Section R9-17-109. Notifications and Void Registry Identification Cards

A.      The Department shall provide written notice that a card- holder’s registry identification card is void and no longer valid under A.R.S. Title 36, Chapter 28.1 and this Chapter to a:

1.        Qualifying patient when the Department receives notifi- cation from:

a.        The qualifying patient that the qualifying patient no longer has a debilitating medical condition, or

b.        The physician who provided the qualifying patient’s written certification that the:

i.         Qualifying patient no longer has a debilitating medical condition,

ii.        Physician no longer believes that the qualifying patient would receive therapeutic or palliative benefit from the medical use of marijuana, or

iii.      Physician believes that the qualifying patient is not using the medical marijuana as recom- mended,

2.        Designated caregiver when:

a.        The Department receives notification from the des- ignated caregiver’s qualifying patient that the desig- nated caregiver no longer assists the qualifying patient with the medical use of marijuana, or

b.        The registry identification card for the qualifying patient that is listed on the designated caregiver’s registry identification card is no longer valid, or

3.        Dispensary agent when:

a.        The Department receives the written notification, required in R9-17-310(A)(9), that the dispensary agent:

i.         No longer serves as a principal officer, board member, or medical director for the dispensary;

ii.        Is no longer employed by the dispensary; or

iii.      No longer provides volunteer service at or on behalf of the dispensary; or

b.        The registration certificate for the dispensary that is listed on the dispensary agent’s registry identifica- tion card is no longer valid.

B.       The Department shall void a qualifying patient’s registry iden- tification card:

1.        When the Department receives notification that the quali- fying patient is deceased; or

2.        For a qualifying patient under 18 years of age, when the qualifying patient’s designated caregiver’s registry identi- fication card is revoked.

C.      The written notice required in subsection (A) that a registry identification card is void is not a revocation and is not consid- ered a final decision of the Department subject to judicial review.

Historical Note

New Section made by exempt rulemaking at 17 A.A.R. 734, effective April 14, 2011 (Supp. 11-2). Amended by final rulemaking at 18 A.A.R. 3354, with an immediate effective date of December 5, 2012 (Supp. 12-4).