient's or primary caregiver's ownership or control;

(7) An attestation by the qualifying patient or the primary caregiver that the qualifying patient or the primary caregiver resides at, owns, or controls the grow site;

(8) A clear photocopy of the qualifying patient's identification document showing the patient identification number;

(9) A consent by the qualifying patient or the qualifying patient's parent, guardian, or person having legal custody of the qualifying patient if the qualifying patient is a minor or an adult lacking legal capacity, for the certifying physician or certifying advanced practice registered nurse to release health information pertaining to the qualifying patient's debilitating medical condition to the department for the purpose of registration, monitoring, or investigation;

(10) If the qualifying patient is a minor or an adult lacking legal capacity, written consent by the parent, guardian, or person having legal custody of the qualifying patient to:

(A) Allow the qualifying patient's medical use of cannabis;

(B) Serve as the qualifying patient's primary caregiver; and

(C) Control the acquisition of the cannabis, the dosage, and the frequency of the medical use of cannabis by the qualifying patient;

(11) If the qualifying patient is a minor or an adult lacking legal capacity, an attestation by the person applying to register the minor or the adult lacking legal capacity that the person is a parent, guardian, or person having legal custody; provided that the department may require documentation confirming the legal status of the parent, guardian, or person having legal custody of the qualifying patient, including, but not limited to, a birth certificate, power of attorney, guardianship documents, divorce decrees, or other court orders;

(12) An attestation that the information provided in the application is true and correct;

(13) An attestation that the qualifying patient has read, understands, and agrees to abide by part IX of chapter 329, HRS, and this chapter;

(14) Payment of registration fees in accordance with section 11-160-17; and

(15) Any other information reasonably required by the department to process a qualifying patient's registration, to determine the qualifying patient's suitability for registration, or to protect public health and safety.

(b) If the qualifying patient is designating a primary caregiver, an applicant shall submit the following to the department on a form and in a manner prescribed by the department:

(1) The primary caregiver's full name, residential and mailing addresses, date of birth, and signature;

(2) A photocopy of the primary caregiver's valid driver's license issued by a state or territory of the United States or the District of Columbia, identification card with photo issued by a state or territory of the United States or the District of Columbia, or current passport;

(3) An attestation by the primary caregiver that the primary caregiver agrees to undertake responsibility for managing the well-being of the qualifying patient with respect to the medical use of cannabis;

(4) An attestation by the primary caregiver that the primary caregiver meets all of the primary caregiver requirements pursuant to section 11-160-26; and

(5) Any other information reasonably required by the department to process a qualifying patient's registration, to determine the qualifying patient's suitability for registration, or to protect public health and safety.

(c) The department may register two primary caregivers for a qualifying patient who is a minor; provided that each primary caregiver is a parent, guardian, or person having legal custody of the qualifying patient; provided further that each primary caregiver shall comply with subsection (b) and sections 11-160-26 and 11-160-27.

Notes

Haw. Code R. § 11-160-16

Eff 7/18/2015 (Auth: HRS § 321-9) (Imp: HRS §§ 329-121, 329-122, 329-123) Am and comp 2/25/2019 (Imp: SLH 2017, Act 170, §2)