S00219 Summary:

BILL NOS00219
 
SAME ASNo Same As
 
SPONSORBENJAMIN
 
COSPNSRKRUEGER
 
MLTSPNSR
 
Add 923, Ed L; add 13.44, Ment Hyg L; amd 3360, Pub Health L
 
Relates to permitting the administration of medical marihuana to students while on school grounds, aboard a school bus, or while attending a school-sponsored event and to individuals with developmental disabilities while receiving services at a facility, provided that such administration is authorized by title 5-a of article 33 of the public health law.
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S00219 Actions:

BILL NOS00219
 
01/09/2019REFERRED TO EDUCATION
01/08/2020REFERRED TO EDUCATION
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S00219 Committee Votes:

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S00219 Floor Votes:

There are no votes for this bill in this legislative session.
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S00219 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           219
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2019
                                       ___________
 
        Introduced by Sens. BENJAMIN, KRUEGER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Education
 
        AN  ACT to amend the education law, the public health law and the mental
          hygiene law, in relation to permitting the administration  of  medical
          marihuana to students while at school and to individuals with develop-
          mental disabilities while receiving services at a facility
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known as and may be cited  as  "Tanshin's
     2  Law".
     3    §  2. The education law is amended by adding a new section 923 to read
     4  as follows:
     5    § 923. Administration of medical marihuana.  1. All private and public
     6  schools shall be permitted to become designated caregivers of  a  certi-
     7  fied  patient  as such terms are defined in section thirty-three hundred
     8  sixty of the public health law where such certified patient is a student
     9  of such school.
    10    2. A board of education or chief school administrator  of  all  public
    11  and  nonpublic  schools may develop and execute a policy authorizing any
    12  individual designated as a caregiver of a certified  patient  including,
    13  but  not limited to such certified patient's school, if such school is a
    14  designated caregiver of the certified patient, as permitted by  subdivi-
    15  sion  one of this section to administer medical marihuana to a certified
    16  patient who is a student while the student is on school grounds,  aboard
    17  a  school  bus,  or  attending a school-sponsored event as authorized by
    18  title five-A of article thirty-three of the public health law.
    19    3. A policy adopted pursuant to subdivision two of this section shall,
    20  at a minimum:
    21    a. require that the student be authorized to engage in the medical use
    22  of medical marihuana and that the designated caregiver  of  a  certified
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01760-01-9

        S. 219                              2
 
     1  patient  be  authorized  to  assist  the student with the medical use of
     2  marihuana pursuant to title five-A of article thirty-three of the public
     3  health law;
     4    b. establish protocols for verifying the registration status and ongo-
     5  ing  authorization  concerning  the medical use of marihuana pursuant to
     6  title five-A of article thirty-three of the public health  law  for  the
     7  student and the designated caregiver;
     8    c.  expressly  authorize a designated caregiver of a certified patient
     9  who is a student to administer medical marihuana to  the  student  while
    10  the  student  is  on school grounds, aboard a school bus, or attending a
    11  school-sponsored event;
    12    d. identify locations on school grounds where medical marihuana may be
    13  administered; and
    14    e. prohibit the administration of medical  marihuana  to  a  certified
    15  patient  that is a student by smoking or vaporizing while the student is
    16  on school grounds, aboard a school bus, or attending a  school-sponsored
    17  event.
    18    4.  Medical  marihuana may be administered to a certified patient that
    19  is a student while the student is on school  grounds,  aboard  a  school
    20  bus,  or  attending school-sponsored events, provided that such adminis-
    21  tration is consistent with the requirements of the policy adopted pursu-
    22  ant to this section and the provisions of title five-A of article  thir-
    23  ty-three of the public health law.
    24    §  3.  The mental hygiene law is amended by adding a new section 13.44
    25  to read as follows:
    26  § 13.44 Administration of medical marihuana at facilities.
    27    1. A facility that offers services for individuals with  developmental
    28  disabilities  operated,  licensed  or  certified  by the office shall be
    29  permitted to become designated caregivers of a certified patient as such
    30  terms are defined in section thirty-three hundred sixty  of  the  public
    31  health  law  where  such  certified  patients receiving services at such
    32  facility.
    33    2. The chief administrator of a  facility  that  offers  services  for
    34  individuals with developmental disabilities operated, licensed or certi-
    35  fied by the office may develop and execute a policy authorizing a desig-
    36  nated caregiver authorized to assist a certified patient with the use of
    37  medical  marihuana  pursuant  to title five-A of article thirty-three of
    38  the public health law to administer medical marihuana to a person who is
    39  receiving services for persons with developmental disabilities  at  such
    40  facility.
    41    3. A policy adopted pursuant to subdivision two of this section shall,
    42  at a minimum:
    43    a.  require  the  person  receiving services to be a certified patient
    44  authorized for the use of medical  marihuana  and  that  the  designated
    45  caregiver  be  authorized  to  assist the person with the medical use of
    46  marihuana pursuant to title five-A of article thirty-three of the public
    47  health law;
    48    b. establish protocols for verifying the registration status and ongo-
    49  ing authorization concerning the medical use of  marihuana  pursuant  to
    50  title  five-A  of  article thirty-three of the public health law for the
    51  certified patient and the designated caregiver;
    52    c. expressly authorize designated  caregivers  to  administer  medical
    53  marihuana  to  the  person  receiving services for persons with develop-
    54  mental disabilities while the person is at the facility; and
    55    d. identify locations at the facility where medical marihuana  may  be
    56  administered.

        S. 219                              3
 
     1    4.  Medical  marihuana  may  be  administered  to  a certified patient
     2  receiving services for persons  with  developmental  disabilities  at  a
     3  facility that offers such services which is operated, licensed or certi-
     4  fied  by  the office while such person is at the facility, provided that
     5  such  administration  is  consistent with the requirements of the policy
     6  adopted pursuant to this section and the provisions of title  five-A  of
     7  article thirty-three of the public health law.
     8    5.  Nothing  in  this  section shall be construed to authorize medical
     9  marihuana to be smoked or  vaporized  in  any  place  where  smoking  is
    10  prohibited pursuant to article thirteen-E of the public health law.
    11    §  4. Subdivision 5 of section 3360 of the public health law, as added
    12  by chapter 90 of the laws of 2014, is amended to read as follows:
    13    5. "Designated caregiver" means the individual designated by a  certi-
    14  fied  patient  in a registry application. A certified patient may desig-
    15  nate up to [two] three designated caregivers.
    16    § 5. This act shall take effect immediately  provided,  however,  that
    17  the  amendments  made  to  subdivision  5  of section 3360 of the public
    18  health law made by section four of this act shall not affect the  repeal
    19  of such section and shall be deemed repealed therewith.
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