A00187 Summary:

BILL NOA00187
 
SAME ASNo Same As
 
SPONSORRosenthal L
 
COSPNSR
 
MLTSPNSR
 
Rpld §1399-n sub 11, add §1399-ddd, amd §§1399-dd, 1399-bb & 1399-cc, Pub Health L
 
Requires a prescription from a licensed physician in order to obtain an electronic cigarette.
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A00187 Actions:

BILL NOA00187
 
01/04/2023referred to health
01/03/2024referred to health
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A00187 Committee Votes:

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A00187 Floor Votes:

There are no votes for this bill in this legislative session.
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A00187 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A187
 
SPONSOR: Rosenthal L
  TITLE OF BILL: An act to amend the public health law, in relation to requiring a prescription from a licensed physician in order to obtain an electronic cigarette; and repealing certain provisions of such law relating thereto   PURPOSE: To reduce new nicotine addictions from e-cigarettes by limiting their use to adults looking to use them as a smoking cessation device.   SUMMARY OF SPECIFIC PROVISIONS: Section one amends the public health law by adding a new section 1399-ddd. Section two repeals subdivision 11 of section 1399-n of the public health law. Section three amends subdivisions 7 and 8 of section 1399-q of the public health law. Section four amends the heading and opening paragraph of section 1399-d of the public health law. Section five amends subdivisions 4 and 5 of section 1399-bb of the public health law. Section six amends subdivisions 4 and 5 of section 1399-bb of the public health law. Section seven amends the section heading, paragraphs (c), (d) and (e) of subdivision 1 d subdivisions 2, 3, 4 and 7 of section 1399-cc of the public health law. Section eight amends subdivisions 2, 3 and 7 of section 1399-cc of the public health law. Section nine sets forth the effective date.   JUSTIFICATION: Though New York State has achieved record-low smoking rates, electronic cigarettes and vapes have surged in popularity in recent years. Young people became hooked on the nicotine in e-cigarettes as a result of aggressive and misleading marketing efforts directly targeting them. In the summer of 2019, hundreds of people around the United States were hospitalized for respiratory problems linked to vaping; multiple deaths were reported. The American Medical Association urged Americans in September 2019 to stop vaping until more information was gathered on these illnesses and the harms associated. Many claims have been made that electronic cigarettes are a safe alter- native to smoking combustible cigarettes, despite the federal Food and Drug Administration not yet recognizing them as a smoking cessation device. While some smokers may switch to e-cigarette devices with the intention of quitting nicotine and tobacco use, for many people, e-ci- garettes are an initiation product and mark the beginning of a poten- tially lifelong nicotine addiction. E-cigarette manufacturers are now marketing their devices as smoking cessation devices, and therefore should not be a product that a person uses long-term. This legislation will prevent new nicotine addictions by requiring a prescription from a licensed physician in order to obtain an electronic cigarette.   LEGISLATIVE HISTORY: 2021-22: A.668 - Referred to Health 2019-20: A.8628 - Referred to Health   FISCAL IMPLICATIONS: Undetermined.   EFFECTIVE DATE: This act shall take effect immediately.
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A00187 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           187
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 4, 2023
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Health
 
        AN ACT to amend the public  health  law,  in  relation  to  requiring  a
          prescription from a licensed physician in order to obtain an electron-
          ic  cigarette;  and  repealing certain provisions of such law relating
          thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  The  public health law is amended by adding a new section
     2  1399-ddd to read as follows:
     3    § 1399-ddd. Prescription required for electronic cigarette use. 1. For
     4  purposes of this section, "electronic cigarette"  shall  have  the  same
     5  meaning  as  in subdivision thirteen of section thirteen hundred ninety-
     6  nine-aa of this article.
     7    2. (a) Electronic cigarettes shall be made available only to  individ-
     8  uals over the age of eighteen who have been prescribed to use such elec-
     9  tronic  cigarettes  by  a  licensed  physician  authorized to issue such
    10  prescriptions. Purchasing,  obtaining  or  using  electronic  cigarettes
    11  without  a valid prescription from a licensed physician shall be prohib-
    12  ited and be deemed a violation of this section.
    13    (b) Electronic cigarettes shall only be  made  available  through  any
    14  individual,  firm, corporation or association who is licensed and regis-
    15  tered to operate as a pharmacy pursuant to article one  hundred  thirty-
    16  seven of the education law.
    17    3.  The commissioner is authorized to promulgate rules and regulations
    18  to implement the provisions of this section.
    19    § 2. Subdivision 11 of section 1399-n of  the  public  health  law  is
    20  REPEALED.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00679-01-3

        A. 187                              2
 
     1    §  3.  The section heading and opening paragraph of section 1399-dd of
     2  the public health law, as amended by chapter 448 of the  laws  of  2012,
     3  are amended to read as follows:
     4    Sale  of tobacco products[,] or herbal cigarettes [or electronic ciga-
     5  rettes] in vending machines. No person, firm,  partnership,  company  or
     6  corporation  shall  operate  a  vending  machine which dispenses tobacco
     7  products[,] or herbal cigarettes [or electronic cigarettes] unless  such
     8  machine is located:
     9    § 4. Subdivisions 4 and 5 of section 1399-bb of the public health law,
    10  as  amended  by  section 4 of part EE of chapter 56 of the laws of 2020,
    11  are amended to read as follows:
    12    4. No retail dealer engaged in the business of  selling  or  otherwise
    13  distributing  [electronic  cigarettes  or]  vapor  products  intended or
    14  reasonably expected to be used with or for the consumption  of  nicotine
    15  for commercial purposes[, or any agent or employee of such person, shall
    16  knowingly,  in  furtherance  of such business, distribute without charge
    17  any electronic cigarettes to any individual under  twenty-one  years  of
    18  age].
    19    5.  The  distribution of tobacco products[, electronic cigarettes,] or
    20  vapor products intended or reasonably expected to be used  with  or  for
    21  the  consumption  of nicotine, or herbal cigarettes pursuant to subdivi-
    22  sion two of this section or the distribution without  charge  of  [elec-
    23  tronic cigarettes, or] vapor products intended or reasonably expected to
    24  be  used  with or for the consumption of nicotine, shall be made only to
    25  an individual who demonstrates, through (a) a driver's license  or  non-
    26  driver identification card issued by the commissioner of motor vehicles,
    27  the  federal  government,  any United States territory, commonwealth, or
    28  possession, the District of Columbia,  a  state  government  within  the
    29  United States, or a provincial government of the dominion of Canada, (b)
    30  a  valid  passport issued by the United States government or the govern-
    31  ment of any other country, or (c) an identification card issued  by  the
    32  armed  forces of the United States, indicating that the individual is at
    33  least twenty-one years of age. Such identification need not be  required
    34  of  any  individual  who  reasonably  appears to be at least twenty-five
    35  years of age; provided, however, that such appearance shall not  consti-
    36  tute  a  defense  in any proceeding alleging the sale of a tobacco prod-
    37  uct[, electronic cigarette,] or vapor  product  intended  or  reasonably
    38  expected  to  be used with or for the consumption of nicotine, or herbal
    39  cigarette or the distribution without charge of [electronic  cigarettes,
    40  or]  vapor  products  intended or reasonably expected to be used with or
    41  for the consumption of nicotine to an individual.
    42    § 5. Subdivisions 2, 3 and 7 of section 1399-cc of the  public  health
    43  law,  as amended by chapter 100 of the laws of 2019, are amended to read
    44  as follows:
    45    2. Any person operating a place of business wherein tobacco  products,
    46  herbal  cigarettes[,  liquid  nicotine,]  or shisha [or electronic ciga-
    47  rettes,] are sold or offered for sale is prohibited  from  selling  such
    48  products,  herbal  cigarettes,  [liquid  nicotine,]  shisha[, electronic
    49  cigarettes] or smoking paraphernalia  to  individuals  under  twenty-one
    50  years  of  age,  and shall post in a conspicuous place a sign upon which
    51  there shall be imprinted the following statement, "SALE  OF  CIGARETTES,
    52  CIGARS,  CHEWING  TOBACCO,  POWDERED  TOBACCO,  SHISHA  OR OTHER TOBACCO
    53  PRODUCTS, HERBAL CIGARETTES, [LIQUID NICOTINE,  ELECTRONIC  CIGARETTES,]
    54  ROLLING  PAPERS  OR  SMOKING  PARAPHERNALIA, TO PERSONS UNDER TWENTY-ONE
    55  YEARS OF AGE IS PROHIBITED BY LAW." Such sign  shall  be  printed  on  a
    56  white card in red letters at least one-half inch in height.

        A. 187                              3
 
     1    3.  Sale of tobacco products, herbal cigarettes[, liquid nicotine,] or
     2  shisha [or electronic cigarettes] in such places, other than by a  vend-
     3  ing  machine,  shall  be  made  only  to an individual who demonstrates,
     4  through (a) a valid driver's license or non-driver's identification card
     5  issued  by  the  commissioner of motor vehicles, the federal government,
     6  any United States territory, commonwealth or possession, the District of
     7  Columbia, a state government within the United States  or  a  provincial
     8  government  of the dominion of Canada, or (b) a valid passport issued by
     9  the United States government or any other country, or (c) an identifica-
    10  tion card issued by the armed forces of the  United  States,  indicating
    11  that  the individual is at least twenty-one years of age. Such identifi-
    12  cation need not be required of any individual who reasonably appears  to
    13  be  at  least  twenty-five  years  of  age, provided, however, that such
    14  appearance shall not constitute a defense in any proceeding alleging the
    15  sale of a tobacco product,  herbal  cigarettes[,  liquid  nicotine,]  or
    16  shisha  [or  electronic  cigarettes]  to  an individual under twenty-one
    17  years of age.
    18    7. No person operating a place of business wherein  tobacco  products,
    19  herbal  cigarettes[,  liquid  nicotine,]  or shisha [or electronic ciga-
    20  rettes] are sold or offered for sale shall  sell,  permit  to  be  sold,
    21  offer  for  sale  or  display for sale any tobacco product, herbal ciga-
    22  rettes[, liquid nicotine,] or shisha [or electronic cigarettes]  in  any
    23  manner,  unless  such  products  and  cigarettes are stored for sale (a)
    24  behind a counter in an area accessible only to  the  personnel  of  such
    25  business,  or  (b)  in  a  locked  container;  provided,  however,  such
    26  restriction shall not apply to tobacco businesses, as defined in  subdi-
    27  vision eight of section thirteen hundred ninety-nine-aa of this article,
    28  and  to  places  to  which admission is restricted to persons twenty-one
    29  years of age or older.
    30    § 6. This act shall take effect immediately.
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