The New York State Senate

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

                                  10104

                          I N  A S S E M B L Y

                             March 15, 2018
                               ___________

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

AN  ACT to amend the public health law, in relation to access to medical
  marihuana for animals

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

  Section  1. Subdivisions 3 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:
  3.  "Certified patient" means a HUMAN patient OR ANIMAL who is a resi-
dent of New York state or receiving care and treatment in New York state
as determined by the commissioner in regulation, and is certified  under
section thirty-three hundred sixty-one of this title.
  12.  "Practitioner"  means  a  practitioner  who  (i)  is  a physician
licensed by New York state and practicing  within  the  state  OR  IS  A
VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED THIRTY-FIVE OF THE
EDUCATION  LAW, (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 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. Subparagraph (ii) of paragraph (a) of subdivision  7  of  section
3360  of the public health law, as amended by chapter 403 of the laws of
2017, is amended and a new  subparagraph  (iii)  is  added  to  read  as
follows:
  (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.

                                                           LBD14920-01-8

A. 10104                            2

nausea; seizures; severe or persistent muscle spasms; or such conditions
as are added by the commissioner[.]; AND
  (III)  ANY  MEDICAL  CONDITION  THAT  MAY  BENEFIT FROM TREATMENT WITH
MEDICAL MARIHUANA AS DETERMINED BY A VETERINARIAN LICENSED  PURSUANT  TO
ARTICLE ONE HUNDRED THIRTY-FIVE OF THE EDUCATION LAW.
  §  3. This act shall take effect immediately; provided that the amend-
ments to title 5-A of article 33  of  the  public  health  law  made  by
sections  one  and  two  of this act shall not affect the repeal of such
title and shall be deemed repealed therewith.