Assembly Bill A8348

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

2015-A8348 (ACTIVE) - Details

Current Committee:
Assembly Health
Law Section:
Public Health Law
Laws Affected:
Amd ยง3369, Pub Health L
Versions Introduced in Other Legislative Sessions:
2017-2018: A4560
2019-2020: A2865
2021-2022: A5171

2015-A8348 (ACTIVE) - Summary

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.

2015-A8348 (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section  1. Subdivision 2 of section 3369 of the public health law, as
added by chapter 90 of the laws of 2014, is amended to read as follows:
  2. Non-discrimination. Being a certified patient shall be deemed to be
having a "disability" under article fifteen of the executive law  (human
rights  law),  section forty-c of the civil rights law, sections 240.00,
485.00, and 485.05 of the penal law, and section 200.50 of the  criminal
procedure law. This subdivision shall not bar the enforcement of a poli-
cy  prohibiting an employee from performing his or her employment duties
while impaired by a controlled substance.   THE FACT  THAT  A  CERTIFIED
PATIENT  TESTS POSITIVE FOR MARIHUANA IN A DRUG TEST SHALL NOT BE DETER-
MINATIVE OF WHETHER SUCH CERTIFIED PATIENT  IS  PERFORMING  HIS  OR  HER
EMPLOYMENT DUTIES WHILE IMPAIRED BY A CONTROLLED SUBSTANCE AND SHALL NOT
BE  THE  BASIS  FOR  A  HIRING DECISION OR DISCIPLINARY ACTION AGAINST A
CERTIFIED PATIENT. This subdivision shall  not  require  any  person  or
entity to do any act that would put the person or entity in violation of
federal law or cause it to lose a federal contract or funding.
  S  2.  This  act shall take effect immediately; provided, however, the
amendments to section 3369 of the public health law, made by section one
of this act, shall not affect the repeal 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.
                                                           LBD11751-01-5

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.