A01149 Summary:

BILL NOA01149
 
SAME ASSAME AS S02056
 
SPONSORGottfried
 
COSPNSRLupardo, D'Urso, Abinanti, Wright, Miller MG, Simon, Weprin, Lifton, Zebrowski, McDonough, Morinello, Jaffee, Lentol, Taylor, Blake, Darling, Griffin
 
MLTSPNSRDeStefano, Reilly
 
Amd §3360, Pub Health L
 
Establishes that a practitioner is a physician who is authorized to prescribe controlled substances.
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A01149 Actions:

BILL NOA01149
 
01/14/2019referred to health
01/08/2020referred to health
01/22/2020reported
01/23/2020advanced to third reading cal.335
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A01149 Committee Votes:

HEALTH Chair:Gottfried DATE:01/22/2020AYE/NAY:24/1 Action: Favorable
GottfriedAyeByrneAye
SchimmingerExcusedMcDonoughAye
GalefAyeGarbarinoNay
DinowitzAyeByrnesAye
CahillAyeAshbyAye
PaulinAyeMillerAye
CymbrowitzAyeSalkaAye
GuntherAye
RosenthalAye
HevesiAye
JaffeeAye
SteckAye
AbinantiAye
BraunsteinAye
KimAye
SolagesAye
BichotteAye
BarronAye
SayeghAye

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A01149 Floor Votes:

There are no votes for this bill in this legislative session.
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A01149 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1149
 
SPONSOR: Gottfried
  TITLE OF BILL: An act to amend the public health law, in relation to authorization to prescribe controlled substances   PURPOSE: To allow practitioners who are authorized to prescribe controlled substances to certify patients for medical marijuana use.   SUMMARY OF SPECIFIC PROVISIONS: Section 1: Amends subdivision 12 of § 3360 of the public health law to allow any practitioner authorized to practice under title 8 of the education law and authorized to prescribe controlled substances to certify patients for use of medical marijuana. Section 2: Effective date - 60 days after becoming law, provided however that the commissioner shall immediately make regulations and take other actions necessary for implementation.   JUSTIFICATION: The Compassionate Care Act medical marijuana law initially allowed only physicians to certify patients and directed the Commissioner to consider including nurse practitioners (NPs). Later, both NPs and physician assistants (PAs) were added by regulation. Patients in need should not be denied access to critical medication simply because they are treated by the "wrong" type of practitioner. Providers authorized to write prescriptions for much more dangerous controlled substances should be able to certify for medical marijuana, within the appropriate existing guidelines for such certifications. Several categories of health care practitioners other than physicians, NPs, and PAs may prescribe controlled substances. In many cases, these practitioners may have the most substantial knowledge of the patient's eligible condition and appropriate treatment (for example, a podiatrist or dentist treating severe chronic pain in the foot or mouth, respec- tively). Health care practitioners who can write prescriptions for other controlled substances should be allowed to certify patients for medical marijuana. As is the case today, such practitioners would be required to register with the Health Department and meet training requirements; be qualified to treat the particular eligible condition and acting within their scope of practice; documenting certifications both to the Depart- ment and in the patient's medical record; and consult the prescription monitoring program (I-STOP) prior to certification.   PRIOR LEGISLATIVE HISTORY: 2017-2018 A8915: Reported to 3rd reading / Senate Health   FISCAL IMPLICATIONS: Tax revenue from increased participation in medical marijuana program would more than offset the cost of registering additional practitioners.   EFFECTIVE DATE: 60 days after becoming law, provided however that the commissioner shall immediately make regulations and take other actions necessary for imple- mentation.
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A01149 Text:



 
                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
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