New York State Assembly

 
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A10123 Summary:

A10123 Actions:

A10123 Committee Votes:

Committee:HEALTH   Chair:Gottfried      
DATE:05/17/2016AYE/NAY:26/0  Action: Favorable         
Gottfried
Aye
Raia
Aye
Schimminger
Aye
McDonough
Aye
Galef
Aye
Goodell
Aye
Dinowitz
Aye
Ra
Aye
Cahill
Aye
Walter
Aye
Paulin
Aye
Garbarino
Aye
Cymbrowitz
Aye
Duprey
Aye
Peoples-Stokes
Aye
Gunther
Aye
Rosenthal
Aye
Hevesi
Aye
Lavine
Aye
Titone
Aye
Mayer
Aye
Jaffee
Aye
Steck
Aye
Abinanti
Aye
Braunstein
Aye
Kim
Aye

A10123 Floor Votes:

A10123 Memo:

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



 
BILL NUMBER: A10123
 
SPONSOR: Peoples-Stokes (MS)

 
TITLE OF BILL:  An act to amend the public health law, in relation to
disclosure of the list of practitioners registered to certify patients
for the use of medical marihuana
 
 
PURPOSE:
 
To require that the name and other information relating to practitioners
registered to certify patients for medical marihuana be publically
available.
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1: Amends section 3369 of the Public Health Law by adding a new
subdivision 4, paragraph (b), requiring that the name, contact informa-
tion, and other information relating to practitioners registered with
the department to certify patients for medical marihuana shall be public
information; requires that this information be maintained on the depart-
ment's website in searchable form; and allows practitioners to opt-out
in writing if they do not wish their information to be public.
 
Section 2: Effective 60 days after it becomes a law.
 
 
JUSTIFICATION:
 
Difficultly finding registered practitioners is a major obstacle for
patients who could benefit from medical use of marihuana. There are
approximately 600 physicians in New York registered to certify patients
for medical marihuana out of approximately 80,000 total physicians in
the state - but there is no publically available list of these 600. As a
result, severely ill patients are forced to cold-call doctor after
doctor in hopes of finding one, or try to find information through
social media or other potentially unreliable sources.

The sponsors of this bill believe current law requires disclosure of
this information, but DOH believes this is not correct. This bill would
make it clear that the public is entitled to this information.
 
This bill would require the names and contact information of registered
practitioners to be made available through a searchable database on the
department's website. Practitioners who do not wish to be listed may
opt-out by notifying the department in writing.
 
 
PRIOR LEGISLATIVE HISTORY:
 
New bill.
 
 
FISCAL IMPLICATIONS:
 
None.
 
 
EFFECTIVE DATE:
Sixty days after it becomes a law.

A10123 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10123
 
                   IN ASSEMBLY
 
                                      May 11, 2016
                                       ___________
 
        Introduced  by  M.  of  A.  PEOPLES-STOKES,  GOTTFRIED  -- read once and
          referred to the Committee on Health
 
        AN ACT to amend the public health law, in relation to disclosure of  the
          list  of  practitioners  registered to certify patients for the use of
          medical marihuana
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1. Subdivision 4 of section 3369 of the public health law, as
     2  added by chapter 90 of the laws of 2014, is amended to read as follows:
     3    4. (a) Certification applications, certification forms, any  certified
     4  patient  information contained within a database, and copies of registry
     5  identification cards shall be deemed exempt from public disclosure under
     6  sections eighty-seven and eighty-nine of the public officers law.
     7    (b) The name, contact information, and other information  relating  to
     8  practitioners  registered  with the department under this title shall be
     9  public information and shall be maintained by the  commissioner  on  the
    10  department's website accessible to the public in searchable form. Howev-
    11  er,  if a practitioner notifies the department in writing that he or she
    12  does not want his or her name  and  other  information  disclosed,  that
    13  practitioner's name and other information shall thereafter not be public
    14  information  or maintained on the department's website, unless the prac-
    15  titioner cancels the request.
    16    § 2. This act shall take effect sixty days after  it  shall  become  a
    17  law;  provided  that  effective immediately: (a) the addition, amendment
    18  and/or repeal of any rule or regulation necessary for the implementation
    19  of this act on  its  effective  date  are  authorized  to  be  made  and
    20  completed  on  or  before such effective date; and (b) practitioners may
    21  make requests under paragraph (b) of subdivision 4 of  section  3369  of
    22  the  public  health  law,  as added by section one of this act. Provided
    23  further, that the amendments to subdivision 4 of  section  3369  of  the
    24  public  health  law made by section one of this act shall not affect the
    25  repeal of such section and shall be deemed repealed therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15399-01-6