S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7795
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced by M. of A. McDONALD -- read once and referred to the Commit-
   tee on Higher Education
 
 AN  ACT to amend the cannabis law, in relation to certification by phar-
   macists of patients using medical cannabis
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  30  of  the  cannabis  law is amended to read as
 follows:
   § 30. Certification of patients. 1. A patient certification  may  only
 be issued if:
   (a)  the  patient  has  a  condition,  which shall be specified in the
 patient's health care record, IF APPLICABLE;
   (b) the practitioner by training or experience is qualified  to  treat
 the condition;
   (c)  the  patient  is under the practitioner's continuing care for the
 condition; [and] OR
   (d) in the practitioner's professional  opinion  and  review  of  past
 treatments,  the  patient is likely to receive therapeutic or palliative
 benefit from the primary or adjunctive treatment  with  medical  use  of
 cannabis for the condition.
   2. The certification shall include:
   (a) the name, date of birth and address of the patient;
   (b)  a  statement  that the patient has a condition and the patient is
 under the practitioner's care for the condition;
   (c) a statement attesting that [all  requirements]  A  REQUIREMENT  of
 subdivision one of this section [have] HAS been satisfied;
   (d) the date; and
   (e)  the  name,  address,  telephone  number, and the signature of the
 certifying practitioner.
   The board may require by regulation that the certification shall be on
 a form provided by the office. The practitioner may state in the certif-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11383-01-3
              

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 ication that, in the practitioner's professional  opinion,  the  patient
 would  benefit  from medical cannabis only until a specified date.  [The
 practitioner may state in the certification that, in the  practitioner's
 professional opinion, the patient is terminally ill and that the certif-
 ication shall not expire until the patient dies.]
   3.  In  making a certification, the practitioner may consider the form
 of medical cannabis the patient should consume, including the method  of
 consumption and any particular strain, variety, and quantity or percent-
 age of cannabis or particular active ingredient, and appropriate dosage.
 The  practitioner  may  state in the certification any recommendation or
 limitation the practitioner makes, in his or her  professional  opinion,
 concerning the appropriate form or forms of medical cannabis and dosage.
   4.  Every  practitioner  shall MAKE A REASONABLE EFFORT TO consult the
 prescription monitoring program registry prior to making  or  issuing  a
 certification,  for  the  purpose  of  reviewing  a patient's controlled
 substance history. For purposes of  this  section,  a  practitioner  may
 authorize  a  designee  to  consult  the prescription monitoring program
 registry on his or her behalf, provided  that  such  designation  is  in
 accordance with section thirty-three hundred forty-three-a of the public
 health law.
   5.  The  practitioner  shall  give  the certification to the certified
 patient, and place a copy in the patient's health  care  record  IF  THE
 PATIENT IS UNDER THE PRACTITIONER'S CONTINUING CARE.
   6.  No practitioner shall issue a certification under this section for
 themselves.
   7. A registry identification card based on a certification  shall  NOT
 expire [one year after the date the certification is signed by the prac-
 titioner], except as provided for in subdivision eight of this section.
   8.    (a) If the practitioner states in the certification that, in the
 practitioner's professional opinion,  the  patient  would  benefit  from
 medical  cannabis only until a specified earlier date, then the registry
 identification card shall expire on that date; AND
   (b) [if the practitioner states in the certification that in the prac-
 titioner's professional opinion the patient is terminally ill  and  that
 the  certification  shall  not  expire  until the patient dies, then the
 registry identification card shall state that the patient is  terminally
 ill  and  that  the registration card shall not expire until the patient
 dies; (c) if the practitioner re-issues the certification  to  terminate
 the  certification  on an earlier date, then the registry identification
 card shall expire on that date and shall be promptly  destroyed  by  the
 certified  patient;  (d)  if the certification so provides, the registry
 identification card shall state any recommendation or limitation by  the
 practitioner  as  to the form or forms of medical cannabis or dosage for
 the certified patient; and (e) the] THE board  [shall]  MAY  make  regu-
 lations to implement this subdivision.
   9.  (a) A certification may be a special certification if, in addition
 to the other requirements for a certification, the  practitioner  certi-
 fies  in  the  certification that the patient's condition is progressive
 and degenerative or that delay in the patient's certified medical use of
 cannabis poses a risk to the patient's life or health.
   (b) The office shall create the form to be used for a special  certif-
 ication  and  shall  make  that form available to be downloaded from the
 office's website.
   10. Prior to issuing a certification a practitioner must complete,  at
 a  minimum,  a two-hour course as determined by the board in regulation.
 For the purposes of this article a person's status as a practitioner  is
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 deemed  to  be  a  "license"  for  the  purposes of section thirty-three
 hundred ninety of the public health law and shall be subject to the same
 revocation process.
   11. NOTWITHSTANDING ANY OTHER LAW, RULE, OR REGULATION, ANY PHARMACIST
 EMPLOYED  BY  A  REGISTERED ORGANIZATION AND RESPONSIBLE FOR SUPERVISING
 THE DISPENSING OF MEDICAL CANNABIS WITHIN A CANNABIS DISPENSING FACILITY
 SHALL BE DEEMED AN AUTHORIZED PRACTITIONER ABLE TO RECOMMEND AND CERTIFY
 PATIENTS UPON CONSULTATION WITHIN SUCH DISPENSING FACILITY PROVIDED THAT
 SUCH PHARMACIST HAS COMPLETED  THE  TWO-HOUR  COURSE  REQUIRED  BY  THIS
 SECTION  AND  REGISTERED  WITH  THE OFFICE.   THE FEE FOR SUCH A CERTIF-
 ICATION SHALL NOT EXCEED TWENTY-FIVE DOLLARS.
   § 2. This act shall take effect immediately.