BILL NUMBER: S2056

SPONSOR: SAVINO
 
TITLE OF BILL:

An act to amend the public health law, in relation to authorization to
prescribe controlled substances

 
PURPOSE:

To allow practitioners who are authorized to prescribe controlled
substances to certify patients for medical cannabis use.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1: Amends subdivision 12 of § 3360 of the public health law to
allow any practitioner authorized to practice under title 8 of the
education law and authorized to prescribe controlled substances to
certify patients for use of medical cannabis.

Section 2: Effective date - 60 days after becoming law, provided however
              

that the Commissioner shall immediately make regulations and take other
actions necessary for implementation.

 
JUSTIFICATION:

The Compassionate Care Act medical cannabis law initially allowed only
physicians to certify patients and directed the Commissioner to consider
including nurse practitioners (NPs).  Later, both NPs and physician
assistants (PAs) were added by regulation.

Several categories of health care practitioners other than physicians,
NPs, and PAs may prescribe controlled substances. In many cases, these
practitioners may have the most substantial knowledge of the patient's
eligible condition and appropriate treatment (for example, a podiatrist
or dentist treating severe chronic pain in the foot or mouth, respec-
tively).

Health care practitioners who can write prescriptions for other
controlled substances should be allowed to certify patients for medical
cannabis. Patients in need should not be denied access to critical medi-
cation simply because they are treated by the "wrong" type of practi-
tioner. Providers authorized to write prescriptions for much more
dangerous controlled substances should be able to certify for medical
cannabis, within the appropriate existing guidelines for such certif-
ications.

As is the case today, such practitioners would be required to register
with the Health Department and meet training requirements; be qualified
to treat the particular eligible condition and act within their scope of
practice; document certifications both to the Department and in the
patient's medical record; and consult the prescription monitoring
program (I-STOP) prior to certification.

 
PRIOR LEGISLATIVE HISTORY:

2018 Session - New bill - S.7563 - referred to Health.

 
FISCAL IMPLICATIONS:
Tax revenue from increased participation in the medical cannabis program
would more than offset the cost of registering additional practitioners.

 
EFFECTIVE DATE:
60 days after becoming law, provided however that the commissioner shall
immediately make regulations and take other actions necessary for imple-
mentation.