Senate Bill S219

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    219
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced by Sens. BENJAMIN, KRUEGER -- read twice and ordered printed,
   and when printed to be committed to the Committee on Education
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01760-01-9

 S. 219                              2
 
 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 DESIGNATED CAREGIVER;
   C.  EXPRESSLY  AUTHORIZE A DESIGNATED CAREGIVER OF A CERTIFIED PATIENT
 WHO IS A STUDENT TO ADMINISTER MEDICAL MARIHUANA TO  THE  STUDENT  WHILE
 THE  STUDENT  IS  ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS, OR ATTENDING A
 SCHOOL-SPONSORED EVENT;
   D. IDENTIFY LOCATIONS ON SCHOOL GROUNDS WHERE MEDICAL MARIHUANA MAY BE
 ADMINISTERED; AND
   E. PROHIBIT THE ADMINISTRATION OF MEDICAL  MARIHUANA  TO  A  CERTIFIED
 PATIENT  THAT IS A STUDENT BY SMOKING OR VAPORIZING WHILE THE STUDENT IS
 ON SCHOOL GROUNDS, ABOARD A SCHOOL BUS, OR ATTENDING A  SCHOOL-SPONSORED
 EVENT.
   4.  MEDICAL  MARIHUANA MAY BE ADMINISTERED TO A CERTIFIED PATIENT THAT
 IS A STUDENT WHILE THE STUDENT IS ON SCHOOL  GROUNDS,  ABOARD  A  SCHOOL
 BUS,  OR  ATTENDING SCHOOL-SPONSORED EVENTS, PROVIDED THAT SUCH ADMINIS-
 TRATION IS CONSISTENT WITH THE REQUIREMENTS OF THE POLICY ADOPTED PURSU-
 ANT TO THIS SECTION AND THE PROVISIONS OF TITLE FIVE-A OF ARTICLE  THIR-
 TY-THREE OF THE PUBLIC HEALTH LAW.
   §  3.  The mental hygiene law is amended by adding a new section 13.44
 to read as follows:
 § 13.44 ADMINISTRATION OF MEDICAL MARIHUANA AT FACILITIES.
   1. A FACILITY THAT OFFERS SERVICES FOR INDIVIDUALS WITH  DEVELOPMENTAL
 DISABILITIES  OPERATED,  LICENSED  OR  CERTIFIED  BY THE OFFICE SHALL BE
 PERMITTED TO BECOME DESIGNATED CAREGIVERS OF A CERTIFIED PATIENT AS SUCH
 TERMS ARE DEFINED IN SECTION THIRTY-THREE HUNDRED SIXTY  OF  THE  PUBLIC
 HEALTH  LAW  WHERE  SUCH  CERTIFIED  PATIENTS RECEIVING SERVICES AT SUCH
 FACILITY.
   2. THE CHIEF ADMINISTRATOR OF A  FACILITY  THAT  OFFERS  SERVICES  FOR
 INDIVIDUALS WITH DEVELOPMENTAL DISABILITIES OPERATED, LICENSED OR CERTI-
 FIED BY THE OFFICE MAY DEVELOP AND EXECUTE A POLICY AUTHORIZING A DESIG-
 NATED CAREGIVER AUTHORIZED TO ASSIST A CERTIFIED PATIENT WITH THE USE OF
 MEDICAL  MARIHUANA  PURSUANT  TO TITLE FIVE-A OF ARTICLE THIRTY-THREE OF
 THE PUBLIC HEALTH LAW TO ADMINISTER MEDICAL MARIHUANA TO A PERSON WHO IS
 RECEIVING SERVICES FOR PERSONS WITH DEVELOPMENTAL DISABILITIES  AT  SUCH
 FACILITY.
   3. A POLICY ADOPTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION SHALL,
 AT A MINIMUM:
   A.  REQUIRE  THE  PERSON  RECEIVING SERVICES TO BE A CERTIFIED PATIENT
 AUTHORIZED FOR THE USE OF MEDICAL  MARIHUANA  AND  THAT  THE  DESIGNATED
 CAREGIVER  BE  AUTHORIZED  TO  ASSIST THE PERSON 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
 CERTIFIED PATIENT AND THE DESIGNATED CAREGIVER;
   C. EXPRESSLY AUTHORIZE DESIGNATED  CAREGIVERS  TO  ADMINISTER  MEDICAL
 MARIHUANA  TO  THE  PERSON  RECEIVING SERVICES FOR PERSONS WITH DEVELOP-
 MENTAL DISABILITIES WHILE THE PERSON IS AT THE FACILITY; AND
   D. IDENTIFY LOCATIONS AT THE FACILITY WHERE MEDICAL MARIHUANA  MAY  BE
 ADMINISTERED.

 S. 219                              3
 
   4.  MEDICAL  MARIHUANA  MAY  BE  ADMINISTERED  TO  A CERTIFIED PATIENT
 RECEIVING SERVICES FOR PERSONS  WITH  DEVELOPMENTAL  DISABILITIES  AT  A
 FACILITY THAT OFFERS SUCH SERVICES WHICH IS OPERATED, LICENSED OR CERTI-
 FIED  BY  THE OFFICE WHILE SUCH PERSON IS AT THE FACILITY, PROVIDED THAT
 SUCH  ADMINISTRATION  IS  CONSISTENT WITH THE REQUIREMENTS OF THE POLICY
 ADOPTED PURSUANT TO THIS SECTION AND THE PROVISIONS OF TITLE  FIVE-A  OF
 ARTICLE THIRTY-THREE OF THE PUBLIC HEALTH LAW.
   5.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED TO AUTHORIZE MEDICAL
 MARIHUANA TO BE SMOKED OR  VAPORIZED  IN  ANY  PLACE  WHERE  SMOKING  IS
 PROHIBITED PURSUANT TO ARTICLE THIRTEEN-E OF THE PUBLIC HEALTH LAW.
   §  4. Subdivision 5 of section 3360 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   5. "Designated caregiver" means the individual designated by a  certi-
 fied  patient  in a registry application. A certified patient may desig-
 nate up to [two] THREE designated caregivers.
   § 5. This act shall take effect immediately  provided,  however,  that
 the  amendments  made  to  subdivision  5  of section 3360 of the public
 health law made by section four of this act shall not affect the  repeal
 of such section and shall be deemed repealed therewith.