S T A T E O F N E W Y O R K
________________________________________________________________________
8598
2017-2018 Regular Sessions
I N A S S E M B L Y
July 10, 2017
___________
Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, ROSEN-
THAL, ORTIZ, McDONALD, SIMON, SKOUFIS, CAHILL, BRONSON, D'URSO --
Multi-Sponsored by -- M. of A. COOK, CRESPO -- read once and referred
to the Committee on Health
AN ACT to amend the public health law, in relation to defining certain
terms regarding the use of medical marihuana
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 1, 7 and 12 of section 3360 of the public
health law, as added by chapter 90 of the laws of 2014, are amended to
read as follows:
1. "Certified medical use" means the acquisition, possession, use, or,
transportation of medical marihuana by a certified patient, or the
acquisition, possession, delivery, transportation or administration of
medical marihuana by a designated caregiver, for use as part of the
treatment of the patient's [serious] condition, as authorized in a
certification under this title including enabling the patient to toler-
ate treatment for the [serious] condition. A certified medical use does
not include smoking.
7. [(a) "Serious condition"] "CONDITION" means:
[(i) having one of the following severe debilitating or life-threaten-
ing conditions: cancer, positive status for human immunodeficiency virus
or acquired immune deficiency syndrome, amyotrophic lateral sclerosis,
Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
the spinal cord with objective neurological indication of intractable
spasticity, epilepsy, inflammatory bowel disease, neuropathies,
Huntington's disease, or as added by the commissioner; and
(ii) any of the following conditions where it is clinically associated
with, or a complication of, a condition under this paragraph or its
treatment: cachexia or wasting syndrome; severe or chronic pain; severe
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11942-02-7
A. 8598 2
nausea; seizures; severe or persistent muscle spasms; or such conditions
as are added by the commissioner.
(b) No later than eighteen months from the effective date of this
section, the commissioner shall determine whether to add the following
serious conditions: Alzheimer's, muscular dystrophy, dystonia, post-
traumatic stress disorder and rheumatoid arthritis] A CONDITION, OR
SYMPTOM OR COMPLICATION OF THE CONDITION OR ITS TREATMENT, FOR WHICH, IN
THE PRACTITIONER'S PROFESSIONAL OPINION AND REVIEW OF PAST TREATMENTS,
THE PATIENT IS LIKELY TO RECEIVE THERAPEUTIC OR PALLIATIVE BENEFIT FROM
PRIMARY OR ADJUNCTIVE TREATMENT WITH MEDICAL USE OF MEDICAL MARIHUANA.
12. "Practitioner" means a practitioner who [(i) is a physician
licensed by New York state and practicing within the state, (ii) who] IS
AUTHORIZED TO PRESCRIBE A CONTROLLED SUBSTANCE by training or experience
AND LEGAL SCOPE OF PRACTICE, AND is qualified to treat [a serious] THE
condition [as defined in subdivision seven of this section;] THAT IS THE
BASIS FOR A PATIENT'S CERTIFICATION 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 certif-
ication requirements. [The commissioner shall consider the inclusion of
nurse practitioners under this title based upon considerations including
access and availability. After such consideration the commissioner is
authorized to deem nurse practitioners as practitioners under this
title.]
§ 2. Subdivisions 1 and 2 of section 3361 of the public health law, as
added by chapter 90 of the laws of 2014, are amended to read as follows:
1. A patient certification may only be issued if: (a) a practitioner
has been registered with the department to issue a certification as
determined by the commissioner; (b) the patient has a [serious] condi-
tion, which shall be specified in the patient's health care record; (c)
the practitioner by training or experience is qualified to treat the
[serious] condition; (d) the patient is under the practitioner's contin-
uing care for the [serious] condition; and (e) in the practitioner's
professional opinion and review of past treatments, the patient is like-
ly to receive therapeutic or palliative benefit from the primary or
adjunctive treatment with medical use of marihuana for the [serious]
condition.
2. The certification shall include (a) the name, date of birth and
address of the patient; (b) a statement that the patient has a [serious]
condition AS DEFINED IN THIS TITLE and the patient is under the practi-
tioner's CONTINUING care for the [serious] condition; (c) a statement
attesting that all requirements of subdivision one of this section have
been satisfied; (d) the date; and (e) the name, address, federal regis-
tration number, telephone number, and the handwritten signature of the
certifying practitioner. The commissioner may require by regulation that
the certification shall be on a form provided by the department. The
practitioner may state in the certification that, in the practitioner's
professional opinion, the patient would benefit from medical marihuana
only until a specified date. The practitioner may state in the certif-
ication that, in the practitioner's professional opinion, the patient is
terminally ill and that the certification shall not expire until the
patient dies.
§ 3. Subdivision 11 of section 3363 of the public health law, as added
by chapter 90 of the laws of 2014, is amended to read as follows:
11. A certified patient or designated caregiver who has been issued a
registry identification card shall notify the department of any change
A. 8598 3
in his or her name or address or, with respect to the patient, if he or
she ceases to have the [serious] condition noted on the certification
within ten days of such change. The certified patient's or designated
caregiver's registry identification card shall be deemed invalid and
shall be returned promptly to the department.
§ 4. Subdivision 1 of section 3365-a of the public health law, as
added by chapter 416 of the laws of 2015, is amended to read as follows:
1. There is hereby established in the department an emergency medical
marihuana access program (referred to in this section as the "program")
under this section. The purpose of the program is to expedite the avail-
ability of medical marihuana to avoid suffering and loss of life, during
the period before full implementation of and production under this
title, especially in the case of patients whose [serious] condition is
progressive and degenerative or is such that delay in the patient's
medical use of marihuana poses a serious risk to the patient's life or
health. The commissioner shall implement the program as expeditiously as
practicable, including by emergency regulation.
§ 5. 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 this act shall not affect the expiration and repeal of such title and
shall expire and be deemed repealed therewith.