Bill Text: NY A01149 | 2019-2020 | General Assembly | Introduced

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

Spectrum: Moderate Partisan Bill (Democrat 16-4)

Status: (Introduced - Dead) 2020-01-23 - advanced to third reading cal.335 [A01149 Detail]

Download: New_York-2019-A01149-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1149
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A. GOTTFRIED, LUPARDO, D'URSO, ABINANTI, WRIGHT,
          M. G. MILLER, SIMON, WEPRIN, LIFTON, ZEBROWSKI, McDONOUGH,  MORINELLO,
          JAFFEE -- 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.
                                                                   LBD03796-01-9