2015 New Hampshire Revised Statutes
Title X - PUBLIC HEALTH
Chapter 126-X - USE OF CANNABIS FOR THERAPEUTIC PURPOSES
Section 126-X:4 - Departmental Administration; Registry Identification Cards.

NH Rev Stat § 126-X:4 (2015) What's This?

    126-X:4 Departmental Administration; Registry Identification Cards. –
    I. Except as provided in paragraph V, the department shall create and issue a registry identification card to a person applying as a qualifying patient who submits all of the following information:
       (a) Written certification as defined in RSA 126-X:1.
       (b) An application or a renewal application accompanied by the application or renewal fee.
       (c) A recent passport-sized photograph of the applicant's face. The department may use the photograph submitted with the initial application for up to 5 years for the purpose of issuing renewal or replacement registry identification cards, after which the applicant shall submit a new photograph.
       (d) Name, residential and mailing address, and date of birth of the applicant, except that if the applicant is homeless, no residential address is required.
       (e) Name, address, and telephone number of the applicant's provider.
       (f) Name, address, and date of birth of the applicant's designated caregiver, if any. A qualifying patient shall have only one designated caregiver.
       (g) Name of the alternative treatment center that the qualifying patient designates. A qualifying patient may designate no more than one alternative treatment center at any time.
       (h) A statement signed by the applicant, pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter and acknowledging that his or her diversion of cannabis is punishable as a class B felony and revocation of his or her registry identification card, in addition to other penalties for the illegal sale of cannabis.
    II. Except as provided in paragraph V, the department shall create and issue a registry identification card to a person applying as a designated caregiver who submits all of the following information:
       (a) An application or a renewal application.
       (b) A recent passport-sized photograph of the applicant's face. The department may use the photograph submitted with the initial application for up to 5 years for the purpose of issuing renewal or replacement registry identification cards, after which the applicant shall submit a new photograph.
       (c) Name, residential and mailing address, and date of birth of the applicant.
       (d) Name, residential and mailing address, and date of birth of each qualifying patient for whom the applicant will act as designated caregiver, except that if the qualifying patient is homeless, no residential address is required. An applicant shall not act as a designated caregiver for more than 5 qualifying patients.
       (e) Street address of the alternative treatment center.
       (f) A signed statement from the applicant agreeing to act as the designated caregiver for the qualifying patient named in the application and pledging not to divert cannabis to anyone who is not allowed to possess cannabis pursuant to this chapter and acknowledging that the diversion of cannabis is punishable as a class B felony and revocation of one's registry identification card, in addition to other penalties for the illegal sale of cannabis.
       (g) [Repealed.]
    II-a. In addition to the information required pursuant to paragraph II, the department shall also receive results of a criminal history records check from the division of state police. A person applying to be a designated caregiver shall submit directly to the department of safety a notarized criminal history records release form, as provided by the New Hampshire division of state police, authorizing the release of his or her criminal history record, if any, to the department. The applicant shall submit with the release form a complete set of electronic fingerprints taken by a qualified law enforcement agency or an authorized employee of the department of safety. In the event that the first set of fingerprints is invalid for whatever reason, a second set of fingerprints shall be necessary in order to complete the criminal history records check. If, after 2 attempts, a set of fingerprints is invalid due to insufficient pattern, the department may, in lieu of the criminal history records check, accept police clearances from every city, town, or county where the person has lived during the past 5 years. The division of state police shall conduct a criminal history records check through its records and through the Federal Bureau of Investigation. Upon completion of the records check, the division of state police shall submit a copy of the criminal history records to the department. The department shall maintain the confidentiality of all criminal history records information received pursuant to this section. The applicant shall bear the cost of a criminal history records check.
    II-b. The provisions of paragraph II-a shall apply only to initial applications. Every year thereafter when applying for a new registry identification card, a designated caregiver shall include with the application an attestation on a form issued by the department stating that the applicant has not been convicted of a felony offense. This attestation shall be subject to the penalties set forth in RSA 641:3 for unsworn falsification and this shall be noted on the form issued by the department. In addition, a designated caregiver shall promptly inform the department if convicted of a felony offense subsequent to being issued a registry identification card.
    III. The department shall verify the information contained in an application or renewal submitted pursuant to this section. The department shall approve or deny an application or renewal for a qualifying patient within 15 days of receipt of the application. The department shall approve or deny an application or renewal to serve as a designated caregiver within 15 days of receipt of the application and the criminal history records check results. The department may deny an application or renewal only if the applicant did not provide the information required pursuant to this section, or if the applicant previously had a registry identification card revoked for violating the provisions of this chapter or rules adopted by the department, or if the department determines that the information provided was falsified or did not meet the requirements of this chapter or rules adopted by the department. The department shall notify an applicant of the denial of an application. An applicant who is aggrieved by a department decision may request an administrative hearing at the department.
    IV. The department shall create and issue a registry identification card to a person applying as a qualifying patient or designated caregiver within 5 days of approving an application or renewal. Each registry identification card shall expire one year after the date of issuance, unless the provider states in the written certification that the certification should expire at an earlier specified date, then the registry identification card shall expire on that date. Registry identification cards shall contain all of the following:
       (a) Name, mailing address, and date of birth of the qualifying patient or designated caregiver.
       (b) The date of issuance and expiration date of the registry identification card.
       (c) A random 10-digit identification number, containing at least 4 numbers and at least 4 letters, that is unique to the qualifying patient or the designated caregiver.
       (d) A designation that the person is either a "qualifying patient'' or a "designated caregiver.''
       (e) [Repealed.]
       (f) A passport-sized photograph of the qualifying patient's or designated caregiver's face.
       (g) A statement that the qualifying patient or designated caregiver is permitted under state law to possess cannabis pursuant to this chapter for the therapeutic use of the qualifying patient.
    V. The department shall not issue a registry identification card to an applicant under 18 years of age who is applying as a qualifying patient unless:
       (a) A custodial parent or legal guardian responsible for health care decisions for the qualifying patient submits a written certification from 2 providers, one of whom shall be a pediatrician.
       (b) The applicant's provider has explained the potential risks and benefits of the therapeutic use of cannabis to the custodial parent or legal guardian with responsibility for health care decisions for the applicant.
       (c) The custodial parent or legal guardian with responsibility for health care decisions for the applicant consents in writing to:
          (1) Allow the applicant's therapeutic use of cannabis; and
          (2) Serve as the applicant's designated caregiver and control the acquisition of the cannabis and the frequency of the therapeutic use of cannabis by the applicant.
       (d) The custodial parent or legal guardian completes an application in accordance with the requirements of paragraph I on behalf of the applicant.
    VI. The department shall provide each approved qualifying patient and designated caregiver a statement with the registry identification card explaining federal law on the possession of cannabis and that possession of a state registry identification card does not protect a person from federal criminal penalties.
    VII. (a) The department shall track the number of qualifying patients who have designated each alternative treatment center and issue a monthly written statement to the alternative treatment center identifying the number of qualifying patients who have designated that alternative treatment center along with the registry identification numbers of each qualifying patient and each qualifying patient's designated caregiver.
       (b) The department shall track the number of qualifying patients certified by each provider and registered with the department. Any concerns regarding provider conduct shall be referred to the New Hampshire board of medicine or the New Hampshire board of nursing.
    VIII. In addition to the monthly reports, the department shall also provide written notice to an alternative treatment center which identifies the names and registration identification numbers of a qualifying patient and his or her designated caregiver whenever any of the following events occur:
       (a) A qualifying patient designates the alternative treatment center to serve his or her needs under this chapter;
       (b) A qualifying patient revokes the designation of the alternative treatment center; or
       (c) A qualifying patient who has designated the alternative treatment center loses his or her status as a qualifying patient under this chapter.
    IX. (a) A qualifying patient shall notify the department before changing his or her designated caregiver or alternative treatment center.
       (b) A qualifying patient shall notify the department of any change in his or her name or address within 10 days of such change. If the qualifying patient's certifying provider notifies the department in writing that the qualifying patient no longer suffers from a qualifying medical condition or should discontinue using cannabis for another compelling reason, the registry identification card shall become void upon notification by the department to the qualifying patient.
       (c) When a qualifying patient or a designated caregiver notifies the department of any change to a name, address, or alternative treatment center, the department shall issue the qualifying patient or designated caregiver a new registry identification card with a new random 10-digit identification number within 20 days of receiving the updated information.
       (d) If a qualifying patient notifies the department of a change in his or her designated caregiver and the prospective designated caregiver meets the requirements of this chapter, the department shall issue the designated caregiver a registry identification card with a new random 10-digit identification number within 50 days of receiving the designated caregiver's application.
       (e) A qualifying patient or designated caregiver who fails to notify the department of any changes to his or her name, address, or designated caregiver shall be guilty of a violation and may be subject to a fine not to exceed $150 under rules adopted by the department.
       (f) If a qualifying patient or designated caregiver loses his or her registry identification card, he or she shall notify the department within 10 days of losing the card. Within 5 days after such notification, the department shall issue a new registry identification card with a new random 10-digit identification number. The fee for new registry cards shall be established in rules set by the department pursuant to RSA 541-A.
    X. Mere possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the individual or property of the individual possessing or applying for the registry identification card. The possession of, or application for, a registry identification card shall not preclude the existence of probable cause if probable cause exists on other grounds.
    XI. (a) The department shall create and maintain a confidential registry of each individual who has applied for and received a registry identification card as a qualifying patient or a designated caregiver in accordance with the provisions of this chapter. Each entry in the registry shall contain the qualifying patient's or designated caregiver's name, mailing address, date of birth, date of registry identification card issuance, date of registry identification card expiration, random 10-digit identification number, and registry identification number of the qualifying patient's designated alternative treatment center, if any. The confidential registry and the information contained in it shall be exempt from disclosure under RSA 91-A.
       (b)(1) Except as specifically provided in this chapter, no person shall have access to any information about qualifying patients or designated caregivers in the department's confidential registry, or any information otherwise maintained by the department about providers and alternative treatment centers, except for authorized employees of the department in the course of their official duties and local and state law enforcement personnel who have detained or arrested an individual who claims to be engaged in the therapeutic use of cannabis.
          (2) If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe cannabis is possessed at a specific address, an authorized employee for the department may disclose whether the location is associated with a qualifying patient, designated caregiver, or cultivation location of an alternative treatment center.
          (3) If a local or state law enforcement officer submits a sworn affidavit to the department affirming that he or she has probable cause to believe a specific individual possesses cannabis, an authorized employee for the department may disclose whether the person is a qualifying patient or a designated caregiver, provided that the law enforcement officer provides the person's name and address or name and date of birth.
          (4) Counsel for the department may notify law enforcement officials about falsified or fraudulent information submitted to the department where counsel has made a legal determination that there is probable cause to believe the information is false or falsified.
    XII. Within 5 days of learning of the death of a qualifying patient, a surviving family member, caretaker, executor, or the patient's designated caregiver shall notify the department that the qualifying patient has died. Within 5 days of learning of the death of a qualifying patient, the surviving family member, caretaker, executor, or the patient's designated caregiver shall either request that the local law enforcement agency remove any remaining cannabis or shall dispose of the cannabis in a manner that is specified in 126-X:2, XIV.

Source. 2013, 242:1. 2014, 72:1, 2, 4, II, eff. July 26, 2014. 2015, 143:2-5, 10, eff. Aug. 11, 2015.


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