STATE OF NEW YORK
________________________________________________________________________
10104
IN ASSEMBLY
March 15, 2018
___________
Introduced by M. of A. PAULIN -- 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:
1 Section 1. Subdivisions 3 and 12 of section 3360 of the public health
2 law, as added by chapter 90 of the laws of 2014, are amended to read as
3 follows:
4 3. "Certified patient" means a human patient or animal who is a resi-
5 dent of New York state or receiving care and treatment in New York state
6 as determined by the commissioner in regulation, and is certified under
7 section thirty-three hundred sixty-one of this title.
8 12. "Practitioner" means a practitioner who (i) is a physician
9 licensed by New York state and practicing within the state or is a
10 veterinarian licensed pursuant to article one hundred thirty-five of the
11 education law, (ii) who by training or experience is qualified to treat
12 a serious condition as defined in subdivision seven of this section; and
13 (iii) has completed a two to four hour course as determined by the
14 commissioner in regulation and registered with the department; provided
15 however, a registration shall not be denied without cause. Such course
16 may count toward board certification requirements. The commissioner
17 shall consider the inclusion of nurse practitioners under this title
18 based upon considerations including access and availability. After such
19 consideration the commissioner is authorized to deem nurse practitioners
20 as practitioners under this title.
21 § 2. Subparagraph (ii) of paragraph (a) of subdivision 7 of section
22 3360 of the public health law, as amended by chapter 403 of the laws of
23 2017, is amended and a new subparagraph (iii) is added to read as
24 follows:
25 (ii) any of the following conditions where it is clinically associated
26 with, or a complication of, a condition under this paragraph or its
27 treatment: cachexia or wasting syndrome; severe or chronic pain; severe
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14920-01-8
A. 10104 2
1 nausea; seizures; severe or persistent muscle spasms; or such conditions
2 as are added by the commissioner[.]; and
3 (iii) any medical condition that may benefit from treatment with
4 medical marihuana as determined by a veterinarian licensed pursuant to
5 article one hundred thirty-five of the education law.
6 § 3. This act shall take effect immediately; provided that the amend-
7 ments to title 5-A of article 33 of the public health law made by
8 sections one and two of this act shall not affect the repeal of such
9 title and shall be deemed repealed therewith.
