senate Bill S8191A

2017-2018 Legislative Session

Permits the administration of medical marihuana to students while at school and individuals with developmental disabilities while receiving services at a facility

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Education Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 21, 2018 print number 8191a
May 21, 2018 amend (t) and recommit to education
Apr 17, 2018 referred to education

Co-Sponsors

S8191 - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §923, Ed L; add §13.44, Ment Hyg L; amd §3360, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S219

S8191 - Summary

Relates to permitting the administration of medical marihuana to students while on school grounds, aboard a school bus, or while attending a school-sponsored event and to individuals with developmental disabilities while receiving services at a facility, provided that such administration is authorized by title 5-a of article 33 of the public health law.

S8191 - Sponsor Memo

S8191 - Bill Text download pdf


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

                                  8191

                            I N  S E N A T E

                             April 17, 2018
                               ___________

Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education

AN ACT to amend the  education  law  and  the  mental  hygiene  law,  in
  relation  to  permitting  the  administration  of medical marihuana to
  students while at school and to individuals with  developmental  disa-
  bilities while receiving services at a facility

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

  Section 1. This act shall be known as and may be cited  as  "Tanshin's
Law".
  §  2. The education law is amended by adding a new section 923 to read
as follows:
  § 923. ADMINISTRATION OF MEDICAL MARIHUANA. 1. A BOARD OF EDUCATION OR
CHIEF SCHOOL ADMINISTRATOR OF ALL PUBLIC  AND  NONPUBLIC  SCHOOLS  SHALL
DEVELOP  AND  EXECUTE  A  POLICY  AUTHORIZING PARENTS, GUARDIANS, FOSTER
PARENTS, PRIMARY CAREGIVERS, SCHOOL NURSES, NURSES  FROM  NURSING  AGEN-
CIES,  HEALTH PARAPROFESSIONALS AND ANY OTHER INDIVIDUAL DESIGNATED AS A
CAREGIVER OF A CERTIFIED PATIENT TO ADMINISTER MEDICAL  MARIHUANA  TO  A
STUDENT  WHILE THE STUDENT IS ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS, OR
ATTENDING A SCHOOL-SPONSORED EVENT AS  AUTHORIZED  BY  TITLE  FIVE-A  OF
ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  2. A POLICY ADOPTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL,
AT A MINIMUM:
  A. REQUIRE THAT THE STUDENT BE AUTHORIZED TO ENGAGE IN THE MEDICAL USE
OF  MEDICAL  MARIHUANA  AND  THAT  THE  PARENT, GUARDIAN, FOSTER PARENT,
PRIMARY CAREGIVER, SCHOOL NURSE, NURSE FROM  A  NURSING  AGENCY,  HEALTH
PARAPROFESSIONAL, OR ANY OTHER INDIVIDUAL DESIGNATED AS A CAREGIVER OF A
CERTIFIED  PATIENT  BE AUTHORIZED TO ASSIST THE STUDENT WITH THE MEDICAL
USE OF MARIHUANA PURSUANT TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE
PUBLIC HEALTH LAW;
  B. ESTABLISH PROTOCOLS FOR VERIFYING THE REGISTRATION STATUS AND ONGO-
ING AUTHORIZATION CONCERNING THE MEDICAL USE OF  MARIHUANA  PURSUANT  TO
TITLE  FIVE-A  OF  ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW FOR THE
STUDENT AND THE PARENT, GUARDIAN, PRIMARY CAREGIVER, OR SCHOOL NURSE;
  C. EXPRESSLY AUTHORIZE PARENTS,  GUARDIANS,  FOSTER  PARENTS,  PRIMARY
CAREGIVERS, SCHOOL NURSES, NURSES FROM NURSING AGENCIES, HEALTH PARAPRO-

Co-Sponsors

S8191A (ACTIVE) - Details

Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Add §923, Ed L; add §13.44, Ment Hyg L; amd §3360, Pub Health L
Versions Introduced in 2019-2020 Legislative Session:
S219

S8191A (ACTIVE) - Summary

Relates to permitting the administration of medical marihuana to students while on school grounds, aboard a school bus, or while attending a school-sponsored event and to individuals with developmental disabilities while receiving services at a facility, provided that such administration is authorized by title 5-a of article 33 of the public health law.

S8191A (ACTIVE) - Sponsor Memo

S8191A (ACTIVE) - Bill Text download pdf


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

                                 8191--A

                            I N  S E N A T E

                             April 17, 2018
                               ___________

Introduced by Sens. BENJAMIN, KRUEGER -- read twice and ordered printed,
  and  when  printed  to  be  committed to the Committee on Education --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

AN  ACT to amend the education law, the public health law and the mental
  hygiene law, in relation to permitting the administration  of  medical
  marihuana to students while at school and to individuals with develop-
  mental disabilities while receiving services at a facility

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

  Section 1. This act shall be known as and may be cited  as  "Tanshin's
Law".
  §  2. The education law is amended by adding a new section 923 to read
as follows:
  § 923. ADMINISTRATION OF MEDICAL MARIHUANA.  1. ALL PRIVATE AND PUBLIC
SCHOOLS SHALL BE PERMITTED TO BECOME DESIGNATED CAREGIVERS OF  A  CERTI-
FIED  PATIENT  AS SUCH TERMS ARE DEFINED IN SECTION THIRTY-THREE HUNDRED
SIXTY OF THE PUBLIC HEALTH LAW WHERE SUCH CERTIFIED PATIENT IS A STUDENT
OF SUCH SCHOOL.
  2. A BOARD OF EDUCATION OR CHIEF SCHOOL ADMINISTRATOR  OF  ALL  PUBLIC
AND  NONPUBLIC  SCHOOLS MAY DEVELOP AND EXECUTE A POLICY AUTHORIZING ANY
INDIVIDUAL DESIGNATED AS A CAREGIVER OF A CERTIFIED  PATIENT  INCLUDING,
BUT  NOT LIMITED TO SUCH CERTIFIED PATIENT'S SCHOOL, IF SUCH SCHOOL IS A
DESIGNATED CAREGIVER OF THE CERTIFIED PATIENT, AS PERMITTED BY  SUBDIVI-
SION  ONE OF THIS SECTION TO ADMINISTER MEDICAL MARIHUANA TO A CERTIFIED
PATIENT WHO IS A STUDENT WHILE THE STUDENT IS ON SCHOOL GROUNDS,  ABOARD
A  SCHOOL  BUS,  OR  ATTENDING A SCHOOL-SPONSORED EVENT AS AUTHORIZED BY
TITLE FIVE-A OF ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
  3. A POLICY ADOPTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL,
AT A MINIMUM:
  A. REQUIRE THAT THE STUDENT BE AUTHORIZED TO ENGAGE IN THE MEDICAL USE
OF MEDICAL MARIHUANA AND THAT THE DESIGNATED CAREGIVER  OF  A  CERTIFIED
PATIENT  BE  AUTHORIZED  TO  ASSIST  THE STUDENT WITH THE MEDICAL USE OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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