The New York State Senate

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

                                   970

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2019
                               ___________

Introduced  by  M. of A. PAULIN, LUPARDO, CRESPO, DICKENS, GALEF -- 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.  Paragraph  (a)  of  subdivision 7 of section 3360 of the public
health law, as amended by chapter 273 of the laws of 2018, is amended to
read as follows:
  (a) "Serious condition" means:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02058-01-9

A. 970                              2

  (i) having one of the following severe debilitating or  life-threaten-
ing conditions: cancer, positive status for human immunodeficiency virus
or  acquired  immune deficiency syndrome, amyotrophic lateral sclerosis,
Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
the  spinal  cord  with objective neurological indication of intractable
spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
Huntington's disease, post-traumatic stress disorder, pain that degrades
health  and  functional capability where the use of medical marihuana is
an alternative to opioid use, substance use disorder, or as added by the
commissioner; [and]
  (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
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.