1. (a) An application for initial approval as a qualifying patient or a designated caregiver shall be complete when the department determines that all information and supporting documentation required by He-C 401.04, He-C 401.05, He-C 401.06, He-C 401.08, or He-C 401.09 have been received.
2. (b) If an application does not contain all of the items required by He-C 401.04, He-C 401.05, He-C 401.06, He-C 401.08, or He-C 401.09 the department shall notify the applicant, and the applicant’s certifying provider in the case of a written certification, in writing within 10 days specifying any information or supporting documentation required to be submitted before the application can be processed.
3. (c) If after written notice in (b) above the applicant, or the applicant’s provider in the case of a written certification, fails to provide the missing information or supporting documentation, including payment of the required fee, within 30 days of such notice, the application shall be considered incomplete.
4. (d) If the missing information or supporting documentation, including payment of the required fee, is not received within 6 months of the notice, the application shall be considered closed, and that applicant may reapply by re-submitting all required application materials, including the required fee(s), anew.

5. (e) The department shall approve an applicant as a qualifying patient if the department determines that:

   1. (1) The applicant has submitted to the department a complete application and the required supporting documentation in accordance with He-C 401.04;
   2. (2) The applicant is a resident of New Hampshire;
   3. (3) The applicant’s provider has completed a written certification that meets the requirements of He-C 401.07 and has certified that the applicant has a qualifying medical condition which meets the definition in He-C 401.02(j);
   4. (4) All information submitted is accurate;
   5. (5) No basis for denial, as established in He-C 401.12(a), exists;
   6. (6) In the case of a minor patient, all requirements in He-C 401.08 have been met; and
   7. (7) In the case of an adult patient with guardian(s), all requirements in He-C 401.09 have been met.

6. (f) The department shall approve an applicant as a designated caregiver if the department determines that:

   1. (1) The applicant has submitted to the department a complete application and required supporting documentation in accordance with He-C 401.05;
   2. (2) The applicant is at least 21 years old;
   3. (3) The qualifying patient(s) listed on the caregiver application has designated the caregiver applicant as the qualifying patient’s caregiver;
   4. (4) The number of qualifying patients listed on the caregiver application does not exceed 5, except that additional qualifying patients shall be allowed, up to a maximum of 9, if both the designated caregiver and the additional qualifying patients each live greater than 50 miles from the nearest ATC;
   5. (5) All information submitted is accurate; and
   6. (6) No basis for denial, as established in He-C 401.12(a), exists.
7. (g) Pursuant to RSA 126-X:4, III, the department shall act on a complete application, including all supporting documentation and the required fee, for either a qualifying patient or a designated caregiver within 15 calendar days of its receipt. This timeframe shall not apply to applications that are determined to be incomplete.
8. (h) Within 5 calendar days of the determination to approve an application for either a qualifying patient or a designated caregiver, the department shall issue to the applicant a registry identification card.

9. (i) The department shall send notice of the qualifying patient’s approval to the patient’s certifying provider, including:

   1. (1) The expiration date of the patient’s registry identification card; and
   2. (2) Information about providing recommendations or instructions to ATCs regarding the patient’s therapeutic use of cannabis, described in He-C 401.06(b)(11).

Source. (See Revision Note #1 at part heading for He-C 401) #10646, eff 11-2-15; ss by #13220, eff 7-1-21 (see Revision Note #2 at part heading for He-C 401); ss by #13567, eff 5-1-23