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.
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.