- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
A07060 Summary:
BILL NO | A07060 |
  | |
SAME AS | SAME AS S05086 |
  | |
SPONSOR | Gottfried |
  | |
COSPNSR | Kolb, Cahill, Gunther, Rosenthal, Raia, Brindisi, Quart, Seawright, Lavine, Dinowitz, Paulin, Abinanti, Skoufis, Bronson, Pichardo, Woerner, Galef, Walter, Johns, Lupinacci, Katz, Duprey, Buchwald, Kaminsky, Jaffee, McDonough, Otis, Oaks, Perry, Fahy, Mosley, Lupardo, Steck, Tenney, Robinson, Arroyo, Weprin |
  | |
MLTSPNSR | Braunstein, Brennan, Ceretto, Cook, Glick, Hevesi, Kearns, Lentol, Magee, Rivera, Solages, Thiele |
  | |
Amd SS3360, 3361, 3363 & 3369-b, add S3365-a, Pub Health L | |
  | |
Creates an expedited access to medical marihuana in certain cases where a patient's condition is progressive and degenerative. |
A07060 Actions:
BILL NO | A07060 | |||||||||||||||||||||||||||||||||||||||||||||||||
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04/22/2015 | referred to health | |||||||||||||||||||||||||||||||||||||||||||||||||
04/28/2015 | reported referred to codes | |||||||||||||||||||||||||||||||||||||||||||||||||
05/19/2015 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
06/03/2015 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2015 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2015 | rules report cal.141 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2015 | ordered to third reading rules cal.141 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2015 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2015 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
06/09/2015 | REFERRED TO HEALTH | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2015 | SUBSTITUTED FOR S5086 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2015 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/15/2015 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/30/2015 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
11/11/2015 | signed chap.416 | |||||||||||||||||||||||||||||||||||||||||||||||||
11/11/2015 | approval memo.5 |
A07060 Floor Votes:
Yes
Abbate
Yes
Corwin
No
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Silver
Yes
Abinanti
Yes
Crespo
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simanowitz
Yes
Arroyo
Yes
Crouch
No
Graf
Yes
Magee
Yes
Perry
Yes
Simon
Yes
Aubry
Yes
Curran
Yes
Gunther
Yes
Magnarelli
Yes
Persaud
Yes
Simotas
Yes
Barclay
No
Cusick
No
Hawley
Yes
Malliotakis
Yes
Pichardo
Yes
Skartados
Yes
Barrett
Yes
Cymbrowitz
Yes
Hevesi
Yes
Markey
Yes
Pretlow
Yes
Skoufis
Yes
Barron
Yes
Davila
Yes
Hikind
Yes
Mayer
Yes
Quart
Yes
Solages
Yes
Benedetto
Yes
DenDekker
Yes
Hooper
Yes
McDonald
No
Ra
Yes
Stec
Yes
Bichotte
Yes
Dilan
Yes
Jaffee
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Blake
Yes
Dinowitz
Yes
Jean-Pierre
No
McKevitt
Yes
Ramos
Yes
Stirpe
Yes
Blankenbush
No
DiPietro
Yes
Johns
No
McLaughlin
Yes
Richardson
Yes
Tedisco
No
Borelli
Yes
Duprey
Yes
Joyner
Yes
Miller
Yes
Rivera
Yes
Tenney
No
Brabenec
Yes
Englebright
Yes
Kaminsky
No
Montesano
ER
Roberts
Yes
Thiele
Yes
Braunstein
Yes
Fahy
Yes
Katz
Yes
Morelle
Yes
Robinson
Yes
Titone
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
Yes
Mosley
Yes
Rodriguez
Yes
Titus
Yes
Brindisi
Yes
Finch
Yes
Kearns
Yes
Moya
Yes
Rosenthal
Yes
Walker
Yes
Bronson
No
Fitzpatrick
Yes
Kim
Yes
Murray
Yes
Rozic
Yes
Walter
Yes
Brook-Krasny
No
Friend
Yes
Kolb
No
Nojay
Yes
Russell
Yes
Weinstein
Yes
Buchwald
Yes
Galef
Yes
Lalor
Yes
Nolan
Yes
Ryan
Yes
Weprin
Yes
Butler
Yes
Gantt
Yes
Lavine
Yes
Oaks
Yes
Saladino
No
Woerner
Yes
Cahill
Yes
Garbarino
No
Lawrence
Yes
O'Donnell
Yes
Santabarbara
Yes
Wozniak
Yes
Ceretto
Yes
Giglio
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Wright
Yes
Clark
Yes
Gjonaj
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Zebrowski
Yes
Colton
Yes
Glick
Yes
Linares
Yes
Palmesano
Yes
Seawright
Yes
Mr. Speaker
Yes
Cook
No
Goldfeder
Yes
Lopez
No
Palumbo
Yes
Sepulveda
‡ Indicates voting via videoconference
A07060 Memo:
Go to topNEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)   BILL NUMBER: A7060 SPONSOR: Gottfried (MS)
  TITLE OF BILL: An act to amend the public health law, in relation to expedited access to medical marihuana in certain cases   PURPOSE OR GENERAL IDEA OF BILL: To expedite the availability of medical marihuana   SUMMARY OF SPECIFIC PROVISIONS: Section : Legislative findings and intent Section 2 adds "special certification" to Public Health Law § 3360 as a certification for a patient whose condition is progressive and degenera- tive or for whom a delay in the patient's certified medical use of medical marihuana poses a serious risk to the person's life or health. Section 3 adds a new subdivision 9 to PHL § 3361 to allow for a special certification. The Department of Health shall create this form and make it available on the Department's website. Section 4 adds a new PHL § 3365-a which would allow for the expedited registration of registered organizations. Section 5 amends PHL § 3368-b to allow the commissioner and superinten- dent of state police to make a certification limited to accommodating expedited access for patients with special certifications and registered organizations under the emergency medical marihuana access program.   JUSTIFICATION: The purpose of this program is to expedite the availability of medical marihuana to avoid suffering and loss of life, during the period before full implementation of and production under the 2014 medical marihuana law, especially in the case of patients whose serious condition is progressive and degenerative or is such that delay in the patient's medical use of marihuana poses a serious risk to the patient's life or health.   PRIOR LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS:   EFFECTIVE DATE: Immediately.
A07060 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 7060 2015-2016 Regular Sessions IN ASSEMBLY April 22, 2015 ___________ Introduced by M. of A. GOTTFRIED, KOLB, CAHILL, GUNTHER, ROSENTHAL, RAIA -- Multi-Sponsored by -- M. of A. KEARNS -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to expedited access to medical marihuana in certain cases The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative findings and intent. The Legislature hereby 2 finds and declares it necessary to establish an emergency program to 3 provide appropriate medical marihuana for certain patients whose serious 4 condition is progressive and degenerative or for whom delay in the 5 patient's certified medical use of marihuana poses a serious risk to the 6 patient's life or health, and that emergency action is needed before the 7 full medical marihuana program established under title V-A of article 33 8 of the public health law is implemented, to protect the life and health 9 of these patients. 10 § 2 Section 3360 of the public health law is amended by adding a new 11 subdivision 18 to read as follows: 12 18. "Special certification" means a special certification made under 13 subdivision six of section thirty-three hundred sixty-one of this title. 14 § 3. Section 3361 of the public health law is amended by adding a new 15 subdivision 9 to read as follows: 16 9.(a) A certification may be a special certification if, in addition 17 to the other requirements for a certification, the practitioner certi- 18 fies in the certification that the patient's serious condition is 19 progressive and degenerative or that delay in the patient's certified 20 medical use of marihuana poses a serious risk to the patient's life or 21 health. 22 (b) The department shall create the form to be used for a special 23 certification and shall make that form available to be downloaded from 24 the department's website. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10427-01-5A. 7060 2 1 § 4. Section 3363 of the public health law is amended by adding a new 2 subdivision 16 to read as follows: 3 16. The commissioner shall make regulations for special certif- 4 ications, which shall include expedited procedures and which may require 5 the applicant to submit additional documentation establishing the clin- 6 ical basis for the special certification. If the department has not 7 established and made available a form for a registry application or 8 renewal application and determined the application fee if any, or estab- 9 lished and made available a form for a registry application or renewal 10 application and determined the application fee for a special certif- 11 ication, then in the case of a special certification, a registry appli- 12 cation or renewal application that otherwise conforms with the require- 13 ments of this section shall not require the use of a form or the payment 14 of an application fee. 15 § 5. The public health law is amended by adding a new section 3365-a 16 to read as follows: 17 § 3365-a. Expedited registration of registered organizations. 1. 18 There is hereby established in the department an emergency medical mari- 19 huana access program (referred to in this section as the "program") 20 under this section. The purpose of the program is to expedite the avail- 21 ability of medical marihuana to avoid suffering and loss of life, during 22 the period before full implementation of and production under this 23 title, especially in the case of patients whose serious condition is 24 progressive and degenerative or is such that delay in the patient's 25 medical use of marihuana poses a serious risk to the patient's life or 26 health. The commissioner shall implement the program as expeditiously as 27 practicable, including by emergency regulation. 28 2. The department shall begin accepting and acting on applications 29 under this section for registered organizations as soon as practicable 30 after the effective date of this section. 31 3. For the purposes of this section, and for specified limited times, 32 the commissioner may waive or modify the requirements of this article 33 relating to registered organizations, consistent with the legislative 34 intent and purpose of this title and this section. Where an entity seek- 35 ing to be a registered organization under the program operates in a 36 jurisdiction other than the state of New York, under licensure or other 37 governmental recognition of that jurisdiction, and the laws of that 38 jurisdiction are acceptable to the commissioner as consistent with the 39 legislative intent and purpose of this title and this section, then the 40 commissioner may accept that licensure or recognition as wholly or 41 partially satisfying the requirements of this title, for purposes of the 42 registration and operation of the registered organization under the 43 program and this section. 44 4. In considering an application for registration as a registered 45 organization under this section, the commissioner shall give preference 46 to the following: 47 (a) an applicant that is currently producing or providing or has a 48 history of producing or providing medical marihuana in another jurisdic- 49 tion in full compliance with the laws of the jurisdiction; 50 (b) an applicant that is able and qualified to both produce, distrib- 51 ute, and dispense medical marihuana to patients expeditiously; 52 (c) an applicant that proposes a location or locations for dispensing 53 by the registered organization, which ensure, to the greatest extent 54 possible, that certified patients with a special certification have 55 access to a registered organization. 56 5. The commissioner may make regulations under this section:A. 7060 3 1 (a) limiting registered organizations registered under this section to 2 serving patients with special certifications; 3 (b) limiting the allowable levels of cannabidiol and tetrahydrocanna- 4 binol that may be contained in medical marihuana authorized under the 5 program, based on therapeutics and patient safety. 6 6. A registered organization under this section may apply under 7 section thirty-three hundred sixty-five of this title to receive or 8 renew registration. 9 § 6. Section 3369-b of the public health law, as added by chapter 90 10 of the laws of 2014, is amended to read as follows: 11 § 3369-b. Effective date. Registry identification cards or registered 12 organization registrations shall be issued or become effective no later 13 than eighteen months from signing or until such time as the commissioner 14 and the superintendent of state police certify that this title can be 15 implemented in accordance with public health and safety interests, 16 whichever event comes later. Prior to making a general certification 17 under this section, the commissioner and the superintendent of state 18 police may make a certification limited to accommodating expedited 19 access for patients with special certifications and for registered 20 organizations under the emergency medical marihuana access program under 21 section thirty-three hundred sixty-five-a of this title. 22 § 7. This act shall take effect immediately, provided however, that 23 the amendments to title 5-A of article 33 of the public health law made 24 by sections two through six of this act shall not affect the expiration 25 and repeal of such title and shall expire and be deemed repealed there- 26 with.