The New York State Senate

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

                                  8904

                          I N  A S S E M B L Y

                             January 5, 2018
                               ___________

Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, L. ROSEN-
  THAL,  ORTIZ, McDONALD, SIMON, SKOUFIS, CAHILL, BRONSON, D'URSO, HEVE-
  SI, LIFTON, MORELLE -- 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 the definition of
  a serious condition regarding the medical use of marihuana

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

  Section  1. Subdivision 7 of section 3360 of the public health law, as
added by chapter 90 of the laws of 2014 and paragraph (a) as amended  by
chapter 403 of the laws of 2017, is amended to read as follows:
  7.  [(a)] "Serious 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, post-traumatic stress disorder, 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
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 SEVERE  DEBILITAT-
ING  OR  LIFE-THREATENING  CONDITION,  OR SYMPTOM OR COMPLICATION OF THE
CONDITION OR ITS TREATMENT, FOR WHICH,  IN  THE  PRACTITIONER'S  PROFES-
SIONAL  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.

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

                      [ ] is old law to be omitted.
                                                           LBD13936-01-7

A. 8904                             2

  §  2.  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.