Ohio Admin. Code 1301:18-10-01 - Procedure for patient registration

(A) An individual is mandated to register with the division of cannabis control and in accordance with this rule prior to purchasing, possessing, or administering medical cannabis.

(B) To qualify for placement on the registry, a prospective patient is to meet the following mandates:

(1) Establish and maintain a bona fide physician-patient relationship with a recommending physician;

(2) Receive a diagnosis or confirmation of a qualifying condition from the recommending physician;

(3) Submit a complete registration as outlined under paragraph (C) of this rule; and

(4) Unless otherwise provided pursuant to a reciprocal agreement under division (A) of section 3796.16 of the Revised Code, be an Ohio resident.

(C) Registration submission.

The recommending physician shall submit the following, in a manner prescribed by the division, on behalf of the patient:

(1) All of the following patient information:

(a) For a patient who is eighteen years of age or older, the following:

(i) Patient's full legal name;

(ii) Residential address;

(iii) Telephone number;

(iv) Electronic mail address;

(v) Qualifying condition(s);

(vi) The prospective patient's valid, unexpired government issued photographic identification number, evidencing that the individual is at least eighteen years of age; and

(vii) The following patient attestations:

(a) The physician has explained to the individual the possible risks and benefits associated with the use of medical cannabis;

(b) The individual consents to treatment with medical cannabis; and

(c) The individual agrees to comply with Chapters 2925., 3780., and 3796. of the Revised Code and division 1301:18 of the Administrative Code.

(b) For a patient who is a minor or an individual with a court-appointed legal guardian:

In addition to the information outlined in this rule:

(i) The prospective patient's parent or legal representative consent to treatment with medical marijuana; and

(ii) A caregiver registration submission in accordance with rule 1301:18-10-02 of the Administrative Code.

(c) Patients who become eighteen years of age during the time period in which their registration is valid may apply for a new registration either immediately or in accordance with the renewal process under paragraph (H) of this rule.

(2) The date the recommending physician issued the recommendation;

(3) Indication whether the recommendation is new or a renewal;

(4) The recommending physician's:

(a) Full legal name;

(b) Drug enforcement administration physician identification number;

(c) Medical license number issued by the state medical board;

(d) Business address;

(e) Telephone number;

(f) Electronic mail address;

(g) And the following attestation(s) if applicable:

(i) An attestation in accordance with division (A)(2) of section 3796.08 of the Revised Code; and

(ii) For a patient diagnosed with a terminal illness as defined under rule 1301:18-1-01 of the Administrative Code, the recommending physician shall execute and submit an attestation the patient has a terminal illness.

(D) A complete patient registration submission must be received by the division within ninety calendar days of the date the recommending physician issued the recommendation.

(1) If a registration submission is determined to be inaccurate or incomplete, the division will send the patient notice of the deficiency.

(2) If the deficiency is not corrected within ninety calendar days from the date that the registration was submitted by the recommending physician, the submission shall be considered a stale registration as defined by rule 1301:18-1-01 of the Administrative Code.

(E) Patient registrations are non-transferrable

(1) Patients shall not permit another person to use their patient registration.

(2) Before purchasing medical cannabis, patients must provide the dispensary employee the following:

(a) Their registry identification card; and

(b) A copy of the patient's valid, unexpired government issued photographic identification.

(3) Patients shall carry their registry identification with them whenever they are in possession of medical cannabis.

(F) Except as authorized under rule 1301:18-10-02 of the Administrative Code, a patient may not designate more than two caregivers.

(G) If a patient requests permission to change a caregiver before renewal, the patient is to do the following:

(1) Submit a change of caregiver request to the recommending physician, or, subject to the limitations under section 3796.08 of the Revised Code, the physician's delegate, who shall set forth the reasons the patient seeks to change caregivers and conform with the caregiver registration mandates under rule 1301:18-10-02 of the Administrative Code.

(2) The division will approve a new caregiver if the individual meets the mandates of Chapter 3796. of the Revised Code and division 1301:18 of the Administrative Code.

(H) A patient registration shall be valid from the date of issuance and expire one year later, on the last day of the month it was issued.

(1) At any time, a patient may voluntarily relinquish their patient medical cannabis registration by notifying the division in writing.

(2) The division will send a notification to each patient forty-five calendar days before the expiration date on the patient's registry identification card.

(3) Renewal submissions and required documentation may be submitted up to thirty calendar days before the registration will expire.

(4) Failure to renew a patient registration will result in an automatic expiration of the registration card.

(5) Patients shall dispose of all medical cannabis within seven calendar days of the expiration of their registration.

Notes

Ohio Admin. Code 1301:18-10-01

Effective: 12/20/2024
Five Year Review (FYR) Dates: 12/20/2029
Promulgated Under: 119.03
Statutory Authority: 3796.03
Rule Amplifies: 3796.02, 3796.03, 3796.08