Bill Text: NY A00170 | 2021-2022 | General Assembly | Introduced

Bill Title: Establishes that a practitioner is a practitioner who is authorized to prescribe controlled substances.

Spectrum: Slight Partisan Bill (Democrat 11-4)

Status: (Introduced) 2021-01-21 - advanced to third reading cal.32 [A00170 Detail]

Download: New_York-2021-A00170-Introduced.html

                STATE OF NEW YORK


                               2021-2022 Regular Sessions

                   IN ASSEMBLY


                                     January 6, 2021

        Introduced  by  M.  of  A.  GOTTFRIED, LUPARDO, ABINANTI, SIMON, WEPRIN,
          Sponsored  by  -- M. of A. DeSTEFANO, REILLY -- read once and referred
          to the Committee on Health

        AN ACT to amend the public health law, in relation to  authorization  to
          prescribe controlled substances

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 12 of section 3360 of the public health law, as
     2  added by chapter 90 of the laws of 2014, is amended to read as follows:
     3    12. "Practitioner" means a  practitioner  who  (i)  is  [a  physician]
     4  authorized  by  this  article  to  prescribe  a controlled substance, is
     5  licensed [by New York state and practicing within the state]  or  other-
     6  wise  authorized to practice under title eight of the education law, and
     7  is acting within his or her lawful scope  of  practice,  (ii)  [who]  by
     8  training  or  experience  is  qualified  to treat a serious condition as
     9  defined in subdivision seven of this section; and (iii) has completed  a
    10  two  to four hour course as determined by the commissioner in regulation
    11  and registered with the department;  provided  however,  a  registration
    12  shall  not  be  denied without cause. Such course may count toward board
    13  certification requirements. [The commissioner shall consider the  inclu-
    14  sion  of  nurse practitioners under this title based upon considerations
    15  including access and availability. After such consideration the  commis-
    16  sioner  is authorized to deem nurse practitioners as practitioners under
    17  this title.]
    18    § 2. This act shall take effect on the sixtieth  day  after  it  shall
    19  have become a law; provided that, effective immediately, the commission-
    20  er  of  health  shall make regulations and take other actions reasonably
    21  necessary for this act to take effect on that date; and provided further
    22  that the amendments to subdivision 12 of  section  3360  of  the  public
    23  health  law  made by section one of this act shall not affect the repeal
    24  of such section and shall be deemed repealed therewith.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.