The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2628
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  LUPARDO,  DICKENS  -- 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.
                                                            LBD05211-01-3
 A. 2628                             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  pursuant  to  section  12  of  chapter 90 of the laws of 2014, as
 amended and pursuant to section 6 of chapter 92  of  the  laws  of  2021
 shall be deemed repealed therewith.