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A08598 Summary:

SPONSORGottfried (MS)
COSPNSRLupardo, Abinanti, Dinowitz, Ortiz, McDonald, Simon, Skoufis, Cahill, Bronson, D'Urso, Hevesi, Lifton
MLTSPNSRCook, Crespo
Amd §§3360, 3361, 3363 & 3365-a, Pub Health L
Provides that medical marihuana made be used for a condition, or symptom or complication of the condition or its treatment, for which, in the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from primary or adjunctive treatment.
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A08598 Actions:

07/10/2017referred to health
01/03/2018referred to health
01/10/2018enacting clause stricken
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A08598 Text:

                STATE OF NEW YORK
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                      July 10, 2017
        Introduced  by  M.  of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, ROSEN-
          Multi-Sponsored  by -- M. of A. COOK, CRESPO -- read once and referred
          to the Committee on Health
        AN ACT to amend the public health law, in relation to  defining  certain
          terms regarding 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. Subdivisions 1, 7 and 12 of  section  3360  of  the  public
     2  health  law,  as added by chapter 90 of the laws of 2014, are amended to
     3  read as follows:
     4    1. "Certified medical use" means the acquisition, possession, use, or,
     5  transportation of medical marihuana  by  a  certified  patient,  or  the
     6  acquisition,  possession,  delivery, transportation or administration of
     7  medical marihuana by a designated caregiver, for  use  as  part  of  the
     8  treatment  of  the  patient's  [serious]  condition,  as authorized in a
     9  certification under this title including enabling the patient to  toler-
    10  ate  treatment for the [serious] condition. A certified medical use does
    11  not include smoking.
    12    7. [(a) "Serious condition"] "Condition" means:
    13    [(i) having one of the following severe debilitating or life-threaten-
    14  ing conditions: cancer, positive status for human immunodeficiency virus
    15  or acquired immune deficiency syndrome, amyotrophic  lateral  sclerosis,
    16  Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
    17  the  spinal  cord  with objective neurological indication of intractable
    18  spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
    19  Huntington's disease, or as added by the commissioner; and
    20    (ii) any of the following conditions where it is clinically associated
    21  with,  or  a  complication  of,  a condition under this paragraph or its
    22  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.

        A. 8598                             2

     1  nausea; seizures; severe or persistent muscle spasms; or such conditions
     2  as are added by the commissioner.
     3    (b)  No  later  than  eighteen  months from the effective date of this
     4  section, the commissioner shall determine whether to add  the  following
     5  serious  conditions:  Alzheimer's,  muscular  dystrophy, dystonia, post-
     6  traumatic stress disorder and  rheumatoid  arthritis]  a  condition,  or
     7  symptom or complication of the condition or its treatment, for which, in
     8  the  practitioner's  professional opinion and review of past treatments,
     9  the patient is likely to receive therapeutic or palliative benefit  from
    10  primary or adjunctive treatment with medical use of medical marihuana.
    11    12.  "Practitioner"  means  a  practitioner  who  [(i)  is a physician
    12  licensed by New York state and practicing within the state, (ii) who] is
    13  authorized to prescribe a controlled substance by training or experience
    14  and legal scope of practice, and is qualified to treat [a  serious]  the
    15  condition [as defined in subdivision seven of this section;] that is the
    16  basis  for  a patient's certification and [(iii)] has completed a two to
    17  four hour course as determined by the  commissioner  in  regulation  and
    18  registered  with  the department; provided however, a registration shall
    19  not be denied without cause. Such course may count toward board  certif-
    20  ication  requirements. [The commissioner shall consider the inclusion of
    21  nurse practitioners under this title based upon considerations including
    22  access and availability. After such consideration  the  commissioner  is
    23  authorized  to  deem  nurse  practitioners  as  practitioners under this
    24  title.]
    25    § 2. Subdivisions 1 and 2 of section 3361 of the public health law, as
    26  added by chapter 90 of the laws of 2014, are amended to read as follows:
    27    1. A patient certification may only be issued if: (a)  a  practitioner
    28  has  been  registered  with  the  department to issue a certification as
    29  determined by the commissioner; (b) the patient has a  [serious]  condi-
    30  tion,  which shall be specified in the patient's health care record; (c)
    31  the practitioner by training or experience is  qualified  to  treat  the
    32  [serious] condition; (d) the patient is under the practitioner's contin-
    33  uing  care  for  the  [serious] condition; and (e) in the practitioner's
    34  professional opinion and review of past treatments, the patient is like-
    35  ly to receive therapeutic or palliative  benefit  from  the  primary  or
    36  adjunctive  treatment  with  medical  use of marihuana for the [serious]
    37  condition.
    38    2. The certification shall include (a) the name,  date  of  birth  and
    39  address of the patient; (b) a statement that the patient has a [serious]
    40  condition  as defined in this title and the patient is under the practi-
    41  tioner's continuing care for the [serious] condition;  (c)  a  statement
    42  attesting  that all requirements of subdivision one of this section have
    43  been satisfied; (d) the date; and (e) the name, address, federal  regis-
    44  tration  number,  telephone number, and the handwritten signature of the
    45  certifying practitioner. The commissioner may require by regulation that
    46  the certification shall be on a form provided  by  the  department.  The
    47  practitioner  may state in the certification that, in the practitioner's
    48  professional opinion, the patient would benefit from  medical  marihuana
    49  only  until  a specified date. The practitioner may state in the certif-
    50  ication that, in the practitioner's professional opinion, the patient is
    51  terminally ill and that the certification shall  not  expire  until  the
    52  patient dies.
    53    § 3. Subdivision 11 of section 3363 of the public health law, as added
    54  by chapter 90 of the laws of 2014, is amended to read as follows:
    55    11.  A certified patient or designated caregiver who has been issued a
    56  registry identification card shall notify the department of  any  change

        A. 8598                             3
     1  in  his or her name or address or, with respect to the patient, if he or
     2  she ceases to have the [serious] condition noted  on  the  certification
     3  within  ten  days  of such change. The certified patient's or designated
     4  caregiver's  registry  identification  card  shall be deemed invalid and
     5  shall be returned promptly to the department.
     6    § 4. Subdivision 1 of section 3365-a of  the  public  health  law,  as
     7  added by chapter 416 of the laws of 2015, is amended to read as follows:
     8    1.  There is hereby established in the department an emergency medical
     9  marihuana access program (referred to in this section as the  "program")
    10  under this section. The purpose of the program is to expedite the avail-
    11  ability of medical marihuana to avoid suffering and loss of life, during
    12  the  period  before  full  implementation  of  and production under this
    13  title, especially in the case of patients whose [serious]  condition  is
    14  progressive  and  degenerative  or  is  such that delay in the patient's
    15  medical use of marihuana poses a serious risk to the patient's  life  or
    16  health. The commissioner shall implement the program as expeditiously as
    17  practicable, including by emergency regulation.
    18    §  5.  This  act shall take effect immediately, provided however, that
    19  the amendments to title 5-A of article 33 of the public health law  made
    20  by this act shall not affect the expiration and repeal of such title and
    21  shall expire and be deemed repealed therewith.
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