935 CMR, § 501.020 - Temporary and Annual Registration of Personal Caregivers
(1) A Personal Caregiver shall apply for a
temporary or annual Registration Card according to the procedures set out in
935 CMR 501.020, unless otherwise provided by the Commission. An individual
shall be granted a temporary or an annual Registration Card prior to serving as
a Personal Caregiver for any Registered Qualifying Patient .
(2)
Temporary Caregiver
Registration Authorization.
(a) A
temporary caregiver authorization will allow the Caregiver , during the interim
period during which the patient has an effective and valid temporary Patient
Registration Card, to serve as a caregiver to a Qualifying Patient and access
MTCs and obtain medical-use Marijuana , Marijuana Products and MIPs on behalf of
a patient before the patient and Caregiver are issued annual Registration Cards
by the Commission.
(b) During the
time a Qualifying Patient has a temporary Patient Registration Card pursuant to
935 CMR 501.015(3), the patient may authorize a Personal Caregiver , who is 21
years of age or older, as their temporary caregiver . To authorize an individual
as a temporary caregiver , the patient shall complete the temporary caregiver
authorization form, generated by the patient's healthcare provider or printed
from the electronic patient portal by the patient, sign the form, and provide
the authorization form to the designated caregiver .
(c) To access MTCs and obtain medical-use
Marijuana , Marijuana Products and MIPs on behalf of a patient, the Caregiver
shall present the patient's temporary Registration Card , a completed and signed
temporary caregiver authorization form, and a government-issued identification
document.
(d) MTCs are responsible
for ensuring that Caregivers present proper documentation and verifying that
the temporary Registration Card is valid, before the Caregiver accesses the MTC
and purchases Marijuana , Marijuana Products or MIPs.
(e) It is the obligation of the MTC to track
and dispense only the amount allowed for a 14-day Supply .
(f) To obtain an annual Registration Card
after receiving a temporary Registration Card , a caregiver shall comply with
935 CMR 501.020(3) and complete the electronic registration process for review
by the Commission.
(3)
Annual Caregiver Registration Card
. To obtain an
annual Registration Card for a Personal Caregiver , a Registered Qualifying
Patient shall submit, in a form and manner determined by the Commission, the
following:
(a) The Personal Caregiver 's full
name, date of birth, address, telephone number, and email address if any, and a
statement that the individual is 21 years of age or older;
(b) Full name, date of birth, and address of
the Registered Qualifying Patient for whom the Personal Caregiver will be
providing assistance with the use of Marijuana for medical purposes;
(c) A copy of the Personal Caregiver 's
driver's license , government issued identification card, or other verifiable
identity document acceptable to the Commission;
(d) A statement of whether the Caregiver will
be cultivating Marijuana for the patient, and at what address;
(e) Written acknowledgment by the Personal
Caregiver of the limitations on his or her authorization to cultivate, possess,
and dispense to his or her Registered Qualifying Patient , Marijuana for medical
purposes in the Commonwealth;
(f)
An attestation by the Personal Caregiver that he or she shall not engage in the
diversion of Marijuana and that he or she understands that protections
conferred by M.G.L. c. 941, for possession of Marijuana for medical use are
applicable only within Massachusetts; and
(g) Any other information required by the
Commission.
(4) An annual
Registration Card will be valid for one year from the date of issue of the
temporary Registration Card , unless otherwise specified by the Commission, and
may be renewed, in a form and manner determined by the Commission, which
includes, but is not limited to, meeting the requirements in 935 CMR
501.020(3). The Commission will accept Registration Cards validly issued prior
to the Program Transfer . This Registration Card will remain valid until its
one-year anniversary date or until a new Registration Card is issued by the
Commission, whichever occurs first. On the issuance of a new Registration Card ,
the holder of the Registration Card shall destroy any previously issued
Registration Card (s) in a responsible manner that would prevent it from being
used as an identification or Registration Card .
(5) Except in the case of a visiting nurse,
home health aide, personal care attendant, or Immediate Family Member of more
than one Registered Qualifying Patient , an individual may not serve as a
Personal Caregiver for more than five Registered Qualifying Patient at one
time. If a Personal Caregiver wants to serve more than five patients, the
Personal Caregiver must seek a waiver pursuant to 935 CMR 501.850.
(6) A Registered Qualifying Patient may
designate up to two Personal Caregivers. A Personal Caregiver (s) may cultivate
Marijuana on behalf of the Registered Qualifying Patient at only one location.
Cultivation pursuant to a Hardship Cultivation Registration by a Personal
Caregiver constitutes agreement to comply with the requirements of Hardship
Cultivation Registration under 935 CMR 501.027.
(7) A Personal Caregiver may cultivate a
limited number of plants sufficient to maintain a 60-day supply of marijuana
for each Registered Qualifying Patient solely for that patient's use, except
that under no circumstances may a Personal Caregiver cultivate plants in excess
of 500 square feet of Canopy .
(8) A
Registered Qualifying Patient may add a second caregiver or change Personal
Caregiver (s) by providing notification in a form and manner determined by the
Commission, and providing the information required in 935 CMR 501.020(3) for
registration of Personal Caregivers.
(9) After obtaining a Registration Card , the
Personal Caregiver is responsible for notifying the Commission, in a form and
manner determined by the Commission, within five business days after any change
to the information that his or her Registered Qualifying Patient was previously
required to submit to the Commission, or after the Personal Caregiver discovers
that their Registration Card has been lost or stolen.
(10) A Personal Caregiver shall carry his or
her temporary or annual Registration Card at all times while in possession of
Marijuana .
Notes
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