(a) Qualifying patients. The Department of Health shall issue registry identification cards to qualifying patients who submit the following:

1. (1) An application for a qualifying patient registry identification card that must include the following:

   1. (A) The qualifying patient’s name and date of birth;
   2. (B) The qualifying patient’s address, unless the qualifying patient is homeless;
   3. (C) The name, address, phone number, and Drug Enforcement Administration registration number of the physician providing the written certification;
   4. (D) The name, address, and phone number of the qualifying patient’s designated caregiver, if applicable;
   5. (E) A signed statement by the qualifying patient that he or she will not divert marijuana to anyone who is not allowed to possess it under the Arkansas Medical Marijuana Amendment of 2016, Ark. Const. amend. 98; and
   6. (F) A copy of a driver’s license or identification card issued by the State of Arkansas;

2. (2)

   1. (A) The fifty-dollar application fee.
   2. (B) The department may designate how the fee is submitted.
   3. (C) The department may require a convenience fee if payment is submitted by credit card; and

3. (3) Written certification provided by the physician within thirty (30) days prior to the submittal of the application documenting that:

   1. (A) The physician has established a physician-patient relationship with the qualifying patient as defined by the Arkansas State Medical Board;
   2. (B) The physician has completed a full assessment of the qualifying patient’s medical history and current medical condition;
   3. (C) The date that the full assessment was completed; and
   4. (D) Documentation that the qualifying patient has a qualifying medical condition.

(b) Designated caregivers.

1. (1) The department shall issue a registry identification card for a designated caregiver who submits the following:

   1. (A) An application for a designated caregiver registry identification card that must include the following:

(i) The name and date of birth of the designated caregiver;

1. (ii) The address of the designated caregiver;

   1. (iii) The name and address of the qualifying patient the applicant will be assisting;

      1. (iv) A signed statement by the designated caregiver that he or she will not divert marijuana to anyone who is not allowed to possess it under the amendment; and
      2. (v) A copy of the applicant’s driver’s license or identification card issued by the State of Arkansas;

   2. (B)

      1. (i) The fifty-dollar application fee.
      2. (ii) The department may designate how the fee is submitted.
      3. (iii) The department may require a convenience fee if payment is submitted by credit card; and

   3. (C) The following documentation from the qualifying patient’s physician:

      1. (i) The qualifying patient’s qualifying medical condition; and
      2. (ii) A statement that the qualifying patient is disabled or under the age of eighteen (18).

2. (2)

   1. (A) The applicant shall:

      1. (i) Complete a criminal history check form as required by the department; and
      2. (ii) Request the Identification Bureau of the Division of Arkansas State Police to conduct a state or national criminal history check, or both, on the applicant.
   2. (B) The applicant shall pay all appropriate fees for the state or national criminal history check, or both, as set forth by the department.
   3. (C) The applicant shall attach the criminal history check form to the application.

   4. (D) The department shall conduct a state or national criminal history check, or both, on the applicant and determine whether the applicant is disqualified from registration based on the report of the applicant's criminal history and forward its determination to the applicant.

      1. (c) The department shall not issue a registry identification card to a qualifying patient under eighteen (18) years of age unless the following conditions are met:
3. (1) The qualifying patient’s physician has documented that he or she has explained the potential risks and benefits of the medical use of marijuana to both the qualifying patient and his or her parent, guardian, or legal custodian;

4. (2) The parent, guardian, or legal custodian consents in writing to the following:

   1. (A) To allow the qualifying patient’s medical use of marijuana;
   2. (B) To assist the qualifying patient in the medical use of marijuana; and
   3. (C) To control the acquisition of the marijuana, the dosage, and the frequency of the medical use of marijuana by the qualifying patient; and

5. (3) The parent, guardian, or legal custodian registers as a designated caregiver for the qualifying patient.

   1. (d) Visiting patients.
6. (1) A visiting qualifying patient may obtain marijuana from a dispensary upon producing evidence of his or her registry identification card or its equivalent that is issued under the laws of another state, district, territory, commonwealth, or insular possession of the United States.
7. (2) The dispensary shall retain a copy of the registry identification card or its equivalent and his or her proper identification in a manner prescribed by the department.
8. (3) The dispensary shall require the visiting patient to certify, in a form required by the department, that they have been diagnosed by a physician to have one (1) or more qualifying medical conditions.

(e) Renewal.

1. (1) A registry identification card expires one (1) year after the date of issuance.

2. (2)

   1. (A) A registry identification card may expire on a date earlier than one (1) year after the date of issuance if the physician states in the written certification that he or she believes the qualifying patient would benefit from the medical use of marijuana only until a specified earlier date.
   2. (B) The specified earlier date will be the expiration date.

3. (3)

   1. (A) At least thirty (30) days before the expiration of the registry identification card, a qualifying patient or designated caregiver shall reapply for a registry identification card.
   2. (B) The application for renewal shall require the same information as the initial application.

(f) Department review of applications and renewals.

1. (1) The department shall review the information contained in an application or renewal for a qualifying patient or designated caregiver registry identification card within fourteen (14) days of receiving all the information required for the application, including the written certification from the physician.

2. (2) The department shall deny an application or renewal if:

   1. (A) The applicant had a previous registry identification card revoked in this state or any other jurisdiction where medical marijuana use is allowed;
   2. (B) The written certification was not made in the context of a physician-patient relationship;
   3. (C) The written certification was fraudulently obtained; or
   4. (D) The application or written certification was falsified in any way.

3. (3) The department may revoke the registry identification card of any cardholder who:

   1. (A) Transfers marijuana to a person who is not a qualifying patient, visiting patient, or designated caregiver with a valid registry identification card; or
   2. (B) Knowingly violates any provision of the amendment or this part.
4. (4) The denial of an application, denial of an application renewal, or revocation of a registry identification card is considered a final agency action by the department, subject to judicial review by the Pulaski County Circuit Court.

(g) Confidentiality.

1. (1)

   1. (A) The department shall maintain a list of all the persons to whom qualifying patient and designated caregiver registry identification cards have been issued.
   2. (B) This list shall be confidential, and release of information on this list is exempt under the Freedom of Information Act of 1976, Arkansas Code § 25-19-101 et seq.
   3. (C) Information from this list may be shared with the Alcoholic Beverage Control Division and the Medical Marijuana Commission, but only as necessary.
2. (2) All documentation submitted by qualifying patients or designated caregivers, including but not limited to applications and written certifications, shall remain confidential.
3. (3) The department shall verify to law enforcement personnel whether a registry identification card is valid without disclosing more information than is reasonably necessary to verify the authenticity of the registry identification card.