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Assembly Bill A170

2021-2022 Legislative Session

Relates to the definition of practitioner for purposes of prescribing controlled substances

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2021-A170 (ACTIVE) - Details

Law Section:
Public Health Law
Laws Affected:
Amd §3360, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A8915
2019-2020: A1149

2021-A170 (ACTIVE) - Summary

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

2021-A170 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    170
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of  A.  GOTTFRIED, LUPARDO, ABINANTI, SIMON, WEPRIN,
   ZEBROWSKI, McDONOUGH, MORINELLO, TAYLOR, DARLING,  GRIFFIN  --  Multi-
   Sponsored  by  -- M. of A. DeSTEFANO, REILLY -- 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.

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