Haw. Code R. § 23-202-8 - Written certification/registry identification forms and verification

(a) department shall create registry identification registration forms and physician written certification forms for the medical use of marijuana and issue them to requesting physicians. The written certification /registry identification forms shall be issued by the department and serve as the physician's written certification and the registration forms for the qualifying patient and any primary caregiver. Physicians shall submit the completed qualifying patient and primary caregiver written certification/registry identification forms which shall include the names, patient identification numbers, date of birth, addresses and other information required by the department. The written certification/registry identification forms shall serve as the physician's written certification that the qualifying patient has been diagnosed with a debilitating medical condition; and that the physician has certified that in the physician's professional opinion, the potential benefits of the medical use of marijuana would likely outweigh the health risks for the particular qualifying patient.

(b) Except as provided in subsection (d), the department shall issue a registry identification certificate to any qualifying patient authorized by a physician to utilize marijuana for medical purposes, who pays a fee in the amount established by the department, and who provides to the department a completed registration form that has been verified and approved.

(c) Written certification/registry identification forms are deemed complete when the qualifying patient's physician supplies all of the following information:

(1) Completed copy of the written certification/registry identification forms, and parent/legal guardian (if applicable) forms;

(2) The qualifying patient and the primary caregiver (if applicable) must provide a copy of photo identification (i.e., Hawaii driver's license, State of Hawaii identification card, or passport) with the written certification/registry identification forms; and

(3) Optional information may be added to registration forms at the discretion of the department if the information serves the best interest of the qualifying patient and assists agencies in the implementation of Act 228, SLH 2000, Medical Use of Marijuana.

(d) The department shall issue a registry identification certificate to a patient who is under eighteen years of age if the patient submits the materials required under subsection (a), and one of the patient's parents or legal guardians signs and has notarized a written declaration that states:

(1) The patient's attending physician has explained to the patient and to one of the patient's parents or legal guardians the possible risks and benefits of the medical use of marijuana;

(2) The parent or legal guardian consents to the use of marijuana by the patient for medical purposes;

(3) The parent or legal guardian agrees to serve as the patient's designated primary caregiver; and

(4) The parent or legal guardian agrees to control the acquisition of marijuana and the dosage and frequency of use by the, patient.

(e) The department shall verify information on all initial registration forms and written documentation.

(1) The department shall contact each qualifying patient and primary caregiver (if appropriate) by phone or by mail to confirm that the information provided is accurate. In cases where the qualifying patient is less than eighteen years old, the department also shall contact the parent or legal guardian to verify the information. In cases where proof of identify is uncertain, the department may require a face-to-face meeting with the qualifying patient or primary caregiver or the production of additional identification materials for verification purposes or both; and

(2) The department shall verify that the attending physician is licensed to practice in the State under chapters 453 and 460, Hawaii Revised Statutes, and is currently registered under section 329-32, Hawaii Revised Statutes. The department shall also contact each attending physician by phone or by mail to confirm that the information provided is accurate.

(f) Upon annual renewal of a registration, the department shall verify all new information and may verify,preformation that has not changed.

Notes

Haw. Code R. § 23-202-8

[Eff DEC 28 2000] (Auth: HRS §§ 329-31, 353C-2) (Imp: HRS §§ 329-123, 353C-2)