Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

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The Pennsylvania Code website reflects the Pennsylvania Code changes effective through 51 Pa.B. 3586 (June 26, 2021).

28 Pa. Code § 1191.25. Application for, and issuance or denial of, identification cards.

§ 1191.25. Application for, and issuance or denial of, identification cards.

 (a)  An applicant shall submit an identification card application on a form prescribed by the Department. The application will be made available on the Department’s publicly-accessible web site and in hard copy upon request.

 (b)  An identification card application submitted by or on behalf of a patient must include, at a minimum, the following information:

   (1)  The name, address, telephone number, e-mail address, if available, and date of birth of the patient.

   (2)  The patient’s Pennsylvania driver’s license number, a Department of Transportation State-issued identification card, if applicable, or other documentation acceptable to the Department evidencing the patient’s identification and residency in this Commonwealth.

   (3)  The name, address and telephone number of the practitioner who issued the patient certification.

   (4)  The name, birth date, address, telephone number and e-mail address, if applicable, of up to two individuals designated by the applicant to serve as caregivers, if applicable.

   (5)  The patient certification issued by the patient’s practitioner, which shall be provided by the practitioner to the Department under §  1181.27(d)(2) (relating to issuing patient certifications).

   (6)  The appropriate fee or proof of financial hardship as provided for in §  1191.26 (relating to application fees).

   (7)  The signature of the applicant and the date signed.

   (8)  A statement that a false statement made in the application is punishable under the applicable provisions of 18 Pa.C.S. Chapter 49 (relating to falsification and intimidation).

   (9)  Any other information deemed necessary by the Department.

 (c)  For an application submitted under this section that designates an individual as a caregiver who is not authorized under the act or this part to serve as a caregiver, the following apply:

   (1)  The Department may deny that portion of the application and approve the balance of the application. In that case, an identification card may be issued to the patient but the designated caregiver will not be authorized to serve in that capacity.

   (2)  If the application is submitted on behalf of a minor patient but does not include the designation of another individual as a caregiver who is authorized under the act or this part to serve as a caregiver, the Department will deny the entire application unless and until the applicant designates an individual who is authorized to serve.

   (3)  An individual designated as a caregiver may not serve as a caregiver unless and until the individual submits an application under subsection (d) and the individual is issued an identification card by the Department.

 (d)  An identification card application submitted by a caregiver must include, at a minimum, the following information:

   (1)  The name, address, telephone number, e-mail address, if available, and date of birth of the caregiver.

   (2)  The caregiver’s Pennsylvania driver’s license number, a Department of Transportation State-issued identification card, if applicable, or other documentation acceptable to the Department evidencing the caregiver’s identification.

   (3)  The name, address and telephone number of the practitioner who issued the patient certification.

   (4)  The patient certification issued by the patient’s practitioner, which will be provided by the practitioner to the Department under §  1181.27(d)(2).

   (5)  A copy of the criminal history record information required under §  1191.27 (relating to criminal background checks).

   (6)  The name, address, telephone number and e-mail address, if available, of up to five patients for which the caregiver wishes to be approved by the Department as a caregiver.

   (7)  The appropriate fee or proof of financial hardship as provided for in §  1191.26.

   (8)  The signature of the applicant and the date signed.

   (9)  A statement that a false statement made in the application is punishable under the applicable provisions of 18 Pa.C.S. Chapter 49.

   (10)  Any other information deemed necessary by the Department.

 (e)  The Department will review the criminal history record information obtained by a caregiver under §  1191.27 and the Prescription Drug Monitoring Program database before approving the issuance of an identification card to the caregiver. The Department will deny the issuance of an identification card to a caregiver if the caregiver has been convicted of a criminal offense relating to the sale or possession of drugs, narcotics or controlled substances that occurred within the 5 years immediately preceding the submission of the application. The Department may deny the issuance of an identification card to a caregiver if the caregiver has a history of drug abuse or of diverting controlled substances or illegal drugs.

 (f)  The Department will promptly notify an applicant in writing if an identification card application is incomplete or factually inaccurate, and provide the applicant with an explanation as to what documents or information are necessary for the Department to consider the identification card application to be complete and accurate.

 (g)  An applicant shall have 60 days from receipt of a notification under subsection (f) to submit to the Department the documents or information requested. If an applicant fails to submit the requested documents or information within 60 days, the Department may deny the identification card application.

 (h)  The Department will notify an applicant in writing of the reasons for the denial of an identification card application.

 (i)  An applicant whose identification card application is denied may submit a new identification card application. The Department may decline to consider a new application that does not correct the deficiencies in the initial application leading to a prior denial.

Cross References

   This section cited in 28 Pa. Code §  1191.32 (relating to medical marijuana patient authorization letters).



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