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S08772 Summary:

Amd §3360, Pub Health L
Provides access to medical marihuana for animals.
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S08772 Actions:

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S08772 Text:

                STATE OF NEW YORK
                    IN SENATE
                                      May 15, 2018
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed 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.

        S. 8772                             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.
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