SECTION 310:681-2-2. Application for patient license for persons under age eighteen (18)  


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  • (a)   The application for a patient license for persons under the age of eighteen (18) shall be on the Department issued form and shall include at a minimum:
    (1)   The first name, middle name, last name and suffix, if applicable, of the applicant and of the applicant's parent(s) or legal guardian(s);
    (2)   The mailing address of the applicant and of the applicant's parent(s) or legal guardian(s);
    (3)   The date of birth of the applicant and of the applicant's parent(s) or legal guardian(s);
    (4)   The telephone number and email address of the applicant and/or the applicant's parent(s) or legal guardian(s);
    (5)   If the person submitting the application on behalf of a minor is the minor's legal guardian, a copy of documentation establishing the individual as the minor's legal guardian;
    (6)   The signature and attestation by the parent(s) or legal guardian(s) that the information provided in the application is true and correct; and
    (7)   The date the application was signed.
    (b)   An application must be submitted within thirty (30) days of signature or it will be rejected by the Department.
    (c)   A complete application shall include the following documentation or the application will be rejected:
    (1)   Documents establishing the applicant's parent(s) or legal guardian(s) is an Oklahoma resident as established in OAC 310:681-1-6 (relating to proof of residency).
    (2)   Documents establishing proof of identity as set forth in OAC 310:681-1-7 (relating to proof of identity) for the applicant and the applicant's parent(s) or legal guardian(s).
    (3)   A digital photograph, as established in OAC 310:681-1-8 (relating to applicant photograph), of the applicant and the applicant's parent(s) or legal guardian(s).
    (4)   Certifications and recommendations from two Oklahoma physicians dated within thirty (30) days of the date of submission of the application to the Department, on the forms provided by the Department, and including the information required under OAC 310:681-2-1(c)(4).
    (d)   Minor Patient Licenses are valid for a term of two (2) years, or until the minor turns age eighteen (18), whichever occurs first.
    (e)   Under no circumstances shall a minor patient license holder be authorized to smoke or vaporize any medical marijuana or medical marijuana products, unless both recommending physicians agree it is medically necessary. This Subsection does not prohibit minors from using nebulizers or other aerosolized medical devices.
    (f)   Payment of the application fee as established in 63 O.S. §420 et seq. is required unless the applicant is insured by Medicaid or Medicare.
    (1)   If the applicant is insured by Medicaid or Medicare, the applicant must provide a copy of their insurance card or other acceptable verification.
    (2)   Upon receipt of this verification the Department may attempt to verify the applicant is currently insured by the insuring agency.
    (3)   If the Department is unable to verify the insurance, the application shall be rejected until verification is obtained.
    (4)   All applicants who are verified as being insured by Medicaid or Medicare shall pay a reduced application fee as established in 63 O.S. §420 et seq.
    (5)   Application fees are nonrefundable.
    (g)   An applicant who can meet the requirements for a minor patient license as established in OAC 310:681-2-2 but whose physician recommendations for medical marijuana are only valid for sixty (60) days shall be issued a short-term medical marijuana license. A short-term medical marijuana license shall be valid for sixty (60) days. The initial license and renewal fee shall be $100.00, unless the applicant can prove he or she is insured by Medicaid or Medicare in accordance with OAC 310:681-2-2(f), in which case applicant shall pay a reduced fee of $20.00.
[Source: Added at 35 Ok Reg 659, eff 8-25-18 (emergency); Added at 35 Ok Reg 709, eff 8-25-18 (emergency); Added at 36 Ok Reg 1759, eff 9-13-19; Amended at 37 Ok Reg 13, eff 9-14-19 (emergency); Amended at 37 Ok Reg 168, eff 11-1-19 (emergency); Amended at 37 Ok Reg 1461, eff 9-11-20]