Bill Text: NY A01125 | 2019-2020 | General Assembly | Amended
Bill Title: Defines a serious condition regarding the medical use of marihuana as a condition, or symptom or complication of the condition or its treatment, for which, in the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from primary or adjunctive treatment with medical use of medical marihuana.
Spectrum: Partisan Bill (Democrat 24-1)
Status: (Introduced - Dead) 2020-01-08 - ordered to third reading cal.53 [A01125 Detail]
Download: New_York-2019-A01125-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 1125--A Cal. No. 100 2019-2020 Regular Sessions IN ASSEMBLY January 14, 2019 ___________ Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, L. ROSEN- THAL, ORTIZ, SIMON, CAHILL, BRONSON, D'URSO, HEVESI, LIFTON, JAFFEE, SEAWRIGHT, WEPRIN, WOERNER, SAYEGH -- Multi-Sponsored by -- M. of A. COOK, CRESPO, DeSTEFANO, LENTOL -- read once and referred to the Committee on Health -- reported and referred to the Committee on Codes -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend the public health law, in relation to the definition of a serious condition regarding the medical use of marihuana The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 7 of section 3360 of the public health law, as 2 added by chapter 90 of the laws of 2014 and paragraph (a) as amended by 3 chapter 273 of the laws of 2018, is amended to read as follows: 4 7. [(a)] "Serious condition" means[:5(i) having one of the following severe debilitating or life-threaten-6ing conditions: cancer, positive status for human immunodeficiency virus7or acquired immune deficiency syndrome, amyotrophic lateral sclerosis,8Parkinson's disease, multiple sclerosis, damage to the nervous tissue of9the spinal cord with objective neurological indication of intractable10spasticity, epilepsy, inflammatory bowel disease, neuropathies,11Huntington's disease, post-traumatic stress disorder, pain that degrades12health and functional capability where the use of medical marihuana is13an alternative to opioid use, substance use disorder, or as added by the14commissioner; and15(ii) any of the following conditions where it is clinically associated16with, or a complication of, a condition under this paragraph or its17treatment: cachexia or wasting syndrome; severe or chronic pain; severe18nausea; seizures; severe or persistent muscle spasms; or such conditions19as are added by the commissioner.EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03945-02-9A. 1125--A 2 1(b) No later than eighteen months from the effective date of this2section, the commissioner shall determine whether to add the following3serious conditions: Alzheimer's, muscular dystrophy, dystonia, post-4traumatic stress disorder and rheumatoid arthritis] a condition, or 5 symptom or complication of the condition or its treatment, for which, in 6 the practitioner's professional opinion and review of past treatments, 7 the patient is likely to receive therapeutic or palliative benefit from 8 primary or adjunctive treatment with medical use of medical marihuana. 9 § 2. This act shall take effect immediately, provided however, that 10 the amendments to title 5-A of article 33 of the public health law made 11 by section one of this act shall not affect the expiration and repeal of 12 such title and shall expire and be deemed repealed therewith.