Haw. Code R. § 11-160-43.01

Current through November, 2024

Section 11-160-43.01 - Registration requirements for qualifying out-of-state patients and caregivers of qualifying out-of-state patients

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

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

(2) For a qualifying out-of-state patient who is a minor, the full name, residential, mailing, and email addresses, and date of birth of a caregiver of the qualifying out-of-state patient;

(3) A clear photocopy of the valid government-issued medical cannabis card issued to the qualifying out-of-state patient by another state or territory of the United States or the District of Columbia; provided that the medical cannabis card has an expiration date and has not expired;

(4) A clear photocopy of the valid photo identification card or driver's license issued to the qualifying out-of-state patient or the caregiver of the qualifying out-of-state patient from the same jurisdiction as the issuing entity;

(5) An attestation by the qualifying out-of-state patient or the caregiver of the qualifying out-of-state patient, under penalty of law pursuant to section 710-1063, HRS, that the condition for which the qualifying out-of-state patient is legally authorized to use cannabis for medical purposes is a debilitating medical condition as defined in section 329-121, HRS;

(6) A consent by the qualifying out-of-state patient or the caregiver of the qualifying out-of-state patient for the certifying medical provider and the issuing entity to release information to the department for the purpose of verifying registration, monitoring, or investigation;

(7) If the qualifying out-of-state patient is a minor, written consent by the caregiver of the qualifying out-of-state patient to:

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

(B) Undertake the responsibility for managing the well-being of the qualifying out-of-state patient with respect to the medical use of cannabis; and

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

(8) If the qualifying out-of-state patient is a minor, an attestation that the caregiver of the qualifying out-of-state patient is a parent, guardian, or person having legal custody of the qualifying out-of-state patient; provided that the department may require documentation confirming the legal status of the parent, guardian, or person having legal custody of the qualifying out-of-state patient, including, but not limited to, a birth certificate, power of attorney, guardianship documents, divorce decrees, or other court orders;

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

(10) An attestation that the qualifying out-of-state patient or the caregiver of the qualifying out-of-state patient has read, understands, and agrees to abide by part IX of chapter 329, HRS, and this chapter;

(11) Payment of registration fees in accordance with section 11-160-43.02; and

(12) Any other information reasonably required by the department to process the registration of a qualifying out-of-state patient or the caregiver of a qualifying out-of-state patient, to determine the suitability for registration of a qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient, or to protect public health and safety.

(b) The department may register two caregivers for a qualifying out-of-state patient who is a minor; provided that each caregiver is a parent, guardian, or person having legal custody of the qualifying out-of-state patient; provided further that each caregiver shall comply with subsection (a) and section 11-160-43.05.

(c) A qualifying out-of-state patient or a caregiver of a qualifying out-of-state patient shall submit an application for a new registration or renewal of a registration no earlier than sixty days before the desired effective date of the registration or renewal.

Haw. Code R. § 11-160-43.01

Eff and comp 2/25/2019 (Auth: HRS § 321-9) (Imp: HRS §§ 329-121, 329-122, 329-123.5)