Robert J. Corry, Jr., Attorney at Law, has formally proposed the following regulatory language as an alternative to the Health Department proposal limiting caregivers to five patients and requiring caregivers to perform miscellaneous chores for patients whether requested or not. Corry’s alternative is designed to protect the confidentiality of vulnerable patients and caregivers. For more questions, please email at Robert.Corry@comcast.net.

Changes are in CAPS

Alternative Proposal Designed to Protect Confidentiality of Vulnerable Patients and Caregivers from Criminal Acts
Regulation 2: Application for a registry identification card

A. DEFINITIONS
i) An “adult applicant” is defined as a patient eighteen years of age or older. A “minor applicant” is defined as a patient less than eighteen years of age.
ii) “PRIMARY CARE-GIVER” MEANS A PERSON OR PERSONS OTHER THAN THE PATIENT AND THE PATIENT’S PHYSICIAN, WHO IS EIGHTEEN YEARS OF AGE OR OLDER AND HAS SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT WHO HAS A DEBILITATING MEDICAL CONDITION. THE CHOICE OF CAREGIVER OR CAREGIVERS IS AT THE SOLE DISCRETION OF THE PATIENT.
iii) “SIGNIFICANT RESPONSIBILITY FOR MANAGING THE WELL-BEING OF A PATIENT” MEANS ASSISTING A PATIENT OR PATIENTS WITH CULTIVATING, MANUFACTURING, TRANSPORTING, OBTAINING, STORING, PURCHASING, DISTRIBUTING, PREPARING, OR OTHERWISE PROVIDING MARIJUANA FOR MEDICAL USE.

B. In order to be placed in the registry and to receive a registry identification card, WHICH IS OPTIONAL AND NOT REQUIRED TO ASSERT AN AFFIRMATIVE DEFENSE TO CRIMINAL PROSECUTION, an adult applicant must reside in Colorado and submit an application form supplied by the department, COMPLETED AND NOTARIZED, OR SIGNED IN THE PRESENCE OF AN EMPLOYEE OF THE DEPARTMENT AFTER SHOWING APPROPRIATE PICTURE IDENTIFICATION. The adult applicant must provide the following information with the application:
i) The applicant’s name, address, date of birth, and social security number; HOWEVER, NO PORTION OF THE PATIENT’S SOCIAL SECURITY NUMBER SHALL BE SHOWN ON THE REGISTRY IDENTIFICATION CARD;
ii) The name and address of the applicant’s primary care-giver, if one is designated at the time of application; HOWEVER, NOTHING HEREIN REQUIRES A PERSON BE FIRST DESIGNATED AS CAREGIVER TO ACT IN SAID CAPACITY; THE PATIENT IS PERMITTED TO MAINTAIN THE CONFIDENTIALITY OF THE CAREGIVER AND NOT DISCLOSE THE CAREGIVER’S IDENTITY OR ADDRESS IF SUCH CONFIDENTIALITY IS NECESSARY TO PROTECT THE SAFETY AND PROPERTY OF THE CAREGIVER; NOTHING HEREIN RESTRICTS THE PATIENT FROM USING MULTIPLE CAREGIVERS AT THE PATIENT’S SOLE DISCRETION TO OBTAIN MEDICAL MARIJUANA THROUGH THE SAFEST MEANS POSSIBLE.
iii) Written documentation from the applicant’s physician that the applicant has been diagnosed with a debilitating medical condition as defined in regulation six and the physician’s conclusion that the applicant might benefit from the medical use of marijuana; and
iv) The name, address, and telephone number of the physician who has concluded the applicant might benefit from the medical use of marijuana; AND
v) A COPY OF A SECURE AND VERIFIABLE IDENTITY DOCUMENT, IN COMPLIANCE WITH THE SECURE AND VERIFIABLE IDENTITY DOCUMENT ACT, C.R.S. § 24-72.1-101 ET SEQ., FOR THE PATIENT AND PRIMARY CARE-GIVER, IF ANY IS DESIGNATED.

C. In order for a minor applicant to be placed in the registry and to receive a registry identification card, the minor applicant must reside in Colorado and a parent residing in Colorado must consent in writing to serve as the minor applicant’s primary care-giver. Such parent must submit an application form supplied by the department. The parent of the minor applicant must provide the following information with the application:
i) The applicant’s name, address, date of birth, and social security number,
ii) Written documentation from two of the applicant’s physicians that the applicant has been diagnosed with a debilitating medical condition as defined in regulation six and each physician’s conclusion that the applicant might benefit from the medical use of marijuana;
iii) The name, address, and telephone number of the two physicians who have concluded the applicant might benefit from the medical use of marijuana;
iv) Consent from each of the applicant’s parents residing in Colorado that the applicant may engage in the medical use of marijuana; and
v) Documentation that one of the physicians referred to in (iii) has explained the possible risks and benefits of medical use of marijuana to the applicant and each of the applicant’s parents residing in Colorado.

D. To maintain an effective registry identification card, a patient must annually resubmit to the department, at least thirty days prior to the expiration date, updated written documentation of the information required in paragraphs B and C of this regulation.

[STATE OF COLORADO SEAL]
UPDATED NOTICE OF PUBLIC RULE-MAKING HEARING
BEFORE THE COLORADO BOARD OF HEALTH
NOTICE is hereby given pursuant to the provisions of Section 24-4-103, C.R.S., that the Colorado Board of Health will conduct a public rule-making hearing to consider the promulgation of:
Amendments to 5 CCR 1006-2 – Rules and Regulations Pertaining to the Medical Use of Marijuana
Date: July 20, 2009
Time: 9:00 a.m.
Place: Turnhalle
Tivoli Student Union, Conference Room 250
Auraria Campus
900 Auraria Parkway
Denver, CO 80204-1852
NOTE: The Turnhalle is disabled accessible and will accommodate approximately 450 people. See next page for directions to the Tivoli Student Union.

Hearing Subjects/Issues Involved
The purpose of this hearing is to receive public comments on proposed rules pertaining to the Medical Marijuana Registry Program. The proposal submitted by the Colorado Department of Public Health and Environment and published on February 10, 2009 and May 10, 2009 (“department proposal”) further define the term “primary care-giver” and clarify the phrase “significant responsibility for managing the well-being of a patient”; require that signatures on Medical Marijuana Registry applications and related forms be notarized; provide parameters for the number of patients to whom a primary care-giver may provide services; require compliance with the Colorado Secure and Verifiable Identity Document Act, C.R.S. § 24-72.1-1-101 et seq.; and alter the process for changing a care-giver’s listing in the Medical Marijuana Registry.
The department proposal has been developed by the Center for Health and Environmental Information and Statistics Division of the Colorado Department of Public Health and Environment pursuant to Section 25-1.5-106, C.R.S.
In addition, alternative language to the department proposal has been proposed for the Board’s consideration by Robert J. Corry (“Corry alternative”). This amended notice is to ensure that scope of the hearing notice is sufficiently broad to consider the Corry alternative. The Corry alternative defines the term “primary care-giver”; defines the phrase “significant responsibility for managing the well-being of a patient”; modifies the legal requirements and effect of a patient being placed on the registry and receiving a registration card; requires that signatures on Medical Marijuana Registry applications and related forms be notarized or signed in the presence of a department employee; prohibits certain information from being included on a registry identification card; provides certain protections to a caregiver; allows a patient to have multiple caregivers; and requires compliance with the Colorado Secure and Verifiable Identity Document Act, C.R.S. § 24-72.1-1-101 et seq.
Contact for more information and/or copies of the Corry alternative: Robert J. Corry, Jr. Attorney at Law, 600 Seventeenth Street, Suite 2800, South Tower, Denver, CO 80202, (303) 634-2244.
Contact for more information and/or copies of the department proposal: Colorado Department of Public Health and Environment, Center for Health and Environmental Information and Statistics Division, CHEIS-ADM-A1, 4300 Cherry Creek Drive S., Denver, CO 80246, (303) 692-2184.
The department proposal and the Corry alternative will also be available on the Board’s Web site at http://www.cdphe.state.co.us/op/bh/index.html under “Notices of Upcoming Public Rulemaking Hearings and Draft Proposed Rules.”
(Continued)
Participation in Public Rule-Making Hearing/Submission of Written Comments

The Board of Health strongly encourages all interested parties to participate in the hearing by providing written data, views, or comments prior to the hearing. At the discretion of the Chair, oral testimony at the hearing may be limited to five minutes or less, depending on the number of persons wishing to comment. Additionally, the Chair may limit duplicative or repetitive testimony.
The Board requests submission of written materials on the Corry alternative no later than Monday, July 6, 2009, to allow the Board sufficient time to review the comments prior to the meeting. Persons that submitted written comments to the department’s proposal should not resubmit those comments.
Persons wishing to submit written comments or views on the Corry alternative should submit them to:
Colorado Board of Health
C/O Linda Shearman, Program Assistant
Colorado Department of Public Health and Environment
4300 Cherry Creek Drive South EDO-A5
Denver, CO 80246-1530
FAX: 303-691-7702, e-mail: linda.shearman@state.co.us

The proposed rules, together with the proposed statement of basis and purpose, specific statutory authority and regulatory analysis, will be available for inspection at the above address by any person at least five working days prior to the hearing.

Dated this 29th day of May 2009.

/S/ James B. Martin
James B. Martin
Executive Director

PLEASE NOTE: Arrangements will be made to accommodate individuals who wish to participate in the hearing via telephone conference. Instructions for accessing the teleconference will be published on the Department of Public Health and Environment website at http://www.cdphe.state.co.us/medmj.html at least 20 days before the hearing.

The Turnhalle is disabled accessible and will accommodate approximately 450 people. The Auraria campus is accessible by light rail and RTD bus. Parking is also available for an hourly fee. A map of the Auraria Campus is available at http://www.ahec.edu/campusmaps/maps.htm.

DIRECTIONS TO TIVOLI STUDENT UNION

Traveling North on I-25
Take I-25 North to Auraria Parkway exit
Take Auraria Parkway Exit (only goes towards downtown area)
Take Auraria to 9th Street
Turn Right onto 9th Street
Tivoli Student Union is on the corner of Auraria and 9th Street
Parking is on your right

Traveling South on I-25 (or South on Speer Blvd.)
(Use these directions is coming from Boulder also)
Take I-25 South to Speer Blvd. South Exit
Take Speer South past Elitch’s to Auraria Parkway
Turn right onto Auraria Parkway
Take Auraria Parkway to 9th Street
Turn left onto 9th Street
Tivoli Student Union is on the corner of Auraria and 9th Street
Parking is on your right

Traveling North on Speer Blvd. (See next page)
Traveling North on Speer Blvd.
Take Speer Blvd. North to Auraria Parkway
Turn left onto Auraria Parkway
Take Auraria Parkway to 9th Street
Turn left onto 9th Street
Tivoli Student Union is on the corner of Auraria and 9th Street
Parking is on your right

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