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A09510 Summary:

A09510 Actions:

A09510 Committee Votes:

A09510 Floor Votes:

A09510 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A9510
 
SPONSOR: Gottfried (MS)

 
TITLE OF BILL:
 
An act to amend the public health law, in relation to practitioners
authorized to prescribe medical marihuana
 
 
PURPOSE:
 
To allow physician assistants and nurse practitioners to prescribe
medical marihuana
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1: Amends subdivision 12 of § 3360 of the Public Health Law to
allow physician assistants and nurse practitioners, with appropriate
training and acting within their scopes of practice, to certify a
patient for use of medical marihuana.

Section 2: Effective date.
 
 
JUSTIFICATION:
 
The medical marihuana law only allowed physicians to certify a patient
for use of medical marihuana. (It directed the Commissioner to consider
including nurse practitioners as well, but the Commissioner has not done
so.)
 
Nurse practitioners (NPs) and physician assistants (PAs) are fully
authorized to write prescriptions for even the strongest and most
dangerous controlled substances. They play a central role in health care
delivery. They each work within legally defined scopes of practice,
which would apply under this bill. A patient in need should not be
denied access to critical medication simply because he or she is treated
by an NP or PA. This legislation also includes NPs and PAs in the train-
ing requirements currently applied to physicians who wish to prescribe
medical marihuana.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
Immediately.

A09510 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9510
 
                   IN ASSEMBLY
 
                                     March 10, 2016
                                       ___________
 
        Introduced  by  M.  of  A. GOTTFRIED, DINOWITZ, PAULIN, HEVESI, LUPARDO,
          BRINDISI, COOK, HYNDMAN, ORTIZ, RUSSELL, SKARTADOS --  Multi-Sponsored
          by -- M. of A.  CERETTO, SEPULVEDA, SIMON -- read once and referred to
          the Committee on Health
 
        AN  ACT  to  amend  the  public health law, in relation to practitioners
          authorized to prescribe medical marihuana

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 12 of section 3360 of the public health law, as
     2  added by chapter 90 of the laws of 2014, is amended to read as follows:
     3    12. "Practitioner" means a practitioner who (i) is a physician, physi-
     4  cian  assistant or nurse practitioner, licensed or certified by New York
     5  state and practicing within the state, acting within his or  her  lawful
     6  scope  of practice; (ii) [who] by training or experience is qualified to
     7  treat a serious condition  as  defined  in  subdivision  seven  of  this
     8  section; and (iii) has completed a two to four hour course as determined
     9  by  the  commissioner  in regulation and registered with the department;
    10  provided however, a registration shall not be denied without cause. Such
    11  course may count toward board certification requirements.  [The  commis-
    12  sioner  shall  consider  the inclusion of nurse practitioners under this
    13  title based upon considerations including access and availability. After
    14  such consideration the commissioner is authorized to deem nurse  practi-
    15  tioners as practitioners under this title.]
    16    §  2. This act shall take effect immediately; provided that the amend-
    17  ments to title 5-a of article 33 of the public health law made  by  this
    18  act  shall  not affect the expiration and repeal of such title and shall
    19  expire and be deemed repealed therewith.
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13604-01-6