Bill Text: NY A02628 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Provides access to medical marihuana for an animal when a veterinarian determines such animal has any medical condition that may benefit from treatment with medical marihuana.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2024-01-03 - referred to health [A02628 Detail]

Download: New_York-2023-A02628-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          2628

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 26, 2023
                                       ___________

        Introduced  by  M.  of  A.  PAULIN,  LUPARDO,  DICKENS  -- read once and
          referred to the Committee on Health

        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:
    24    (a) "Serious condition" means:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05211-01-3
        A. 2628                             2

     1    (i) having one of the following severe debilitating or  life-threaten-
     2  ing conditions: cancer, positive status for human immunodeficiency virus
     3  or  acquired  immune deficiency syndrome, amyotrophic lateral sclerosis,
     4  Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
     5  the  spinal  cord  with objective neurological indication of intractable
     6  spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
     7  Huntington's disease, post-traumatic stress disorder, pain that degrades
     8  health  and  functional capability where the use of medical marihuana is
     9  an alternative to opioid use, substance use disorder, or as added by the
    10  commissioner; [and]
    11    (ii) any of the following conditions where it is clinically associated
    12  with, or a complication of, a condition  under  this  paragraph  or  its
    13  treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
    14  nausea; seizures; severe or persistent muscle spasms; or such conditions
    15  as are added by the commissioner[.]; and
    16    (iii) any medical condition  that  may  benefit  from  treatment  with
    17  medical  marihuana  as determined by a veterinarian licensed pursuant to
    18  article one hundred thirty-five of the education law.
    19    § 3. This act shall take effect immediately; provided that the  amend-
    20  ments  to  title  5-A  of  article  33  of the public health law made by
    21  sections one and two of this act shall not affect  the  repeal  of  such
    22  title  pursuant  to  section  12  of  chapter 90 of the laws of 2014, as
    23  amended and pursuant to section 6 of chapter 92  of  the  laws  of  2021
    24  shall be deemed repealed therewith.