Bill Text: NY A01125 | 2019-2020 | General Assembly | Amended


Bill Title: Defines a serious condition regarding the medical use of marihuana as a condition, or symptom or complication of the condition or its treatment, for which, in the practitioner's professional opinion and review of past treatments, the patient is likely to receive therapeutic or palliative benefit from primary or adjunctive treatment with medical use of medical marihuana.

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Introduced) 2019-03-11 - amended on third reading 1125a [A01125 Detail]

Download: New_York-2019-A01125-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         1125--A
                                                                Cal. No. 100
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced by M. of A. GOTTFRIED, LUPARDO, ABINANTI, DINOWITZ, L. ROSEN-
          THAL,  ORTIZ,  SIMON, CAHILL, BRONSON, D'URSO, HEVESI, LIFTON, JAFFEE,
          SEAWRIGHT, WEPRIN, WOERNER, SAYEGH -- Multi-Sponsored by -- M.  of  A.
          COOK,  CRESPO,  DeSTEFANO,  LENTOL  --  read  once and referred to the
          Committee on Health -- reported and referred to the Committee on Codes
          -- reported from committee, advanced to a third reading,  amended  and
          ordered reprinted, retaining its place on the order of third reading
        AN  ACT to amend the public health law, in relation to the definition of
          a serious condition regarding 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 7 of section 3360 of the public health law, as
     2  added by chapter 90 of the laws of 2014 and paragraph (a) as amended  by
     3  chapter 273 of the laws of 2018, is amended to read as follows:
     4    7. [(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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03945-02-9

        A. 1125--A                          2

     1    (b) No later than eighteen months from  the  effective  date  of  this
     2  section,  the  commissioner shall determine whether to add the following
     3  serious conditions: Alzheimer's,  muscular  dystrophy,  dystonia,  post-
     4  traumatic  stress  disorder  and  rheumatoid  arthritis] a condition, or
     5  symptom or complication of the condition or its treatment, for which, in
     6  the  practitioner's  professional opinion and review of past treatments,
     7  the patient is likely to receive therapeutic or palliative benefit  from
     8  primary or adjunctive treatment with medical use of medical marihuana.
     9    §  2.  This  act shall take effect immediately, provided however, that
    10  the amendments to title 5-A of article 33 of the public health law  made
    11  by section one of this act shall not affect the expiration and repeal of
    12  such title and shall expire and be deemed repealed therewith.
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