The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10588

                          I N  A S S E M B L Y

                               May 8, 2018
                               ___________

Introduced  by  M.  of  A.  GOTTFRIED  --  read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to  the  approval  of
  laboratories and dispensing sites for medical marihuana

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 3 of section 3364 of the public health law,  as
added by chapter 90 of the laws of 2014, is amended to read as follows:
  3.  Each  registered  organization  shall contract with an independent
laboratory to test the medical  marihuana  produced  by  the  registered
organization.  The commissioner shall approve the laboratory and require
that the laboratory report testing results in a manner determined by the
commissioner. THE COMMISSIONER SHALL APPROVE AT LEAST THREE SUCH LABORA-
TORIES BY JANUARY 1, 2019. The commissioner is authorized to issue regu-
lation requiring [the] EACH laboratory  to  perform  certain  tests  and
services.
  §  2. Subdivision 9 of section 3365 of the public health law, as added
by chapter 90 of the laws of 2014, is amended to read as follows:
  9. The commissioner shall register no more than [five] TEN  registered
organizations  that  manufacture  medical  marihuana  with  no more than
[four] TWENTY-FIVE dispensing sites wholly owned and  operated  by  EACH
such  registered  organization.  The commissioner shall ensure that such
registered  organizations  and  dispensing  sites   are   geographically
distributed  across  the  state[. The commission may register additional
registered organizations], WITH EACH REGISTERED ORGANIZATION ALLOWED  TO
OPERATE:
  A.  NO  MORE  THAN  SEVEN  DISPENSING SITES IN TOTAL IN THE BINGHAMTON
REGION, THE CAPITAL DISTRICT-CHAMPLAIN REGION, THE  ELMIRA  REGION,  THE
MID-HUDSON  REGION,  THE  MOHAWK VALLEY REGION, THE NIAGARA-SOUTHWESTERN
REGION, THE NORTHERN REGION, THE  ROCHESTER  REGION,  AND  THE  SYRACUSE
REGION,  WHERE SUCH REGIONS ARE DEFINED IN SECTION TWO HUNDRED ELEVEN OF
THE BANKING LAW;
  B. NO MORE THAN TWO DISPENSING SITES IN THE COUNTY OF NASSAU;
  C. NO MORE THAN ONE DISPENSING SITE IN THE COUNTY OF SUFFOLK;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD15362-01-8

A. 10588                            2

  D. NO MORE THAN TWO DISPENSING SITES IN THE COUNTY OF WESTCHESTER;
  E. NO MORE THAN ONE DISPENSING SITE IN THE COUNTY OF ROCKLAND;
  F. NO MORE THAN THREE DISPENSING SITES IN THE COUNTY OF NEW YORK;
  G. NO MORE THAN THREE DISPENSING SITES IN THE COUNTY OF KINGS;
  H. NO MORE THAN THREE DISPENSING SITES IN THE COUNTY OF QUEENS;
  I. NO MORE THAN TWO DISPENSING SITES IN THE COUNTY OF BRONX; AND
  J. NO MORE THAN ONE DISPENSING SITE IN THE COUNTY OF RICHMOND.
  NO DISPENSING SITE SHALL BE LOCATED WITHIN ONE THOUSAND FEET OF ANOTH-
ER  DISPENSING  SITE.  THE  COMMISSIONER SHALL APPROVE THE LOCATION OF A
DISPENSING SITE UPON VERIFYING THAT IT IS NOT LOCATED WITHIN  ONE  THOU-
SAND FEET OF ANOTHER DISPENSING SITE, AND UPON RECEIPT OF A STATEMENT OF
NON-OPPOSITION  FROM THE APPROPRIATE LOCAL GOVERNMENT ENTITY RESPONSIBLE
FOR LAND USE APPROVAL.
  § 3. This act shall take effect immediately;  provided,  however  that
the amendments to subdivision 3 of section 3364 of the public health law
made  by section one of this act shall not affect the expiration of such
section and shall be deemed to be repealed therewith; provided, further,
that the amendments to subdivision 9  of  section  3365  of  the  public
health  law made by section two of this act shall not affect the expira-
tion of such section and shall be deemed to be repealed therewith.

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                10588--A

                          I N  A S S E M B L Y

                               May 8, 2018
                               ___________

Introduced  by  M. of A. GOTTFRIED, RICHARDSON, BRONSON, VANEL, DICKENS,
  RA -- Multi-Sponsored by -- M. of A. LENTOL -- read once and  referred
  to  the  Committee  on  Health  -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the public health  law,  in  relation  to  allowing  for
  facility  caregivers  to possess medical marihuana in a similar manner
  to that of a designated caregiver

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 12 of section 3360 of the public health law, as
added  by  chapter 90 of the laws of 2014, is amended and a new subdivi-
sion 19 is added to read as follows:
  12. "Practitioner" means a  practitioner  who  (i)  is  [a  physician]
AUTHORIZED  BY  THIS  ARTICLE  TO  PRESCRIBE  A CONTROLLED SUBSTANCE, IS
licensed [by New York state and practicing within the state]  OR  OTHER-
WISE  AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW, AND
IS ACTING WITHIN HIS OR HER LAWFUL SCOPE  OF  PRACTICE,  (ii)  [who]  by
training  or  experience  is  qualified  to treat a serious condition as
defined in subdivision seven of this section; and (iii) has completed  a
two  to four hour course as determined by the commissioner in regulation
and registered with the department;  provided  however,  a  registration
shall  not  be  denied without cause. Such course may count toward board
certification requirements.  [The commissioner shall consider the inclu-
sion of nurse practitioners under this title based  upon  considerations
including  access and availability. After such consideration the commis-
sioner is authorized to deem nurse practitioners as practitioners  under
this title.]
  19.  "MEDICAL  MARIHUANA  RESEARCH  PROGRAM" MEANS A MEDICAL MARIHUANA
RESEARCH PROGRAM UNDER SUBDIVISION THREE OF SECTION THIRTY-THREE HUNDRED
SIXTY-SEVEN OF THIS TITLE.
  § 2. Subdivision 5 of section 3360 of the public health law, as  added
by  chapter  90 of the laws of 2014, is amended and two new subdivisions
20 and 21 are added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15362-02-8

A. 10588--A                         2

  5. "Designated caregiver" means the individual OR  FACILITY  CAREGIVER
designated by a certified patient in a registry application. A certified
patient  may  designate  up to two designated caregivers, NOT COUNTING A
FACILITY CAREGIVER OR FACILITY CAREGIVER EMPLOYEE.
  20. "FACILITY CAREGIVER" MEANS ANY OF THE FOLLOWING THAT IS CARING FOR
THE CERTIFIED PATIENT:
  (A)  A  GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY OPERATING
PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER;
  (B) AN ADULT CARE FACILITY OPERATING PURSUANT TO TITLE TWO OF  ARTICLE
SEVEN OF THE SOCIAL SERVICES LAW;
  (C)  A  COMMUNITY  MENTAL  HEALTH  RESIDENCE  ESTABLISHED  PURSUANT TO
SECTION 41.44 OF THE MENTAL HYGIENE LAW;
  (D) A HOSPITAL OPERATING  PURSUANT  TO  SECTION  7.17  OF  THE  MENTAL
HYGIENE LAW;
  (E) A MENTAL HYGIENE FACILITY OPERATING PURSUANT TO ARTICLE THIRTY-ONE
OF THE MENTAL HYGIENE LAW;
  (F)  AN  INPATIENT OR RESIDENTIAL TREATMENT PROGRAM CERTIFIED PURSUANT
TO ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW;
  (G) A RESIDENTIAL FACILITY FOR THE CARE AND TREATMENT OF PERSONS  WITH
DEVELOPMENTAL  DISABILITIES OPERATING PURSUANT TO ARTICLE SIXTEEN OF THE
MENTAL HYGIENE LAW;
  (H) A RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND YOUTH  OPERATING
PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW;
  (I) A PRIVATE OR PUBLIC PRIMARY OR SECONDARY SCHOOL CHARTED BY THE NEW
YORK  STATE  BOARD OF REGENTS PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF
THE EDUCATION LAW;
  (J) AN ENTITY CONDUCTING  OR  PARTICIPATING  IN  A  MEDICAL  MARIHUANA
RESEARCH PROGRAM UNDER SUBDIVISION THREE OF SECTION THIRTY-THREE HUNDRED
SIXTY-SEVEN  OF THIS TITLE, WITH RESPECT TO A CERTIFIED PATIENT ENROLLED
IN THE PROGRAM;
  (K) ANY OTHER FACILITY DEEMED APPROPRIATE BY THE COMMISSIONER; OR
  (L) A FACILITY CAREGIVER EMPLOYEE.
  21. "FACILITY CAREGIVER EMPLOYEE" MEANS  AN  EMPLOYEE  OF  A  FACILITY
CAREGIVER  WHO  PERFORMS  THE SERVICES OF A DESIGNATED CAREGIVER FOR THE
FACILITY CAREGIVER.
  § 3. Subdivision 2 of section 3362 of the public health law, as  added
by chapter 90 of the laws of 2014, is amended and a new subdivision 3 is
added to read as follows:
  2. Notwithstanding subdivision one of this section:
  (a)  possession  of  medical  marihuana shall not be lawful under this
title if it is smoked, consumed, vaporized, or grown in a public  place,
regardless  of  the  form  of  medical marihuana stated in the patient's
certification.
  (b) a [person] CERTIFIED PATIENT OR  DESIGNATED  CAREGIVER  possessing
medical  marihuana  under  this  title shall possess his or her registry
identification card at all times when in immediate possession of medical
marihuana.
  3. THE POSSESSION, ACQUISITION, TRANSPORTATION, STORAGE,  OR  ADMINIS-
TRATION  OF  MEDICAL  MARIHUANA BY A FACILITY CAREGIVER, SHALL BE LAWFUL
UNDER THIS TITLE; PROVIDED THAT:
  (A) THE FACILITY CAREGIVER FIRST REGISTERS WITH THE DEPARTMENT,  ON  A
FORM PRESCRIBED BY THE COMMISSIONER;
  (B) SUCH POSSESSION, ACQUISITION, TRANSPORTATION, STORAGE, OR ADMINIS-
TRATION IS ON BEHALF OF A CERTIFIED PATIENT;

A. 10588--A                         3

  (C)  THE FACILITY CAREGIVER MAINTAINS A COPY OF THE REGISTRY IDENTIFI-
CATION CARD OF EACH CERTIFIED PATIENT FOR WHICH IT POSSESSES,  ACQUIRES,
TRANSPORTS, STORES OR ADMINISTERS MEDICAL MARIHUANA; AND
  (D)  A  FACILITY CAREGIVER EMPLOYEE SHALL BE IDENTIFIED AS AN EMPLOYEE
WHEN NECESSARY, AS PROVIDED BY THE COMMISSIONER.
  § 4. Subdivisions 2, 3 and 5 of section 3363 of the public health law,
as added by chapter 90 of the laws of  2014,  are  amended  to  read  as
follows:
  2.  To obtain, amend or renew a registry identification card, a certi-
fied patient or designated caregiver shall file a  registry  application
with  the  department.  The  registry application or renewal application
shall include:
  (a) in the case of a certified patient:
  (i) the patient's certification (a new written certification shall  be
provided with a renewal application);
  (ii) the name, address, and date of birth of the patient;
  (iii) the date of the certification;
  (iv)  if  the  patient  has  a registry identification card based on a
current valid certification,  the  registry  identification  number  and
expiration date of that registry identification card;
  (v)  the  specified  date  until  which the patient would benefit from
medical marihuana, if the certification states such a date;
  (vi) the name, address, federal  registration  number,  and  telephone
number of the certifying practitioner;
  (vii)  any  recommendation or limitation by the practitioner as to the
form or forms of medical marihuana or dosage for the certified  patient;
and
  (viii)  other  individual  identifying  information  required  by  the
department;
  (b) in the case of a certified patient, if the  patient  designates  a
designated caregiver, the name, address, and date of birth of the desig-
nated  caregiver,  and other individual identifying information required
by the department;
  (c) in the case of a designated caregiver:
  (i) the name, address, and date of birth of the designated caregiver;
  (ii) if the designated caregiver has a registry  identification  card,
the  registry identification number and expiration date of that registry
identification card; and
  (iii) other individual identifying information required by the depart-
ment;
  (d) IN THE CASE OF A FACILITY CAREGIVER, THE FACILITY  SHALL  MAKE  AN
APPLICATION  UNDER  PARAGRAPH  (C) OF THIS SUBDIVISION FOR THE FACILITY;
DESIGNATION OF FACILITY CAREGIVER EMPLOYEES SHALL NOT BE REQUIRED;
  (E) a statement that a false statement  made  in  the  application  is
punishable under section 210.45 of the penal law;
  [(e)]  (F) the date of the application and the signature of the certi-
fied patient or designated caregiver, as the case may be;
  [(f)] (G) a fifty dollar application fee, provided, that  the  depart-
ment may waive or reduce the fee in cases of financial hardship; and
  [(g)] (H) any other requirements determined by the commissioner.
  3. Where a certified patient is under the age of eighteen:
  (a)  The  application for a registry identification card shall be made
by an appropriate person over twenty-one years of age.  The  application
shall state facts demonstrating that the person is appropriate.
  (b)  The  designated caregiver shall be (i) a parent or legal guardian
of the certified patient, (ii) a person designated by a parent or  legal

A. 10588--A                         4

guardian, [or] (iii) IN THE CASE OF SUCH A CERTIFIED PATIENT BEING CARED
FOR  BY  A  FACILITY CAREGIVER, THE FACILITY CAREGIVER DESIGNATED BY THE
PARENT OR LEGAL GUARDIAN OF THE CERTIFIED PATIENT, OR (IV) an  appropri-
ate  person approved by the department upon a sufficient showing that no
parent or legal guardian is appropriate or available.
  5. No person may be a designated caregiver for more than  five  certi-
fied patients at one time; PROVIDED THAT THIS LIMITATION SHALL NOT APPLY
TO A FACILITY CAREGIVER OR FACILITY CAREGIVER EMPLOYEE.
  §  5. Subdivision 3 of section 3364 of the public health law, as added
by chapter 90 of the laws of 2014, is amended to read as follows:
  3. Each registered organization shall  contract  with  an  independent
laboratory  to  test  the  medical  marihuana produced by the registered
organization. The commissioner shall approve the laboratory and  require
that the laboratory report testing results in a manner determined by the
commissioner. The commissioner is authorized to issue regulation requir-
ing the laboratory to perform certain tests and services. SUCH LABORATO-
RY  SHALL NOT BE REQUIRED TO BE LICENSED BY THE FEDERAL DRUG ENFORCEMENT
ADMINISTRATION.
  § 6. Section 3364 of the public health law is amended by adding a  new
subdivision 14 to read as follows:
  14.  A REGISTERED ORGANIZATION MAY CONTRACT WITH A PERSON OR ENTITY TO
PROVIDE FACILITIES, EQUIPMENT, OR SERVICES THAT ARE  PART  OF  OR  INCI-
DENTAL  TO  THE  REGISTERED ORGANIZATION'S FUNCTIONS OR ACTIVITIES UNDER
THIS SECTION. ALL LAWS AND REGULATIONS  APPLICABLE  TO  THE  FACILITIES,
EQUIPMENT  OR  SERVICES  SHALL  APPLY  TO THE CONTRACTOR. THE REGISTERED
ORGANIZATION AND OTHER PARTIES TO THE CONTRACT SHALL EACH BE RESPONSIBLE
AND ACCOUNTABLE FOR COMPLIANCE WITH SUCH LAWS AND REGULATIONS UNDER  THE
CONTRACT.    CONTRACTING UNDER THIS SUBDIVISION SHALL BE APPROVED BY THE
COMMISSIONER, UNLESS THE COMMISSIONER PROVIDES OTHERWISE BY  REGULATION.
THE  COMMISSIONER MAY MAKE REGULATIONS CONSISTENT WITH THIS TITLE RELAT-
ING TO CONTRACTS AND PARTIES TO CONTRACTS UNDER THIS SUBDIVISION.
  § 7. Subdivision 9 of section 3365 of the public health law, as  added
by chapter 90 of the laws of 2014, is amended to read as follows:
  9.  The  commissioner  shall  register  [no more than five] registered
organizations that manufacture  medical  marihuana  with  no  more  than
[four]  TWENTY-FIVE  dispensing  sites wholly owned and operated by EACH
such registered organization. The commissioner shall  ensure  that  such
[registered  organizations  and]  dispensing  sites  are  geographically
distributed across the state. [The commission  may  register  additional
registered  organizations] REGISTERED ORGANIZATIONS, GIVEN NO DISPENSING
SITE SHALL BE LOCATED WITHIN ONE THOUSAND  FEET  OF  ANOTHER  DISPENSING
SITE, SHALL BE ALLOWED TO OPERATE:
  (A)  NO  MORE  THAN  SEVEN DISPENSING SITES IN TOTAL IN THE BINGHAMTON
REGION, THE CAPITAL DISTRICT-CHAMPLAIN REGION, THE  ELMIRA  REGION,  THE
MID-HUDSON  REGION,  THE  MOHAWK VALLEY REGION, THE NIAGARA-SOUTHWESTERN
REGION, THE NORTHERN REGION, THE ROCHESTER REGION, ROCKLAND COUNTY,  AND
THE  SYRACUSE REGION, AS SUCH REGIONS ARE DEFINED IN SECTION TWO HUNDRED
ELEVEN OF THE BANKING LAW;
  (B) NO MORE THAN TWO DISPENSING SITES IN THE COUNTY OF NASSAU;
  (C) NO MORE THAN TWO DISPENSING SITES IN THE COUNTY OF SUFFOLK;
  (D) NO MORE THAN TWO DISPENSING SITES IN THE COUNTY OF WESTCHESTER;
  (E) NO MORE THAN THREE DISPENSING SITES IN THE COUNTY OF NEW YORK;
  (F) NO MORE THAN THREE DISPENSING SITES IN THE COUNTY OF KINGS;
  (G) NO MORE THAN THREE DISPENSING SITES IN THE COUNTY OF QUEENS;
  (H) NO MORE THAN TWO DISPENSING SITES IN THE COUNTY OF BRONX; AND
  (I) NO MORE THAN ONE DISPENSING SITE IN THE COUNTY OF RICHMOND.

A. 10588--A                         5

  § 8. Subdivision 3 of section 3367 of the public health law is  renum-
bered subdivision 4 and a new subdivision 3 is added to read as follows:
  3.  TO  FACILITATE RESEARCH ON MEDICAL MARIHUANA, A PROFESSIONAL PRAC-
TICE THAT INCLUDES ONE OR MORE PRACTITIONERS AT LEAST ONE OF WHOM SUPER-
VISES THE PRACTICE'S PARTICIPATION IN  THE  MEDICAL  MARIHUANA  RESEARCH
PROGRAM, A HOSPITAL LICENSED UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER,
OR  OTHER  ORGANIZATION  OTHERWISE  ALLOWED  TO  CONDUCT SUCH A RESEARCH
PROGRAM MAY CONDUCT OR  PARTICIPATE  IN  A  MEDICAL  MARIHUANA  RESEARCH
PROGRAM. THE ENTITY CONDUCTING OR PARTICIPATING IN THE MEDICAL MARIHUANA
RESEARCH  PROGRAM  SHALL  FILE  A  COPY  OF THE RESEARCH PROTOCOL OF THE
PROGRAM WITH THE DEPARTMENT PRIOR TO ACTING AS A FACILITY CAREGIVER AS A
MEDICAL MARIHUANA RESEARCH PROGRAM. PARTICIPATION BY  PATIENTS  IN  SUCH
MEDICAL MARIHUANA RESEARCH PROGRAM SHALL BE VOLUNTARY.
  §  9.  This act shall take effect immediately; provided, however, that
the amendments to title 5-A of article 33 of the public health law  made
by  sections  one,  two, three, four, five, six, seven and eight of this
act shall not affect the repeal  of  such  title  and  shall  be  deemed
repealed  therewith; provided further, however, that sections two, three
and four of this act shall take effect on the  ninetieth  day  after  it
shall  have  become a law; and provided further, however, section six of
this act shall take effect on the one hundred  eightieth  day  after  it
shall  have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on  its  effective  date  are  authorized  to  be  made  and
completed on or before such effective date.