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Assembly Bill A1149

2019-2020 Legislative Session

Relates to the definition of practitioner

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Archive: Last Bill Status - On Floor Calendar

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2019-A1149 (ACTIVE) - Details

See Senate Version of this Bill:
S2056
Law Section:
Public Health Law
Laws Affected:
Amd §3360, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8915, S7563
2021-2022: A170

2019-A1149 (ACTIVE) - Summary

Establishes that a practitioner is a physician who is authorized to prescribe controlled substances.

2019-A1149 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1149
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A. GOTTFRIED, LUPARDO, D'URSO, ABINANTI, WRIGHT,
   M. G. MILLER, SIMON, WEPRIN, LIFTON, ZEBROWSKI, McDONOUGH,  MORINELLO,
   JAFFEE -- read once and referred to the Committee on Health
 
 AN  ACT  to amend the public health law, in relation to authorization to
   prescribe controlled substances

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section 3360 of the public health law, as
 added by chapter 90 of the laws of 2014, is amended to read as follows:
   12.  "Practitioner"  means  a  practitioner  who  (i) is [a physician]
 AUTHORIZED BY THIS ARTICLE  TO  PRESCRIBE  A  CONTROLLED  SUBSTANCE,  IS
 licensed  [by  New York state and practicing within the state] OR OTHER-
 WISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW,  AND
 IS  ACTING  WITHIN  HIS  OR  HER LAWFUL SCOPE OF PRACTICE, (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 inclu-
 sion of nurse practitioners under this title based  upon  considerations
 including  access and availability. After such consideration the commis-
 sioner is authorized to deem nurse practitioners as practitioners  under
 this title.]
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law; provided that, effective immediately, the commission-
 er of health shall make regulations and take  other  actions  reasonably
 necessary for this act to take effect on that date; and provided further
 that  the  amendments  to  subdivision  12 of section 3360 of the public
 health law made by section one of this act shall not affect  the  repeal
 of such section and shall be deemed repealed therewith.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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