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.