senate Bill S4040

2021-2022 Legislative Session

Relates to allowing for facility caregivers to possess medical marihuana in a similar manner to that of a designated caregiver

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Health Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to health
Feb 01, 2021 referred to health

S4040 (ACTIVE) - Details

Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Amd §§3360, 3362, 3363, 3364, 3365 & 3367, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8148
2019-2020: S2059

S4040 (ACTIVE) - Summary

Relates to allowing for facility caregivers to possess medical marihuana in a similar manner to that of a designated caregiver; relates to medical marihuana research.

S4040 (ACTIVE) - Sponsor Memo

S4040 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4040
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health  law,  in  relation  to  allowing  for
   facility  caregivers  to possess medical marihuana in a similar manner
   to that of a designated caregiver

   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 and a new subdivi-
 sion 19 is added 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.]
   19.  "MEDICAL  MARIHUANA  RESEARCH  PROGRAM" MEANS A MEDICAL MARIHUANA
 RESEARCH PROGRAM UNDER SUBDIVISION THREE OF SECTION THIRTY-THREE HUNDRED
 SIXTY-SEVEN OF THIS TITLE.
   § 2. Subdivision 5 of section 3360 of the public health law, as  added
 by  chapter  90 of the laws of 2014, is amended and two new subdivisions
 20 and 21 are added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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