Del. Code tit. 16 § 4910A

Current through 2024 Legislative Session Act Chapter 531
Section 4910A - [Effective Until 1/13/2025] Denial of registry identification cards [For application of this section, see 82 Del. Laws, c. 213, section 7]
(a) The Department shall deny an application or renewal of a qualifying patient's registry identification card only if the applicant:
(1) Did not provide the required information and materials;
(2) Previously had a registry identification card revoked; or
(3) Provided false or falsified information.
(b) The Department shall deny an application or renewal for a designated caregiver chosen by a qualifying patient whose registry identification card was granted only if:
(1) The designated caregiver does not meet the requirements of § 4902A(5) of this title;
(2) The applicant did not provide the information required;
(3) The designated caregiver previously had a registry identification card revoked; or
(4) The applicant or the designated caregiver provides false or falsified information.

(c) A prospective designated caregiver shall obtain a background check in compliance with § 4927A of this title to enable the Department to comply with subsection (b) of this section. Once a prospective designated caregiver has been granted a registry identification card, the designated caregiver must obtain a background check in compliance with § 4927A of this title every 3 years.
(d) The Department shall notify the qualifying patient who has designated someone to serve as his or her designated caregiver if a registry identification card will not be issued to the designated caregiver.
(e)
(1) Denial of an application or renewal is considered a final Department action.
(2) A denial of an application or renewal for a registry identification card for a registered qualifying patient, pediatric patient, or registered designated caregiver is subject to judicial review. Jurisdiction and venue for judicial review are vested in the Superior Court.
(3) [Repealed by 2024 Amendment.]

16 Del. C. § 4910A

Amended by Laws 2023, ch. 264,s 7, eff. 5/28/2024.
Amended by Laws 2019 , ch. 213, s 4, eff. 9/10/2019.
Amended by Laws 2015 , ch. 406, s 6, eff. 11/29/2016.
Amended by Laws 2015 , ch. 11, s 3, eff. 4/21/2015.
78 Del. Laws, c. 23, § 1; 70 Del. Laws, c. 186, § 1.;
This section is set out more than once due to postponed, multiple, or conflicting amendments.