Medical Documents - Information Bulletin
To Licensed Producers of Fresh or Dried Marijuana or Cannabis oil for Medical Purposes
The purpose of this information bulletin is to outline the licensed producers' obligation under the Access to Cannabis for Medical Purposes Regulations (ACMPR) to ensure that a medical document completed by a licensed health care practitioner is submitted as part of the client registration and renewal process.
When registering and renewing clients, licensed producers must ensure:
- an original medical document has been submitted as well as the application for registration;
- the information in the medical document is correct and complete by, in part, verifying its accuracy with the office of the health care practitioner (as per paragraph 132(1)(c) of the ACMPR); note that if the health care practitioner's signature is already known to the Licensed Producer, further verification is unnecessary (as per subsection 132(2)); and,
- the documentation of these verifications are part of your record keeping obligations (Division 5 of the ACMPR).
Without a valid medical document, an applicant cannot be registered as a client. In the event of suspected fraud with a medical document, the licensed producer should contact local law enforcement.
The Personal Information Protection and Electronic Documents Act (PIPEDA) or provincial privacy legislation that has been found to be substantially similar to PIPEDA (in British Columbia, Alberta, and Quebec) apply to the collection, use, and disclosure of personal information by businesses and other organizations. Licensed producers and former licensed producers are expected to comply with these statutes.
Electronic Submission of Medical Documents
In some cases, licensed producers may utilize online secure portals to facilitate client registrations; any such system must comply with all relevant aspects of the ACMPR.
Transfer of Medical Documents
Medical documents of registered clients cannot be transferred to another licensed producer or any other person, as per section 140 of the ACMPR.
Refusal to Register a Client
If, during the course of the registration process, there are grounds to refuse to register an individual (as set out in section 135 of the ACMPR), the licensed producer must provide the individual notice outlining the reasons for refusal, and provide the individual the opportunity to be heard with regards to the refusal.
Return of Medical Documents
As per subsection 136(3) of the ACMPR, in the event of a refusal to register an individual, the licensed producer is obligated to return the medical document to the applicant without delay. In addition, as per paragraph 159(2)(b) of the ACMPR, licensed producers must retain a copy of the medical document.
It is the individual's right to decide which licensed producer will meet his/her needs for obtaining access to fresh or dried marihuana or cannabis oil for medical purposes. Individuals who have not completed the registration process have the right to request the original version of their medical document, should they choose not to register with that licensed producer and decide to register with a different licensed producer. While registered clients can ask for their registration to be cancelled in order to register with another licensed producer, they cannot seek the return of their original medical document. As per subsection 139(7) of the ACMPR, a licensed producer who cancels a client's registration must not return the medical document.
Licensed producers must keep the original medical document or, if returned pursuant to subsection 136(3) of the ACMPR, a copy of it for a period of two years after it was obtained.
Compliance with the provisions of the ACMPR will be verified during inspections. If non-compliance is observed, it may result in enforcement action, including, but not limited to, licence suspension or revocation.
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