Bill Text: NY A07795 | 2023-2024 | General Assembly | Introduced

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Bill Title: Relates to the content and procedure for certification by pharmacists of patients using medical cannabis; allows a pharmacist employed by a registered organization and responsible for supervising the dispensing of medical cannabis within a cannabis dispensing facility to recommend and certify patients upon consultation within such dispensing facility.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-01-03 - referred to higher education [A07795 Detail]

Download: New_York-2023-A07795-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7795

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2023
                                       ___________

        Introduced by M. of A. McDONALD -- read once and referred to the Commit-
          tee on Higher Education

        AN  ACT to amend the cannabis law, in relation to certification by phar-
          macists of patients using medical cannabis

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  30  of  the  cannabis  law is amended to read as
     2  follows:
     3    § 30. Certification of patients. 1. A patient certification  may  only
     4  be issued if:
     5    (a)  the  patient  has  a  condition,  which shall be specified in the
     6  patient's health care record, if applicable;
     7    (b) the practitioner by training or experience is qualified  to  treat
     8  the condition;
     9    (c)  the  patient  is under the practitioner's continuing care for the
    10  condition; [and] or
    11    (d) in the practitioner's professional  opinion  and  review  of  past
    12  treatments,  the  patient is likely to receive therapeutic or palliative
    13  benefit from the primary or adjunctive treatment  with  medical  use  of
    14  cannabis for the condition.
    15    2. The certification shall include:
    16    (a) the name, date of birth and address of the patient;
    17    (b)  a  statement  that the patient has a condition and the patient is
    18  under the practitioner's care for the condition;
    19    (c) a statement attesting that [all  requirements]  a  requirement  of
    20  subdivision one of this section [have] has been satisfied;
    21    (d) the date; and
    22    (e)  the  name,  address,  telephone  number, and the signature of the
    23  certifying practitioner.
    24    The board may require by regulation that the certification shall be on
    25  a form provided by the office. The practitioner may state in the certif-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11383-01-3
        A. 7795                             2

     1  ication that, in the practitioner's professional  opinion,  the  patient
     2  would  benefit  from medical cannabis only until a specified date.  [The
     3  practitioner may state in the certification that, in the  practitioner's
     4  professional opinion, the patient is terminally ill and that the certif-
     5  ication shall not expire until the patient dies.]
     6    3.  In  making a certification, the practitioner may consider the form
     7  of medical cannabis the patient should consume, including the method  of
     8  consumption and any particular strain, variety, and quantity or percent-
     9  age of cannabis or particular active ingredient, and appropriate dosage.
    10  The  practitioner  may  state in the certification any recommendation or
    11  limitation the practitioner makes, in his or her  professional  opinion,
    12  concerning the appropriate form or forms of medical cannabis and dosage.
    13    4.  Every  practitioner  shall make a reasonable effort to consult the
    14  prescription monitoring program registry prior to making  or  issuing  a
    15  certification,  for  the  purpose  of  reviewing  a patient's controlled
    16  substance history. For purposes of  this  section,  a  practitioner  may
    17  authorize  a  designee  to  consult  the prescription monitoring program
    18  registry on his or her behalf, provided  that  such  designation  is  in
    19  accordance with section thirty-three hundred forty-three-a of the public
    20  health law.
    21    5.  The  practitioner  shall  give  the certification to the certified
    22  patient, and place a copy in the patient's health  care  record  if  the
    23  patient is under the practitioner's continuing care.
    24    6.  No practitioner shall issue a certification under this section for
    25  themselves.
    26    7. A registry identification card based on a certification  shall  not
    27  expire [one year after the date the certification is signed by the prac-
    28  titioner], except as provided for in subdivision eight of this section.
    29    8.    (a) If the practitioner states in the certification that, in the
    30  practitioner's professional opinion,  the  patient  would  benefit  from
    31  medical  cannabis only until a specified earlier date, then the registry
    32  identification card shall expire on that date; and
    33    (b) [if the practitioner states in the certification that in the prac-
    34  titioner's professional opinion the patient is terminally ill  and  that
    35  the  certification  shall  not  expire  until the patient dies, then the
    36  registry identification card shall state that the patient is  terminally
    37  ill  and  that  the registration card shall not expire until the patient
    38  dies; (c) if the practitioner re-issues the certification  to  terminate
    39  the  certification  on an earlier date, then the registry identification
    40  card shall expire on that date and shall be promptly  destroyed  by  the
    41  certified  patient;  (d)  if the certification so provides, the registry
    42  identification card shall state any recommendation or limitation by  the
    43  practitioner  as  to the form or forms of medical cannabis or dosage for
    44  the certified patient; and (e) the] The board  [shall]  may  make  regu-
    45  lations to implement this subdivision.
    46    9.  (a) A certification may be a special certification if, in addition
    47  to the other requirements for a certification, the  practitioner  certi-
    48  fies  in  the  certification that the patient's condition is progressive
    49  and degenerative or that delay in the patient's certified medical use of
    50  cannabis poses a risk to the patient's life or health.
    51    (b) The office shall create the form to be used for a special  certif-
    52  ication  and  shall  make  that form available to be downloaded from the
    53  office's website.
    54    10. Prior to issuing a certification a practitioner must complete,  at
    55  a  minimum,  a two-hour course as determined by the board in regulation.
    56  For the purposes of this article a person's status as a practitioner  is
        A. 7795                             3

     1  deemed  to  be  a  "license"  for  the  purposes of section thirty-three
     2  hundred ninety of the public health law and shall be subject to the same
     3  revocation process.
     4    11. Notwithstanding any other law, rule, or regulation, any pharmacist
     5  employed  by  a  registered organization and responsible for supervising
     6  the dispensing of medical cannabis within a cannabis dispensing facility
     7  shall be deemed an authorized practitioner able to recommend and certify
     8  patients upon consultation within such dispensing facility provided that
     9  such pharmacist has completed  the  two-hour  course  required  by  this
    10  section  and  registered  with  the office.   The fee for such a certif-
    11  ication shall not exceed twenty-five dollars.
    12    § 2. This act shall take effect immediately.