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Assembly Bill A8904

2017-2018 Legislative Session

Relates to the definition of a serious condition regarding the medical use of marihuana

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Archive: Last Bill Status - On Floor Calendar

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2017-A8904 (ACTIVE) - Details

See Senate Version of this Bill:
S7755
Law Section:
Public Health Law
Laws Affected:
Amd §3360, Pub Health L
Versions Introduced in Other Legislative Sessions:
2019-2020: A1125, S2058
2021-2022: A169

2017-A8904 (ACTIVE) - Summary

Defines a serious condition regarding the medical use of marihuana as a severe debilitating or life-threatening 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.

2017-A8904 (ACTIVE) - Bill Text download pdf 

                            
 
                     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

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