Sec.21a-408-8. Revocation or suspension of a qualifying patient or primary caregiver registration  


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  • (a) The commissioner may place conditions upon, revoke or suspend the registration certificate of a qualifying patient, in accordance with the Uniform Administrative Procedure Act, sections 4-166 to 4-189, inclusive, of the Connecticut General Statutes, under the following circumstances:

    (1) The qualifying patient becomes an inmate confined in a correctional institution or facility under the supervision of the Department of Correction;

    (2) The qualifying patient’s physician or APRN notifies the department that the physician or APRN is withdrawing the written certification submitted on behalf of the qualifying patient and, thirty days after the physician’s or APRN's withdrawal of the written certification, the patient has not obtained a valid written certification from a different physician or APRN;

    (3) The qualifying patient or primary caregiver provided false, misleading or incorrect information to the department;

    (4) The qualifying patient is no longer a resident of Connecticut;

    (5) The qualifying patient, together with the qualifying patient’s caregiver where applicable, obtains more than a one-month supply of marijuana in a one-month period;

    (6) The qualifying patient provides or sells marijuana to any person, including another registered qualifying patient or primary caregiver;

    (7) The qualifying patient uses marijuana in a place or manner not permitted by the Act or sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies;

    (8) The qualifying patient uses marijuana in a manner that puts others at risk or fails to take reasonable precautions to avoid putting others at risk;

    (9) The qualifying patient permits another person to use the qualifying patient’s registration certificate;

    (10) The qualifying patient tampers, falsifies, alters, modifies or allows another person to tamper, falsify, alter or modify, the qualifying patient’s registration certificate;

    (11) The qualifying patient’s physician or APRN is no longer available to provide care to the patient and, after thirty days from the physician or APRN notifying the department of the physician’s or APRN's unavailability, the patient has not established a bona-fide healthcare professional-patient relationship with a different physician or APRN;

    (12) The primary caregiver notifies the department that the primary caregiver is no longer willing to serve as a primary caregiver for the qualifying patient, or the primary caregiver’s registration certification has been suspended or revoked, in which case the qualifying patient shall have thirty days to register an acceptable primary caregiver with the department before the department may commence an action to suspend or revoke the qualifying patient’s registration;

    (13) The qualifying patient’s registration certificate is lost, stolen or destroyed and the patient or the patient’s primary caregiver fails to notify the department or notifies the department of such incident more than five business days after becoming aware that the registration certificate was lost, stolen or destroyed;

    (14) The qualifying patient fails to notify the department of a change in registration information or notifies the department of such change more than five business days after the change; or

    (15) The qualifying patient has violated any section of the Act or sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies.

    (b) The department may place conditions upon, revoke or suspend the registration certificate of a primary caregiver, in accordance with the Uniform Administrative Procedures Act, sections 4-166 to 4-189, inclusive, of the Connecticut General Statutes, under the following circumstances:

    (1) The registration certification of the qualifying patient has been revoked or suspended;

    (2) The qualifying patient’s physician or APRN notifies the department that the qualifying patient is no longer in need of a primary caregiver;

    (3) The qualifying patient or primary caregiver provided false, misleading or incorrect information to the department;

    (4) The qualifying patient registers a different person to serve as the primary caregiver in accordance with the procedure set forth in section 21a-408-6 of the Regulations of Connecticut State Agencies;

    (5) The primary caregiver obtains more than a one-month supply of marijuana in a one-month period on behalf of a single qualifying patient;

    (6) The primary caregiver obtains marijuana for, or provides or sells marijuana to, any person other than the qualifying patient of the primary caregiver, including a different qualifying patient or primary caregiver;

    (7) The primary caregiver permits another person to use the primary caregiver’s registration certificate;

    (8) The primary caregiver has tampered, altered, modified, falsified, or allowed any person to tamper, alter, modify or falsify, the primary caregiver’s registration certificate or the registration certificate of the qualifying patient;

    (9) The primary caregiver has permitted the use of marijuana that endangers the health or well-being of a person other than the qualifying patient or primary caregiver;

    (10) The primary caregiver has a disqualifying conviction;

    (11) The primary caregiver’s registration certificate is lost, stolen or destroyed and the primary caregiver fails to notify the department or notifies the department of such incident more than five business days after becoming aware that the registration certificate was lost, stolen or destroyed;

    (12) The primary caregiver fails to notify the department of a change in registration information or notifies the department of such change more than five business days after the change; or

    (13) The primary caregiver has violated any section of the Act or sections 21a-408-1 to 21a-408-72, inclusive, of the Regulations of Connecticut State Agencies.

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