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A11011 Summary:

BILL NOA11011B
 
SAME ASSAME AS S08987-A
 
SPONSORRules (Gottfried)
 
COSPNSRLupardo, Rosenthal L, Epstein, Espinal
 
MLTSPNSR
 
Amd §3360, Pub Health L
 
Relates to allowing for the use of medical marihuana as an alternative to opioids for pain management and substance use disorder.
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A11011 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A11011B
 
SPONSOR: Rules (Gottfried)
  TITLE OF BILL: An act to amend the public health law, in relation to allowing for the use of medical marihuana as an alternative to opioids for pain management and substance use disorder   PURPOSE: To allow physicians to certify patients for medical marijuana as an alternative to prescribing opioids   SUMMARY OF PROVISIONS: Section 1. Amends section 3360 of the public health law, which lists conditions eligible for medical marijuana. Adds substance use disorder and pain that degrades health and functional capability where the use of medical marijuana is an alternative to opioid use. Section 2. Effective date.   JUSTIFICATION: With the ongoing opioid abuse crisis, it is important that physicians be able to offer alternatives to opioids for pain management. Medical mari- juana is a safer alternative and many certified patients currently use it to treat pain under existing law and regulations. State regulations (1004.2) currently allow certification of patients for medical marijuana if they have pain that degrades health and functional capability along with certain additional requirements. This bill adds eligibility for patients with such pain whose use of medical marijuana is as an alterna- tive to opioids. It will also add substance use disorder to the list of conditions for which a doctor may authorize medical marijuana use. This will allow for our state to offer proven harm reduction and treatment to those struggling with substance use disorder.   LEGISLATIVE HISTORY: New bill.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A11011 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                        11011--B
                                                                   R. R. 201
 
                   IN ASSEMBLY
 
                                      May 30, 2018
                                       ___________
 
        Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Gottfried,
          Lupardo, L. Rosenthal) -- read once and referred to the  Committee  on
          Health  -- reported and referred to the Committee on Codes -- reported
          and referred to the Committee on Rules -- Rules Committee  discharged,
          bill  amended,  ordered  reprinted  as  amended and recommitted to the
          Committee on Rules -- again amended on special order of third reading,
          ordered reprinted, retaining its place on the special order  of  third
          reading
 
        AN  ACT  to amend the public health law, in relation to allowing for the
          use of medical marihuana as an alternative to opioids for pain manage-
          ment and substance use disorder
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  (a)  of  subdivision  7 of section 3360 of the
     2  public health law, as amended by chapter 403 of the  laws  of  2017,  is
     3  amended to read as follows:
     4    (a) "Serious condition" means:
     5    (i)  having one of the following severe debilitating or life-threaten-
     6  ing conditions: cancer, positive status for human immunodeficiency virus
     7  or acquired immune deficiency syndrome, amyotrophic  lateral  sclerosis,
     8  Parkinson's disease, multiple sclerosis, damage to the nervous tissue of
     9  the  spinal  cord  with objective neurological indication of intractable
    10  spasticity,  epilepsy,   inflammatory   bowel   disease,   neuropathies,
    11  Huntington's disease, post-traumatic stress disorder, pain that degrades
    12  health  and  functional capability where the use of medical marihuana is
    13  an alternative to opioid use, substance use disorder, or as added by the
    14  commissioner; and
    15    (ii) any of the following conditions where it is clinically associated
    16  with, or a complication of, a condition  under  this  paragraph  or  its
    17  treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
    18  nausea; seizures; severe or persistent muscle spasms; or such conditions
    19  as are added by the commissioner.
    20    § 2. This act shall take effect immediately; provided,  however,  that
    21  the amendments to section 3360 of the public health law, made by section
    22  one  of  this act, shall not affect the repeal of such section and shall
    23  be deemed repealed therewith.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15986-05-8
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