Section 5


5. “Registry Identification Cards for Qualified Patients and Designated Caregivers”
(a) As used in this section, “Department” means the North Carolina Department of Health
and Human Services.
(b) The Department shall issue a registry identification card to any qualified patient or or person having legal custody of the qualified patient.
(2) A parent, guardian, or person having legal custody of the qualified patient
consents in writing to (i) allow the qualified patient’s medical use of cannabis,
(ii) serve as one of the qualified patient’s designated caregivers, and (iii) control
the acquisition of the cannabis, the dosage, and the frequency of the medical
use of cannabis by the qualified patient designated caregiver who meets the requirements of this section.
(c) The Department shall not issue or renew a registry identification card to a qualified
patient under 18 years of age unless each of the following criteria is met:
(1) The qualified patient’s medical or holistic provider has explained the potential risks and benefits
of the medical use of cannabis to the qualified patient and to a parent,this section or if the Department determines that the application or renewal application contains false information. If the Department fails to approve or deny a registration application or renewal application submitted pursuant to this section within 45 days after receipt, the application or renewal application shall be deemed approved, and a copy of 3 the application or renewal application together with proof of receipt by the Department at least 45 days prior to the date this information is presented in lieu of a registry identification card shall be deemed a valid registry identification card.
(e) The Department may issue a registry identification card to a maximum of two
designated caregivers named in a qualified patient’s approved application.
(f) The Department shall issue a registry identification card to an applicant within five
days after approving an application or renewal. The application or renewal expires two years after the date of issuance.
(g) Each registry identification card shall contain at least all of the following information:
(1) The date of issuance.
(2) The date of expiration.
(3) A random registry identification number.
(4) A photograph of the registry identification cardholder.
(h) Persons issued registry identification cards shall be subject to the following:
(1) A qualified patient who has been issued a registry identification card shall
notify the Department of any change in the qualified patient’s name, address, or
designated caregiver and submit a ten-dollar ($10.00) fee to the Department
within 15 days after the change occurs. A qualified patient who fails to notify
the Department of any of these changes within the specified time frame
commits an infraction and is subject to a fine not to exceed more than one
hundred fifty dollars ($150.00).
(2) A designated caregiver shall notify the Department of any change in name or address and submit a ten-dollar ($10.00) fee to the Department within 15 days after the change occurs. A designated caregiver who fails to notify the Department of any of these changes within the specified time frame commits an infraction and is subject to a fine not to exceed one hundred fifty dollars
($150.00).
(3) When a qualified patient or designated caregiver notifies the Department of any change, as required by this subsection, the Department shall issue the qualified patient and each designated caregiver a new registry identification card within 10 days after receiving the updated information and the ten-dollar ($10.00) fee.
(4) When a qualified patient who possesses a registry identification card notifies
the Department of a change in designated caregiver, the Department shall notify
the designated caregiver of record of the change within 15 days after receiving
notification of the change. The protections afforded under this Article to the
designated caregiver of record shall expire 30 days after the designated
caregiver of record is notified by the Department of the change in designated caregiver. 41
(5) If a qualified patient or a designated caregiver loses a registry identification
card, the cardholder shall notify the Department within 15 days after losing the
card. The notification shall include a ten-dollar ($10.00) replacement fee for a
new card. Within five days after receiving notification of a lost registry
identification card, the Department shall issue the cardholder a new registry
identification card with a new random identification number.
(i) If the Department determines that a qualified patient or designated caregiver has
willfully violated any provision of this Article, the Department may suspend or revoke the qualified patient’s or designated caregiver’s registry identification card.
(j) Applications and supporting information submitted by qualified patients, including
information regarding their designated caregivers and physicians, are confidential and protected
under the federal Health Insurance Portability and Accountability Act of 1996.
(k) The Department shall maintain a confidential list of the persons to whom the
Department has issued registry identification cards. Individual names and other identifying
information on the list shall be confidential, exempt from the provisions of Chapter 132 of the
General Statutes, and not subject to disclosure, except to authorize employees of the Department as necessary to perform the official duties of the Department.
(l) The Department shall verify to law enforcement personnel whether a registry
identification card is valid solely by confirming the validity of the random registry identification
number and the name of the person to whom the Department has assigned the random registry
identification number.
(m) Any person, including an employee or official of the Department or another State
agency or local government, who breaches the confidentiality of information obtained pursuant to this section is guilty of a Class 1 misdemeanor; however, any fine imposed for a violation under imposed for a violation under this subsection shall not exceed one thousand dollars ($1,000).
(n) Nothing in this section shall be construed to prevent Department employees from
notifying law enforcement officers about falsified or fraudulent information submitted to the Department by any individual in support of an application for a registry identification card.
(o) Article 4 of Chapter 150B of the General Statutes governs judicial review of an
administrative decision made under this section.