STATE OF NEW YORK
________________________________________________________________________
1149
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
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Introduced by M. of A. GOTTFRIED, LUPARDO, D'URSO, ABINANTI, WRIGHT,
M. G. MILLER, SIMON, WEPRIN, LIFTON, ZEBROWSKI, McDONOUGH, MORINELLO,
JAFFEE -- read once and referred to the Committee on Health
AN ACT to amend the public health law, in relation to authorization to
prescribe controlled substances
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]
4 authorized by this article to prescribe a controlled substance, is
5 licensed [by New York state and practicing within the state] or other-
6 wise authorized to practice under title eight of the education law, and
7 is acting within his or her lawful scope of practice, (ii) [who] by
8 training or experience is qualified to treat a serious condition as
9 defined in subdivision seven of this section; and (iii) has completed a
10 two to four hour course as determined by the commissioner in regulation
11 and registered with the department; provided however, a registration
12 shall not be denied without cause. Such course may count toward board
13 certification requirements. [The commissioner shall consider the inclu-
14 sion of nurse practitioners under this title based upon considerations
15 including access and availability. After such consideration the commis-
16 sioner is authorized to deem nurse practitioners as practitioners under
17 this title.]
18 § 2. This act shall take effect on the sixtieth day after it shall
19 have become a law; provided that, effective immediately, the commission-
20 er of health shall make regulations and take other actions reasonably
21 necessary for this act to take effect on that date; and provided further
22 that the amendments to subdivision 12 of section 3360 of the public
23 health law made by section one of this act shall not affect the repeal
24 of such section and shall be deemed repealed therewith.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.
LBD03796-01-9
