Bill Text: NY A08348 | 2015-2016 | General Assembly | Introduced

---

Bill Title: Provides that testing positive for marihuana on a drug test shall not be determinative of whether a certified patient is performing his or her employment duties while impaired by a controlled substance or be the basis for a hiring decision or disciplinary action against such patient.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - referred to health [A08348 Detail]

Download: New_York-2015-A08348-Introduced.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8348
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    August 5, 2015
                                      ___________
       Introduced by M. of A. ABINANTI -- read once and referred to the Commit-
         tee on Health
       AN  ACT  to  amend the public health law, in relation to protections for
         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 2 of section 3369 of the public health law, as
    2  added by chapter 90 of the laws of 2014, is amended to read as follows:
    3    2. Non-discrimination. Being a certified patient shall be deemed to be
    4  having a "disability" under article fifteen of the executive law  (human
    5  rights  law),  section forty-c of the civil rights law, sections 240.00,
    6  485.00, and 485.05 of the penal law, and section 200.50 of the  criminal
    7  procedure law. This subdivision shall not bar the enforcement of a poli-
    8  cy  prohibiting an employee from performing his or her employment duties
    9  while impaired by a controlled substance.   THE FACT  THAT  A  CERTIFIED
   10  PATIENT  TESTS POSITIVE FOR MARIHUANA IN A DRUG TEST SHALL NOT BE DETER-
   11  MINATIVE OF WHETHER SUCH CERTIFIED PATIENT  IS  PERFORMING  HIS  OR  HER
   12  EMPLOYMENT DUTIES WHILE IMPAIRED BY A CONTROLLED SUBSTANCE AND SHALL NOT
   13  BE  THE  BASIS  FOR  A  HIRING DECISION OR DISCIPLINARY ACTION AGAINST A
   14  CERTIFIED PATIENT. This subdivision shall  not  require  any  person  or
   15  entity to do any act that would put the person or entity in violation of
   16  federal law or cause it to lose a federal contract or funding.
   17    S  2.  This  act shall take effect immediately; provided, however, the
   18  amendments to section 3369 of the public health law, made by section one
   19  of this act, shall not affect the repeal of such section  and  shall  be
   20  deemed repealed therewith.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11751-01-5