Sec.21a-408-6. Patient and primary caregiver registration

(a) A qualifying patient for whom a physician or APRN has issued a written certification, and the qualifying patient’s primary caregiver where applicable, shall register with the department on forms, and in a manner, prescribed by the commissioner.

(b) The form prescribed by the commissioner may require the qualifying patient or primary caregiver to grant permission for the department to:

(1) Determine whether the patient is an inmate confined in a correctional institution or facility under the supervision of the Department of Correction; and

(2) Conduct a background check of the primary caregiver for the purpose of determining if such applicant has been convicted of a violation of any law pertaining to the illegal manufacture, sale or distribution of a controlled substance.

(c) When the qualifying patient is a minor, the commissioner shall require:

(1) An acknowledgement from the custodial parent, guardian or other person having legal custody of such person indicating that:

(A) The custodial parent, guardian or other person having legal custody will serve as a primary caregiver for the qualifying patient; and

(B) The custodial parent, guardian or other person having legal custody will control the acquisition and possession of marijuana and any related paraphernalia for palliative use on behalf of the minor patient.

(2) An acknowledgment from both the qualifying patient's primary care provider and a physician who is board certified in an area of medicine involved in the treatment of the debilitating condition for which the qualifying patient was certified which confirms that the palliative use of marijuana is in the best interest of the qualifying patient; and

(3) A certification that a written certification has been issued pursuant to section 21a-408-2 of the Regulations of Connecticut State Agencies.

(d) If a registration application is determined to be inaccurate or incomplete, the department may send the applicant a notice of deficiency. If the applicant corrects the deficiencies within sixty days or less after receiving notice from the department, the department shall not charge any additional fees.

(e) The department may deny an application if an applicant submits corrections or supplies the missing information more than sixty days after receiving a notice of deficiency from the department, or if the applicant fails to provide correct and complete information on such applicant's second attempt. Any such applicant may resubmit the registration application materials with all applicable fees for a new registration.

(f) A qualifying patient shall only designate, and the department shall only register, one primary caregiver for the patient at any given time.

(g) Absent permission from the commissioner for good cause shown, a qualifying patient may only change primary caregivers once per year at the time of renewal. A qualifying patient may change primary caregivers at the time of their registration renewal by requesting a different primary caregiver, who shall meet the requirements of the Act and this section, and be approved by the commissioner prior to the patient’s registration certificate being renewed. If the qualifying patient requests permission to change the primary caregiver prior to renewal, the qualifying patient shall submit a change of caregiver request form to the department, which shall set forth the reasons the qualifying patient seeks to change primary caregivers. If the department approves such change of primary caregiver request, the new primary caregiver shall register with the department and shall submit the non-refundable primary caregiver application fee required by section 21a-408-29 of the Regulations of Connecticut State Agencies. The department shall approve a new primary caregiver only if such person meets the requirements of the Act and this section.

(h) A qualifying patient who lacked legal capacity at the time of the most recent application or renewal may not change primary caregivers unless:

(1) The qualifying patient provides a court order, or other proof acceptable to the department, indicating that the qualifying patient no longer lacks legal capacity, in which case the qualifying patient may change caregivers in accordance with subsection (g) of this section; or

(2) The primary caregiver is no longer willing or able to serve as a caregiver, in which case the qualifying patient’s new primary caregiver applicant shall:

(A) Certify to the department that the current primary caregiver can no longer serve or no longer wishes to serve as a caregiver; and

(B) Submit an application and registration fee that meets the requirements of the Act and this section.

(Effective September 6, 2013; Amended August 28, 2018)