A05172 Summary:

COSPNSRLupardo, Dickens, Galef
Amd §3360, Pub Health L
Provides access to medical marihuana for an animal when a veterinarian determines such animal has any medical condition that may benefit from treatment with medical marihuana.
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A05172 Actions:

02/11/2021referred to health
01/05/2022referred to health
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A05172 Committee Votes:

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A05172 Floor Votes:

There are no votes for this bill in this legislative session.
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A05172 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  TITLE OF BILL: An act to amend the public health law, in relation to access to medical marihuana for animals   PURPOSE:-. To allow licensed veterinarians to certify patients to use medical mari- huana and to add animals to the list of certified patients under the public health law   SUMMARY OF SPECIFIC PROVISIONS:_ Section one of the bill amends subdivision 3 of section 3360 of the public health law by adding the terms "human" and "animal" to the defi- nition of "certified patient." This section also amends subdivision 12 of section 3360 of the public health law by adding licensed veterinari- ans to the definition of "practitioner." Section two amends subdivision 7 of section 3360 of the public health law to add any medical condition that may benefit from treatment with medical marihuana as determined by a licensed veterinarian. Section three provides the effective date.   JUSTIFICATION: Medical marihuana has helped countless people in the management and treatment of chronic and debilitating illnesses. Research suggests that animals can also benefit from cannabis use to similarly treat their ailments. This legislation would authorize licensed veterinarians in the state to certify their animal patients to use medical marihuana for any medical condition that may benefit from such treatment. Animal owners and care- givers would therefore. be given an alternative option to alleviate their pets' pain. This could be helpful to many animals in need of espe- cially those that have chronic illnesses and for whom more traditional medical treatment has not been proven to be effective. Other states, including Nevada and California, have introduced legis- lation regarding medical marihuana. use for pets.Giving animals access to medical marihuana is a compassionate measure that will help in preventing unnecessary discomfort and suffering.   LEGISLATIVE HISTORY: 2019 and 2020: A.970, referred to health/ S.2835, referred to health 2018: A.10104, referred to health/ S.8722, referred to health   FISCAL IMPLICATIONS: None   EFFECTIVE DATE: Immediately.
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A05172 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    February 11, 2021
        Introduced  by M. of A. PAULIN, LUPARDO, DICKENS, GALEF -- read once and
          referred 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.  Paragraph  (a)  of  subdivision 7 of section 3360 of the public
    22  health law, as amended by chapter 273 of the laws of 2018, is amended to
    23  read as follows:
    24    (a) "Serious condition" means:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5172                             2
     1    (i) having one of the following severe debilitating or  life-threaten-
     2  ing conditions: cancer, positive status for human immunodeficiency virus
     3  or  acquired  immune deficiency syndrome, amyotrophic lateral sclerosis,
     4  Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
     5  the  spinal  cord  with objective neurological indication of intractable
     6  spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
     7  Huntington's disease, post-traumatic stress disorder, pain that degrades
     8  health  and  functional capability where the use of medical marihuana is
     9  an alternative to opioid use, substance use disorder, or as added by the
    10  commissioner; [and]
    11    (ii) any of the following conditions where it is clinically associated
    12  with, or a complication of, a condition  under  this  paragraph  or  its
    13  treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
    14  nausea; seizures; severe or persistent muscle spasms; or such conditions
    15  as are added by the commissioner[.]; and
    16    (iii) any medical condition  that  may  benefit  from  treatment  with
    17  medical  marihuana  as determined by a veterinarian licensed pursuant to
    18  article one hundred thirty-five of the education law.
    19    § 3. This act shall take effect immediately; provided that the  amend-
    20  ments  to  title  5-A  of  article  33  of the public health law made by
    21  sections one and two of this act shall not affect  the  repeal  of  such
    22  title and shall be deemed repealed therewith.
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