Bill Text: NY A02865 | 2019-2020 | General Assembly | Introduced

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Bill Title: Provides that testing positive for marihuana on a drug test shall not be determinative of whether a certified patient is performing his or her employment duties while impaired by a controlled substance or be the basis for a hiring decision or disciplinary action against such patient.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-02-06 - advanced to third reading cal.390 [A02865 Detail]

Download: New_York-2019-A02865-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          2865
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2019
                                       ___________
        Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
          tee on Health
        AN  ACT  to  amend the public health law, in relation to protections for
          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 2 of section 3369 of the public health law, as
     2  added by chapter 90 of the laws of 2014, is amended to read as follows:
     3    2. Non-discrimination. Being a certified patient shall be deemed to be
     4  having a "disability" under article fifteen of the executive law  (human
     5  rights  law),  section forty-c of the civil rights law, sections 240.00,
     6  485.00, and 485.05 of the penal law, and section 200.50 of the  criminal
     7  procedure law. This subdivision shall not bar the enforcement of a poli-
     8  cy  prohibiting an employee from performing his or her employment duties
     9  while impaired by a controlled substance.   The fact  that  a  certified
    10  patient  tests positive for marihuana in a drug test shall not be deter-
    11  minative of whether such certified patient  is  performing  his  or  her
    12  employment duties while impaired by a controlled substance and shall not
    13  be  the  basis  for  a  hiring decision or disciplinary action against a
    14  certified patient. This subdivision shall  not  require  any  person  or
    15  entity to do any act that would put the person or entity in violation of
    16  federal law or cause it to lose a federal contract or funding.
    17    §  2.  This  act shall take effect immediately; provided, however, the
    18  amendments to section 3369 of the public health law, made by section one
    19  of this act, shall not affect the repeal of such section  and  shall  be
    20  deemed repealed therewith.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05096-01-9