Bill Text: NY S02835 | 2019-2020 | General Assembly | Amended


Bill Title: Provides access to medical marihuana for animals.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO HEALTH [S02835 Detail]

Download: New_York-2019-S02835-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         2835--A
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 29, 2019
                                       ___________
        Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN  ACT to amend the public health law, in relation to access to medical
          marihuana for animals
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1. Subdivisions 3 and 12 of section 3360 of the public health
     2  law, as added by chapter 90 of the laws of 2014, are amended to read  as
     3  follows:
     4    3.  "Certified patient" means a human patient or animal who is a resi-
     5  dent of New York state or receiving care and treatment in New York state
     6  as determined by the commissioner in regulation, and is certified  under
     7  section thirty-three hundred sixty-one of this title.
     8    12.  "Practitioner"  means  a  practitioner  who  (i)  is  a physician
     9  licensed by New York state and practicing  within  the  state  or  is  a
    10  veterinarian licensed pursuant to article one hundred thirty-five of the
    11  education  law, (ii) who by training or experience is qualified to treat
    12  a serious condition as defined in subdivision seven of this section; and
    13  (iii) has completed a two to four  hour  course  as  determined  by  the
    14  commissioner  in regulation and registered with the department; provided
    15  however, a registration shall not be denied without cause.  Such  course
    16  may  count  toward  board  certification  requirements. The commissioner
    17  shall consider the inclusion of nurse  practitioners  under  this  title
    18  based  upon considerations including access and availability. After such
    19  consideration the commissioner is authorized to deem nurse practitioners
    20  as practitioners under this title.
    21    § 2. Paragraph (a) of subdivision 7 of  section  3360  of  the  public
    22  health law, as amended by chapter 273 of the laws of 2018, is amended to
    23  read as follows:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02058-03-9

        S. 2835--A                          2
     1    (a) "Serious condition" means:
     2    (i)  having one of the following severe debilitating or life-threaten-
     3  ing conditions: cancer, positive status for human immunodeficiency virus
     4  or acquired immune deficiency syndrome, amyotrophic  lateral  sclerosis,
     5  Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
     6  the  spinal  cord  with objective neurological indication of intractable
     7  spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
     8  Huntington's disease, post-traumatic stress disorder, pain that degrades
     9  health  and  functional capability where the use of medical marihuana is
    10  an alternative to opioid use, substance use disorder, or as added by the
    11  commissioner; [and]
    12    (ii) any of the following conditions where it is clinically associated
    13  with, or a complication of, a condition  under  this  paragraph  or  its
    14  treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
    15  nausea; seizures; severe or persistent muscle spasms; or such conditions
    16  as are added by the commissioner[.]; and
    17    (iii) any medical condition  that  may  benefit  from  treatment  with
    18  medical  marihuana  as determined by a veterinarian licensed pursuant to
    19  article one hundred thirty-five of the education law.
    20    § 3. This act shall take effect immediately; provided that the  amend-
    21  ments  to  title  5-A  of  article  33  of the public health law made by
    22  sections one and two of this act shall not affect  the  repeal  of  such
    23  title and shall be deemed repealed therewith.
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