Bill Text: NY A00187 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a prescription from a licensed physician in order to obtain an electronic cigarette.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to health [A00187 Detail]

Download: New_York-2023-A00187-Introduced.html

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                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.