Assembly Bill A10104

                            
 
                     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.