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Assembly Bill A2865

2019-2020 Legislative Session

Provides that testing positive for marihuana on a drug test shall not be determinative of whether a certified patient is performing his or her employment duties while impaired

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Archive: Last Bill Status - On Floor Calendar

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2019-A2865 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §3369, Pub Health L
Versions Introduced in Other Legislative Sessions:
2015-2016: A8348
2017-2018: A4560
2021-2022: A5171

2019-A2865 (ACTIVE) - Summary

Provides that testing positive for marihuana on a drug test shall not be determinative of whether a certified patient is performing his or her employment duties while impaired by a controlled substance or be the basis for a hiring decision or disciplinary action against such patient.

2019-A2865 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2865
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
   tee on Health
 
 AN  ACT  to  amend the public health law, in relation to protections for
   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 2 of section 3369 of the public health law, as
 added by chapter 90 of the laws of 2014, is amended to read as follows:
   2. Non-discrimination. Being a certified patient shall be deemed to be
 having a "disability" under article fifteen of the executive law  (human
 rights  law),  section forty-c of the civil rights law, sections 240.00,
 485.00, and 485.05 of the penal law, and section 200.50 of the  criminal
 procedure law. This subdivision shall not bar the enforcement of a poli-
 cy  prohibiting an employee from performing his or her employment duties
 while impaired by a controlled substance.   THE FACT  THAT  A  CERTIFIED
 PATIENT  TESTS POSITIVE FOR MARIHUANA IN A DRUG TEST SHALL NOT BE DETER-
 MINATIVE OF WHETHER SUCH CERTIFIED PATIENT  IS  PERFORMING  HIS  OR  HER
 EMPLOYMENT DUTIES WHILE IMPAIRED BY A CONTROLLED SUBSTANCE AND SHALL NOT
 BE  THE  BASIS  FOR  A  HIRING DECISION OR DISCIPLINARY ACTION AGAINST A
 CERTIFIED PATIENT. This subdivision shall  not  require  any  person  or
 entity to do any act that would put the person or entity in violation of
 federal law or cause it to lose a federal contract or funding.
   §  2.  This  act shall take effect immediately; provided, however, the
 amendments to section 3369 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.
                                                            LBD05096-01-9

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