A registered patient who lives in or is cared for by a hospice, a long-term care facility or a hospital can have a caregiver from that facility. The regulation sets a separate path for these places: the facility registers with the Commission, then registers each employee who will help patients.

Who counts as an institutional caregiver

An Institutional Caregiver is an employee of a hospice program, long-term care facility, or hospital providing care to a Registered Qualifying Patient on the premises of a long-term care facility, hospital or through a hospice program(state regulation).

A Caregiving Institution is a hospice program, long-term care facility, or hospital duly registered with the Commission(state regulation).

A visiting nurse, personal care attendant, or home health aide providing care to a Registered Qualifying Patient may serve as a Personal Caregiver(state regulation).

What the facility has to do

A hospice program, long term care facility, or hospital must obtain a Certificate of Registration as a Caregiving Institution before facilitating the medical use of marijuana to a Registered Qualifying Patient(state regulation).

The application includes a copy of the Caregiving Institution's current facility licensure or certification(state regulation).

A Caregiving Institution must apply for an Institutional Caregiver registration for all employees who will be facilitating a Registered Qualifying Patient's use of marijuana for medical purposes, and all such individuals must be 21 years of age or older(state regulation).

The application for each Institutional Caregiver includes a nonrefundable application fee, as required by the Commission(state regulation).

A Caregiving Institution must notify the Commission no more than one business day after an Institutional Caregiver ceases to be associated with it(state regulation).

A Registration Card for an Institutional Caregiver will be valid for one year from the date of issue(state regulation).

Source: 935 CMR 501.021, 501.022 and 501.145, Cornell Legal Information Institute, read November 5, 2026.
RuleWhat the regulation says
Facility registrationThe institution obtains a Certificate of Registration as a Caregiving Institution
Employee registrationThe institution registers each employee who will facilitate patients' use, and each must be 21 or older
Several patientsAn employee may serve as a caregiver for more than one registered patient at a time
GrowingAn employee may not cultivate marijuana for a patient under the institution's care
RecordsThe institution keeps records on all marijuana it receives for a patient
DeliveryAn Institutional Caregiver only receives delivery at the Caregiving Institution

An employee of the Caregiving Institution may serve as a Caregiver for more than one Registered Qualifying Patient at one time(state regulation).

An employee of the Caregiving Institution may not cultivate marijuana for a Registered Qualifying Patient under the care of the institution(state regulation).

A Caregiving Institution must maintain records on all marijuana received by the institution on behalf of a Registered Qualifying Patient(state regulation).

An Institutional Caregiver shall only receive delivery at their Caregiving Institution(state regulation).

The patient still has to be registered

The regulation allows a certification valid for two years when a Certifying Healthcare Provider diagnoses a patient with a terminal illness, or permanent disability, after an in-person Clinical Visit(state regulation).

A patient who is not a Massachusetts resident can qualify when receiving end-of-life or palliative care or cancer treatment in Massachusetts, as determined by a Certifying Healthcare Provider(state regulation).

Under state law, an employee of a hospice provider, nursing or medical facility providing care to a qualifying patient may also serve as a personal caregiver(state law).

Questions to ask the facility

  • Is the facility registered with the Commission as a Caregiving Institution?
  • Is the staff member who will help registered as an Institutional Caregiver?
  • Does the facility's own policy allow a registered patient to use medical marijuana there?
  • Can a family member or home aide act as the patient's personal caregiver instead?

Short answers

Can a home health aide be my personal caregiver?

Yes. A visiting nurse, personal care attendant, or home health aide providing care to a Registered Qualifying Patient may serve as a Personal Caregiver(state regulation).

How old must an institutional caregiver be?

All such individuals must be 21 years of age or older(state regulation).

How long is an institutional caregiver card valid?

A Registration Card for an Institutional Caregiver will be valid for one year from the date of issue(state regulation).

Can a facility employee grow marijuana for a patient?

No. An employee of the Caregiving Institution may not cultivate marijuana for a Registered Qualifying Patient under its care(state regulation).

Advanced Dispensary in Peabody

Advanced Dispensary in Peabody is being built and has no opening date.

Sources

Cuidados paliativos e longa permanência: cuidadores institucionais

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