S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5657
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to medical marihuana
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 1, 5, 7 and 12 of section 3360 of the public
 health law, subdivisions 1, 5, 7 and 12 as added by chapter  90  of  the
 laws  of  2014, paragraph (a) of subdivision 7 as amended by chapter 273
 of the laws of 2018, are amended and three new subdivisions 5-a, 5-b and
 19 are added to read as follows:
   1. "Certified medical use" means the acquisition, possession, use, or,
 transportation of medical marihuana  by  a  certified  patient,  or  the
 acquisition,  possession,  delivery, transportation or administration of
 medical marihuana by a designated caregiver, for  use  as  part  of  the
 treatment  of  the  patient's  [serious]  condition,  as authorized in a
 certification under this title including enabling the patient to  toler-
 ate treatment for the [serious] condition. [A certified medical use does
 not include smoking.]
   5.  "Designated  caregiver" means the individual OR CAREGIVER FACILITY
 designated by a certified patient in a registry application. A certified
 patient may designate up to two designated caregivers,  NOT  COUNTING  A
 DESIGNATED CAREGIVER FACILITY OR DESIGNATED CAREGIVER FACILITY EMPLOYEE.
   5-A.  "DESIGNATED  CAREGIVER  FACILITY" MEANS AN ENTITY THAT REGISTERS
 WITH THE COMMISSIONER TO ASSIST ONE OR MORE CERTIFIED PATIENTS WITH  THE
 ACQUISITION,  POSSESSION,  DELIVERY, TRANSPORTATION OR ADMINISTRATION OF
 MEDICAL MARIHUANA AND IS: A GENERAL HOSPITAL OR RESIDENTIAL HEALTH  CARE
 FACILITY  OPERATING UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; AN ADULT
 CARE FACILITY OPERATING UNDER TITLE TWO OF ARTICLE SEVEN OF  THE  SOCIAL
 SERVICES  LAW;  A  COMMUNITY  MENTAL  HEALTH RESIDENCE ESTABLISHED UNDER
 SECTION 41.44 OF THE MENTAL HYGIENE  LAW;  A  HOSPITAL  OPERATING  UNDER
 SECTION  7.17 OF THE MENTAL HYGIENE LAW; A MENTAL HYGIENE FACILITY OPER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11129-03-9

 S. 5657                             2
 
 ATING UNDER ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW;  AN  INPATIENT
 OR  RESIDENTIAL  TREATMENT PROGRAM CERTIFIED UNDER ARTICLE THIRTY-TWO OF
 THE MENTAL HYGIENE LAW; A RESIDENTIAL FACILITY FOR THE CARE  AND  TREAT-
 MENT  OF PERSONS WITH DEVELOPMENTAL DISABILITIES OPERATING UNDER ARTICLE
 SIXTEEN OF THE MENTAL HYGIENE LAW; A RESIDENTIAL TREATMENT FACILITY  FOR
 CHILDREN  AND  YOUTH  OPERATING  UNDER  ARTICLE THIRTY-ONE OF THE MENTAL
 HYGIENE LAW; A PUBLIC SCHOOL  OR  PRIVATE  SCHOOL  OPERATING  UNDER  THE
 EDUCATION  LAW;  A RESEARCH INSTITUTION WITH AN INTERNAL REVIEW BOARD; A
 MEDICAL MARIHUANA RESEARCH PROGRAM LICENSED UNDER  SECTION  THIRTY-THREE
 HUNDRED  SIXTY-FOUR-A OF THIS TITLE; OR ANY OTHER FACILITY AS DETERMINED
 BY THE COMMISSIONER IN REGULATION.
   5-B. "DESIGNATED CAREGIVER FACILITY EMPLOYEE" MEANS AN EMPLOYEE  OF  A
 DESIGNATED CAREGIVER FACILITY.
   7. (a) ["Serious condition"] "CONDITION" means:
   (i) having one of the following [severe debilitating or life-threaten-
 ing]  conditions:  cancer,  positive  status  for human immunodeficiency
 virus or acquired immune deficiency syndrome, amyotrophic lateral scler-
 osis, Parkinson's disease, multiple sclerosis,  damage  to  the  nervous
 tissue  of  the  spinal  cord  with objective neurological indication of
 intractable spasticity, epilepsy, inflammatory bowel  disease,  neuropa-
 thies,  Huntington's  disease, post-traumatic stress disorder, pain that
 degrades health and functional capability where the use of medical mari-
 huana  is  an  alternative  to  opioid  use,  substance  use   disorder,
 ALZHEIMER'S, MUSCULAR DYSTROPHY, DYSTONIA, RHEUMATOID ARTHRITIS, AUTISM,
 or [as added by the commissioner; and
   (ii) any of the following conditions where it is clinically associated
 with,  or  a  complication  of,  a condition under this paragraph or its
 treatment: cachexia or wasting syndrome; severe or chronic pain;  severe
 nausea; seizures; severe or persistent muscle spasms; or such conditions
 as are added by the commissioner.
   (b)  No  later  than  eighteen  months from the effective date of this
 section, the commissioner shall determine whether to add  the  following
 serious  conditions:  Alzheimer's,  muscular  dystrophy, dystonia, post-
 traumatic stress disorder and rheumatoid arthritis] ANY OTHER  CONDITION
 CERTIFIED BY THE PRACTITIONER.
   12.  "Practitioner"  means  a  practitioner  who  (i)  [is a physician
 licensed by New York state and practicing within the state,] IS  AUTHOR-
 IZED  TO PRESCRIBE CONTROLLED SUBSTANCES WITHIN THE STATE; (ii) [who] by
 training or experience is qualified to treat a  [serious]  condition  as
 defined in subdivision seven of this section; and (iii) [has completed a
 two  to four hour course as determined by the commissioner in regulation
 and registered with the department;  provided  however,  a  registration
 shall  not  be  denied without cause. Such course may count toward board
 certification requirements. The commissioner shall consider  the  inclu-
 sion  of  nurse practitioners under this title based upon considerations
 including access and availability. After such consideration the  commis-
 sioner  is authorized to deem nurse practitioners as practitioners under
 this title] COMPLETES, AT A MINIMUM, A TWO HOUR COURSE AS DETERMINED  BY
 THE  COMMISSIONER.  A PERSON'S STATUS AS A PRACTITIONER UNDER THIS TITLE
 IS DEEMED TO BE A "LICENSE" FOR PURPOSES OF SECTION THIRTY-THREE HUNDRED
 NINETY OF THIS ARTICLE.
   19. "MEDICAL MARIHUANA RESEARCH PROGRAM"  MEANS  A  MEDICAL  MARIHUANA
 RESEARCH   PROGRAM   LICENSED   UNDER   SECTION   THIRTY-THREE   HUNDRED
 SIXTY-FOUR-A OF THIS TITLE.
   § 2. Subdivisions 1, 2, and 9 of section 3361  of  the  public  health
 law, subdivisions 1 and 2 as added by chapter 90 of the laws of 2014 and

 S. 5657                             3

 subdivision  9  as added by chapter 416 of the laws of 2015, are amended
 to read as follows:
   1.  A  patient certification may only be issued if: (a) a practitioner
 has been registered with the department  to  issue  a  certification  as
 determined  by  the commissioner; (b) the patient has a [serious] condi-
 tion, which shall be specified in the patient's health care record;  (c)
 the  practitioner  by  training  or experience is qualified to treat the
 [serious] condition; (d) the patient is under the practitioner's contin-
 uing care for the [serious] condition; and  (e)  in  the  practitioner's
 professional opinion and review of past treatments, the patient is like-
 ly  to  receive  therapeutic  or  palliative benefit from the primary or
 adjunctive treatment with medical use of  marihuana  for  the  [serious]
 condition.
   2.  The  certification  shall  include (a) the name, date of birth and
 address of the patient; (b) a statement that the patient has a [serious]
 condition and the patient is  under  the  practitioner's  care  for  the
 [serious]  condition; (c) a statement attesting that all requirements of
 subdivision one of this section have been satisfied; (d) the  date;  and
 (e)  the  name,  address, federal registration number, telephone number,
 and the  handwritten  signature  of  the  certifying  practitioner.  The
 commissioner  may  require by regulation that the certification shall be
 on a form provided by the department. The practitioner may state in  the
 certification  that,  in  the  practitioner's  professional opinion, the
 patient would benefit from medical  marihuana  only  until  a  specified
 date. The practitioner may state in the certification that, in the prac-
 titioner's  professional opinion, the patient is terminally ill and that
 the certification shall not expire until the patient dies.
   9.(a) A certification may be a special certification if,  in  addition
 to  the  other requirements for a certification, the practitioner certi-
 fies in the certification that  the  patient's  [serious]  condition  is
 progressive  and  degenerative  or that delay in the patient's certified
 medical use of marihuana poses a serious risk to the patient's  life  or
 health.
   (b)  The  department  shall  create  the form to be used for a special
 certification and shall make that form available to be  downloaded  from
 the department's website.
   § 3. Subdivisions 1 and 2 of section 3362 of the public health law, as
 added  by chapter 90 of the laws of 2014, are amended and a new subdivi-
 sion 3 is added to read as follows:
   1. The possession, acquisition, use, delivery,  transfer,  transporta-
 tion,  or  administration of medical marihuana by a certified patient or
 designated caregiver possessing a valid  registry  identification  card,
 for  certified  medical  use, shall be lawful under this title; provided
 that:
   (a) the marihuana that may be possessed by a certified  patient  shall
 not  exceed  a  [thirty] SIXTY day supply of the dosage as determined by
 the practitioner, consistent with any guidance and regulations issued by
 the commissioner, provided that during the last seven days of any [thir-
 ty] SIXTY day period, the certified patient may also possess up to  such
 amount for the next [thirty] SIXTY day period;
   (b)  the marihuana that may be possessed by designated caregivers does
 not exceed the quantities referred to in paragraph (a) of this  subdivi-
 sion for each certified patient for whom the caregiver possesses a valid
 registry identification card, up to five certified patients;
   (C) THE MARIHUANA THAT MAY BE POSSESSED BY DESIGNATED CAREGIVER FACIL-
 ITIES  DOES  NOT  EXCEED  THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF

 S. 5657                             4
 
 THIS SUBDIVISION FOR EACH CERTIFIED PATIENT UNDER CARE OR  TREATMENT  OF
 THE FACILITY;
   [(c)] (D) the form or forms of medical marihuana that may be possessed
 by the certified patient [or], designated caregiver, OR DESIGNATED CARE-
 GIVER  FACILITY  pursuant to a certification shall be in compliance with
 any recommendation or limitation by the practitioner as to the  form  or
 forms  of  medical  marihuana or dosage for the certified patient in the
 certification; and
   [(d)] (E) the medical marihuana shall be kept in the original  package
 in  which  it  was dispensed under subdivision twelve of section thirty-
 three hundred sixty-four of this title, except for the  portion  removed
 for  immediate  consumption  for  certified medical use by the certified
 patient.
   2. Notwithstanding subdivision one of this section:
   (a) possession of medical marihuana shall not  be  lawful  under  this
 title  if it is smoked, consumed, vaporized, or grown in a public place,
 regardless of the form of medical  marihuana  stated  in  the  patient's
 certification.
   (b)  a  [person]  CERTIFIED PATIENT OR DESIGNATED CAREGIVER possessing
 medical marihuana under this title shall possess  his  or  her  registry
 identification card at all times when in immediate possession of medical
 marihuana.
   (C) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
 NOT  BE  SMOKED  UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER, REGARDLESS OF
 THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION.
   3. THE POSSESSION, ACQUISITION, DELIVERY, TRANSFER, TRANSPORTATION, OR
 ADMINISTRATION OF MEDICAL MARIHUANA BY A DESIGNATED  CAREGIVER  FACILITY
 OR  DESIGNATED  CAREGIVER  FACILITY  EMPLOYEE SHALL BE LAWFUL UNDER THIS
 TITLE PROVIDED THAT:
   (A) THE DESIGNATED CAREGIVER FACILITY REGISTERS WITH THE DEPARTMENT ON
 A FORM PROVIDED BY THE COMMISSIONER;
   (B) SUCH POSSESSION, ACQUISITION, DELIVERY, TRANSFER,  TRANSPORTATION,
 OR  ADMINISTRATION  IS  ON  BEHALF  OF  A CERTIFIED PATIENT POSSESSING A
 REGISTRY IDENTIFICATION CARD;
   (C) THE DESIGNATED CAREGIVER FACILITY MAINTAINS A COPY OF THE REGISTRY
 IDENTIFICATION CARD OF EACH CERTIFIED PATIENT FOR  WHICH  IT  POSSESSES,
 ACQUIRES,  DELIVERS, TRANSFERS, TRANSPORTS, OR ADMINISTERS MEDICAL MARI-
 HUANA; AND
   (D) A DESIGNATED CAREGIVER FACILITY EMPLOYEE SHALL BE IDENTIFIED AS AN
 EMPLOYEE WHEN NECESSARY, AS PROVIDED BY THE COMMISSIONER.
   § 4. Subdivisions 2, 3, 5, and 11 of section 3363 of the public health
 law, as added by chapter 90 of the laws of 2014, are amended to read  as
 follows:
   2.  To obtain, amend or renew a registry identification card, a certi-
 fied patient or designated caregiver shall file a  registry  application
 with  the  department.  The  registry application or renewal application
 shall include:
   (a) in the case of a certified patient:
   (i) the patient's certification (a new written certification shall  be
 provided with a renewal application);
   (ii) the name, address, and date of birth of the patient;
   (iii) the date of the certification;
   (iv)  if  the  patient  has  a registry identification card based on a
 current valid certification,  the  registry  identification  number  and
 expiration date of that registry identification card;

 S. 5657                             5
 
   (v)  the  specified  date  until  which the patient would benefit from
 medical marihuana, if the certification states such a date;
   (vi)  the  name,  address,  federal registration number, and telephone
 number of the certifying practitioner;
   (vii) any recommendation or limitation by the practitioner as  to  the
 form  or forms of medical marihuana or dosage for the certified patient;
 and
   (viii)  other  individual  identifying  information  required  by  the
 department;
   (b)  (I) in the case of a certified patient, if the patient designates
 a designated caregiver, the name, address, and  date  of  birth  of  the
 designated  caregiver,  and  other  individual  identifying  information
 required by the department;
   (II) IF THE DESIGNATED  CAREGIVER  IS  A  MEDICAL  MARIHUANA  RESEARCH
 PROGRAM,  THE  NAME  OF  THE  ORGANIZATION  CONDUCTING THE RESEARCH; THE
 ADDRESS, PHONE NUMBER, AND NAME OF THE INDIVIDUAL LEADING  THE  RESEARCH
 OR  APPROPRIATE  DESIGNEE; AND OTHER IDENTIFYING INFORMATION REQUIRED BY
 THE DEPARTMENT;
   (c) in the case of a designated caregiver:
   (i) the name, address, and date of birth of the designated caregiver;
   (ii) if the designated caregiver has a registry  identification  card,
 the  registry identification number and expiration date of that registry
 identification card; and
   (iii) other individual identifying information required by the depart-
 ment;
   (d) a statement that a false statement  made  in  the  application  is
 punishable under section 210.45 of the penal law;
   (e)  the  date  of  the application and the signature of the certified
 patient or designated caregiver, as the case may be; AND
   (f) [a fifty dollar application fee, provided, that the department may
 waive or reduce the fee in cases of financial hardship; and
   (g)] any other requirements determined by the commissioner.
   3. Where a certified patient is under the age of eighteen:
   (a) The application for a registry identification card shall  be  made
 by  an  appropriate person over twenty-one years of age. The application
 shall state facts demonstrating that the person is appropriate.
   (b) The designated caregiver shall be (i) a parent or  legal  guardian
 of  the certified patient, (ii) a person designated by a parent or legal
 guardian, [or] (iii) IN THE CASE OF SUCH A CERTIFIED PATIENT BEING CARED
 FOR BY A DESIGNATED CAREGIVER FACILITY, THE DESIGNATED CAREGIVER FACILI-
 TY DESIGNATED BY THE PARENT OR LEGAL GUARDIAN; OR  (IV)  an  appropriate
 person  approved  by  the  department  upon a sufficient showing that no
 parent or legal guardian is appropriate or available.
   5. No person may be a designated caregiver for more than  five  certi-
 fied  patients  at one time; PROVIDED HOWEVER THAT THIS LIMITATION SHALL
 NOT APPLY TO A DESIGNATED CAREGIVER  FACILITY  OR  DESIGNATED  CAREGIVER
 FACILITY EMPLOYEE.
   11.  A certified patient or designated caregiver who has been issued a
 registry identification card shall notify the department of  any  change
 in  his or her name or address or, with respect to the patient, if he or
 she ceases to have the [serious] condition noted  on  the  certification
 within  ten  days  of such change. The certified patient's or designated
 caregiver's registry identification card shall  be  deemed  invalid  and
 shall be returned promptly to the department.

 S. 5657                             6
 
   § 5. Subdivisions 3 and 5 of section 3364 of the public health law, as
 added  by chapter 90 of the laws of 2014, are amended and a new subdivi-
 sion 14 is added to read as follows:
   3.  Each  registered  organization  shall contract with an independent
 laboratory PERMITTED UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR-C  OF
 THIS  CHAPTER  to  test the medical marihuana produced by the registered
 organization. The commissioner shall approve the laboratory and  require
 that the laboratory report testing results in a manner determined by the
 commissioner. The commissioner is authorized to issue regulation requir-
 ing the laboratory to perform certain tests and services.
   5.  (a)  No  registered  organization may sell, deliver, distribute or
 dispense to any certified patient or designated caregiver a quantity  of
 medical  marihuana  larger  than  that  individual  would  be allowed to
 possess under this title.
   (b) When dispensing medical marihuana to a certified patient or desig-
 nated caregiver, the registered organization (i) shall not  dispense  an
 amount  greater  than a [thirty] SIXTY day supply to a certified patient
 until the certified patient has exhausted all but  a  seven  day  supply
 provided  pursuant  to a previously issued certification, and (ii) shall
 verify the information in subparagraph (i) of this paragraph by consult-
 ing the prescription monitoring program registry under  section  thirty-
 three hundred forty-three-a of this article.
   (c)  Medical  marihuana dispensed to a certified patient or designated
 caregiver by a registered organization shall conform to any  recommenda-
 tion  or  limitation  by  the  practitioner  as  to the form or forms of
 medical marihuana or dosage for the certified patient.
   14. A REGISTERED ORGANIZATION MAY CONTRACT WITH A PERSON OR ENTITY  TO
 PROVIDE  FACILITIES,  EQUIPMENT  OR  SERVICES  THAT ARE ANCILLARY TO THE
 REGISTERED ORGANIZATION'S FUNCTIONS OR  ACTIVITIES  UNDER  THIS  SECTION
 (INCLUDING,  BUT  NOT  LIMITED  TO, SHIPPING, MAINTENANCE, CONSTRUCTION,
 REPAIR, AND SECURITY). ALL  LAWS  AND  REGULATIONS  APPLICABLE  TO  SUCH
 FACILITIES,  EQUIPMENT,  OR  SERVICES  SHALL  APPLY TO THE CONTRACT. THE
 REGISTERED ORGANIZATION AND OTHER PARTIES TO THE CONTRACT SHALL EACH  BE
 RESPONSIBLE  FOR  COMPLIANCE  WITH  SUCH  LAWS AND REGULATIONS UNDER THE
 CONTRACT. THE COMMISSIONER MAY MAKE  REGULATIONS  CONSISTENT  WITH  THIS
 TITLE RELATING TO CONTRACTS AND PARTIES TO CONTRACTS UNDER THIS SUBDIVI-
 SION.
   §  6.  The public health law is amended by adding a new section 3364-a
 to read as follows:
   § 3364-A. MEDICAL MARIHUANA RESEARCH LICENSES.   1.  THE  COMMISSIONER
 SHALL  ESTABLISH  A  MEDICAL  MARIHUANA  RESEARCH LICENSE THAT PERMITS A
 LICENSEE TO PRODUCE, PROCESS,  PURCHASE,  POSSESS,  TRANSFER,  AND  SELL
 MARIHUANA,  SUBJECT  TO THIS SECTION, FOR THE FOLLOWING LIMITED RESEARCH
 PURPOSES:
   (A) TO TEST CHEMICAL POTENCY AND COMPOSITION LEVELS;
   (B) TO CONDUCT CLINICAL INVESTIGATIONS OF MARIHUANA-DERIVED PRODUCTS;
   (C) TO CONDUCT RESEARCH ON THE EFFICACY AND  SAFETY  OF  ADMINISTERING
 MARIHUANA AS PART OF MEDICAL TREATMENT; OR
   (D)  TO  CONDUCT  GENOMIC OR AGRICULTURAL RESEARCH RELATING TO MEDICAL
 MARIHUANA.
   2. AS PART OF THE APPLICATION PROCESS FOR A MEDICAL MARIHUANA RESEARCH
 LICENSE, AN APPLICANT MUST SUBMIT TO THE COMMISSIONER A  DESCRIPTION  OF
 THE  RESEARCH  THAT IS INTENDED TO BE CONDUCTED AS WELL AS THE AMOUNT OF
 MARIHUANA TO BE GROWN OR PURCHASED. THE  COMMISSIONER  SHALL  REVIEW  AN
 APPLICANT'S RESEARCH PROJECT AND DETERMINE WHETHER IT MEETS THE REQUIRE-

 S. 5657                             7

 MENTS  OF SUBDIVISION ONE OF THIS SECTION. IN ADDITION, THE COMMISSIONER
 SHALL ASSESS THE APPLICATION BASED ON THE FOLLOWING CRITERIA:
   (A) PROJECT QUALITY, STUDY DESIGN, VALUE, AND IMPACT;
   (B)  WHETHER  THE  APPLICANT HAS THE APPROPRIATE PERSONNEL, EXPERTISE,
 FACILITIES AND INFRASTRUCTURE,  FUNDING,  AND  (TO  THE  EXTENT  LEGALLY
 AVAILABLE)  APPROVALS  RELATING TO HUMAN OR ANIMAL RESEARCH, IN PLACE TO
 SUCCESSFULLY CONDUCT THE PROJECT; AND
   (C) WHETHER THE AMOUNT OF MARIHUANA TO BE GROWN OR  PURCHASED  BY  THE
 APPLICANT IS CONSISTENT WITH THE PROJECT'S SCOPE AND GOALS.
   3.  IF THE COMMISSIONER DETERMINES THAT THE RESEARCH PROJECT MEETS THE
 REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,  THE  COMMISSIONER  MAY
 APPROVE THE APPLICATION. IF NOT, THE APPLICATION SHALL BE DENIED.
   4.  A  MEDICAL  MARIHUANA  RESEARCH LICENSEE MAY ONLY SELL OR TRANSFER
 MARIHUANA GROWN OR PRODUCED WITHIN ITS OPERATION TO OTHER MEDICAL  MARI-
 HUANA  RESEARCH  LICENSEES,  OR OTHERWISE FOR PURPOSES OF THE LICENSEE'S
 RESEARCH.
   5. IN ESTABLISHING A MEDICAL MARIHUANA RESEARCH LICENSE,  THE  COMMIS-
 SIONER MAY MAKE REGULATIONS ON THE FOLLOWING:
   (A) APPLICATION REQUIREMENTS;
   (B)   LICENSE   RENEWAL  REQUIREMENTS,  INCLUDING  WHETHER  ADDITIONAL
 RESEARCH PROJECTS MAY BE ADDED OR CONSIDERED;
   (C) CONDITIONS FOR LICENSE REVOCATION;
   (D) SECURITY MEASURES TO ENSURE MARIHUANA IS NOT DIVERTED TO  PURPOSES
 OTHER THAN RESEARCH;
   (E)  AMOUNT  OF  PLANTS, USEABLE MARIHUANA, MARIHUANA CONCENTRATES, OR
 MARIHUANA-INFUSED PRODUCTS A LICENSEE MAY HAVE ON ITS PREMISES;
   (F) LICENSEE REPORTING REQUIREMENTS;
   (G) CONDITIONS UNDER WHICH MARIHUANA GROWN BY LICENSED  MEDICAL  MARI-
 HUANA  PRODUCERS AND OTHER PRODUCT TYPES FROM LICENSED MEDICAL MARIHUANA
 PROCESSORS MAY BE DONATED TO MEDICAL MARIHUANA RESEARCH LICENSEES; AND
   (H) ANY ADDITIONAL REQUIREMENTS DEEMED NECESSARY BY THE COMMISSIONER.
   6. A MARIHUANA RESEARCH LICENSE ISSUED UNDER  THIS  SECTION  SHALL  BE
 ISSUED  IN THE NAME OF THE APPLICANT OR APPLICANTS, SPECIFY THE LOCATION
 AT WHICH THE MARIHUANA RESEARCHER INTENDS TO  OPERATE,  WHICH  SHALL  BE
 WITHIN  THE  STATE,  AND  SHALL  NOT  ALLOW  ANY OTHER PERSON TO USE THE
 LICENSE EXCEPT AS UNDER SUBDIVISION FOUR OF THIS SECTION.
   7. PARTICIPATION  BY  CERTIFIED  PATIENTS  IN  ANY  MEDICAL  MARIHUANA
 RESEARCH PROGRAM SHALL BE VOLUNTARY.
   8.  THE APPLICATION FEE FOR A MEDICAL MARIHUANA RESEARCH LICENSE SHALL
 BE DETERMINED BY THE COMMISSIONER ON AN ANNUAL BASIS.
   9. EACH MEDICAL MARIHUANA RESEARCH  LICENSEE  SHALL  ISSUE  AN  ANNUAL
 REPORT  TO  THE  COMMISSIONER. THE COMMISSIONER SHALL REVIEW SUCH REPORT
 AND MAKE A DETERMINATION AS TO WHETHER THE RESEARCH PROJECT CONTINUES TO
 MEET THE RESEARCH QUALIFICATIONS UNDER THIS SECTION.
   § 7. The public health law is amended by adding a new  section  3364-b
 to read as follows:
   §  3364-B.  REGISTRATION  OF  DESIGNATED CAREGIVER FACILITIES.   1. TO
 OBTAIN, AMEND OR RENEW A REGISTRATION AS A DESIGNATED CAREGIVER  FACILI-
 TY,  THE  FACILITY  SHALL FILE AN APPLICATION WITH THE COMMISSIONER. THE
 APPLICATION SHALL INCLUDE:
   (A) THE FACILITY'S FULL NAME AND ADDRESS;
   (B) OPERATING CERTIFICATE OR LICENSE NUMBER WHERE APPROPRIATE;
   (C) NAME, TITLE, AND SIGNATURE OF  AN  AUTHORIZED  FACILITY  REPRESEN-
 TATIVE;
   (D)  A  STATEMENT THAT THE FACILITY AGREES TO SECURE AND ENSURE PROPER
 HANDLING OF ALL MEDICAL MARIHUANA PRODUCTS;

 S. 5657                             8
 
   (E) AN ACKNOWLEDGEMENT THAT A FALSE STATEMENT IN  THE  APPLICATION  IS
 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW; AND
   (F) ANY OTHER INFORMATION THAT MAY BE REQUIRED BY THE COMMISSIONER.
   2. PRIOR TO ISSUING OR RENEWING A DESIGNATED CAREGIVER FACILITY REGIS-
 TRATION,  THE  COMMISSIONER  MAY VERIFY THE INFORMATION SUBMITTED BY THE
 APPLICANT.  THE APPLICANT SHALL PROVIDE, AT THE COMMISSIONER'S  REQUEST,
 SUCH  INFORMATION  AND DOCUMENTATION, INCLUDING ANY CONSENTS OR AUTHORI-
 ZATIONS, THAT MAY BE NECESSARY FOR THE COMMISSIONER TO VERIFY THE INFOR-
 MATION.
   3. THE APPLICATION SHALL BE APPROVED, DENIED OR DETERMINED  INCOMPLETE
 OR  INACCURATE  BY THE COMMISSIONER WITHIN THIRTY DAYS OF RECEIPT OF THE
 APPLICATION. IF THE APPLICATION  IS  APPROVED,  THE  COMMISSIONER  SHALL
 ISSUE A REGISTRATION AS SOON AS IS REASONABLY PRACTICABLE.
   4.  REGISTRATIONS  UNDER THIS SECTION SHALL REMAIN VALID FOR TWO YEARS
 FROM THE DATE OF ISSUANCE.
   § 8. The public health law is amended by adding a new  section  3364-c
 to read as follows:
   §  3364-C.  LABORATORY PERMITS.  1. THE COMMISSIONER SHALL APPROVE AND
 PERMIT ONE OR MORE INDEPENDENT LABORATORIES TO TEST  MEDICAL  MARIHUANA.
 TO BE PERMITTED AS AN INDEPENDENT LABORATORY UNDER THIS SECTION, A LABO-
 RATORY  MUST  APPLY TO THE DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY
 THE COMMISSIONER AND MUST DEMONSTRATE THE FOLLOWING TO THE  SATISFACTION
 OF THE COMMISSIONER:
   (A) THE OWNERS AND DIRECTORS OF THE LABORATORY ARE OF GOOD MORAL CHAR-
 ACTER;
   (B)  THE  LABORATORY  AND  ITS  STAFF  HAVE THE SKILLS, RESOURCES, AND
 EXPERTISE NEEDED TO ACCURATELY  AND  CONSISTENTLY  PERFORM  ALL  TESTING
 REQUIRED;
   (C)  THE  LABORATORY HAS IN PLACE AND WILL MAINTAIN ADEQUATE POLICIES,
 PROCEDURES, AND FACILITY SECURITY TO ENSURE PROPER COLLECTION, LABELING,
 ACCESSIONING, PREPARATION, ANALYSIS,  RESULT  REPORTING,  DISPOSAL,  AND
 STORAGE OF MEDICAL MARIHUANA;
   (D) THE LABORATORY IS PHYSICALLY LOCATED IN NEW YORK STATE;
   (E)  THE  LABORATORY HAS A CERTIFICATE OF APPROVAL AS AN ENVIRONMENTAL
 LABORATORY ISSUED BY THE COMMISSIONER UNDER TITLE ONE OF ARTICLE FIVE OF
 THIS CHAPTER; AND
   (F) THE LABORATORY MEETS ALL REQUIREMENTS PRESCRIBED BY  THIS  CHAPTER
 AND THE COMMISSIONER IN REGULATION.
   2. THE OWNER OF AN INDEPENDENT LABORATORY PERMITTED UNDER THIS SECTION
 SHALL NOT HOLD A REGISTRATION AS A REGISTERED ORGANIZATION AND SHALL NOT
 HAVE ANY DIRECT OR INDIRECT OWNERSHIP INTEREST IN SUCH REGISTERED ORGAN-
 IZATION.  NO BOARD MEMBER, MANAGER, OWNER, PARTNER, PRINCIPAL STAKEHOLD-
 ER,  OR  MEMBER OF A REGISTERED ORGANIZATION, OR SUCH PERSON'S IMMEDIATE
 FAMILY, SHALL HAVE AN INTEREST OR VOTING RIGHTS IN ANY INDEPENDENT LABO-
 RATORY PERMITTEE. NO REGISTERED ORGANIZATION SHALL HAVE  ANY  DIRECT  OR
 INDIRECT OWNERSHIP INTEREST IN SUCH LABORATORY.
   3.  AN  INDEPENDENT LABORATORY SHALL NOT BE REQUIRED TO BE LICENSED BY
 THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION.
   § 9. Subdivision 9 of section 3365 of the public health law, as  added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   9.  [The  commissioner  shall register no more than five] A registered
 [organizations] ORGANIZATION  that  [manufacture]  MANUFACTURES  medical
 marihuana  [with]  MAY  HAVE  no more than [four] EIGHT dispensing sites
 wholly owned and operated by [such]  THE  registered  organization.  The
 commissioner  shall  ensure  that  such  [registered  organizations and]
 dispensing sites are geographically distributed across  the  state.  The

 S. 5657                             9
 
 commission  [may]  SHALL  register  additional  registered organizations
 REFLECTING THE DEMOGRAPHICS OF THE STATE.
   §  10.  Subdivision  1  of section 3365-a of the public health law, as
 added by chapter 416 of the laws of 2015, is amended to read as follows:
   1. There is hereby established in the department an emergency  medical
 marihuana  access program (referred to in this section as the "program")
 under this section. The purpose of the program is to expedite the avail-
 ability of medical marihuana to avoid suffering and loss of life, during
 the period before full  implementation  of  and  production  under  this
 title,  especially  in the case of patients whose [serious] condition is
 progressive and degenerative or is such  that  delay  in  the  patient's
 medical  use  of marihuana poses a serious risk to the patient's life or
 health. The commissioner shall implement the program as expeditiously as
 practicable, including by emergency regulation.
   § 11. Subdivision 1 of section 3369 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   1. Certified patients,  designated  caregivers,  DESIGNATED  CAREGIVER
 FACILITIES,  DESIGNATED  CAREGIVER FACILITY EMPLOYEES, MEDICAL MARIHUANA
 RESEARCH PROGRAM EMPLOYEES, practitioners, registered organizations  and
 the  employees  of  registered  organizations  shall  not  be subject to
 arrest, prosecution, or penalty in any manner, or denied  any  right  or
 privilege,  including  but  not limited to civil penalty or disciplinary
 action by a business or occupational or professional licensing board  or
 bureau,  solely for the certified medical use or manufacture of marihua-
 na, or for any other action or conduct in accordance with this title.
   § 12. Section 3369-d of the public health law, as added by chapter  90
 of the laws of 2014, is amended to read as follows:
   § 3369-d. Pricing. [1. Every sale of medical marihuana shall be at the
 price  determined by the commissioner. Every charge made or demanded for
 medical marihuana not in accordance with the  price  determined  by  the
 commissioner, is prohibited.
   2.  The commissioner is hereby authorized to set the per dose price of
 each form of medical marihuana sold by any registered  organization.  In
 setting  the  per  dose  price  of  each  form of medical marihuana, the
 commissioner shall consider the fixed and variable  costs  of  producing
 the  form  of marihuana and any other factor the commissioner, in his or
 her discretion, deems relevant to determining the per dose price of each
 form  of  medical  marihuana.]  REGISTERED  ORGANIZATIONS  SHALL  SUBMIT
 DOCUMENTATION  OF ANY PRICE AND CHANGE IN PRICE PER DOSE FOR ANY MEDICAL
 MARIHUANA PRODUCT TO THE COMMISSIONER WITHIN FIFTEEN DAYS OF SETTING  OR
 CHANGING  THE  PRICE.  PRIOR  APPROVAL  BY THE COMMISSIONER SHALL NOT BE
 REQUIRED FOR ANY PRICE OR CHANGE OF PRICE. HOWEVER, THE COMMISSIONER  IS
 AUTHORIZED  TO MODIFY THE PRICE PER DOSE FOR ANY MEDICAL MARIHUANA PROD-
 UCT IF NECESSARY TO MAINTAIN PUBLIC ACCESS TO APPROPRIATE MEDICATION.
   § 13. This act shall take effect immediately; provided, however,  that
 the  amendments to title 5-A of article 33 of the public health law made
 by sections one, two, three, four, five, six, seven, eight,  nine,  ten,
 eleven  and twelve of this act shall not affect the repeal of such title
 and shall be deemed repealed therewith. Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the   implementation of this act on its effective date are authorized to
 be made and completed on or before such effective date.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5657--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 10, 2019
                                ___________
 
 Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in relation to medical marihuana

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1, 5, 7 and 12 of section 3360 of  the  public
 health  law,  subdivisions  1, 5, 7 and 12 as added by chapter 90 of the
 laws of 2014, paragraph (a) of subdivision 7 as amended by  chapter  273
 of the laws of 2018, are amended and three new subdivisions 5-a, 5-b and
 19 are added to read as follows:
   1. "Certified medical use" means the acquisition, possession, use, or,
 transportation  of  medical  marihuana  by  a  certified patient, or the
 acquisition, possession, delivery, transportation or  administration  of
 medical  marihuana  by  a  designated  caregiver, for use as part of the
 treatment of the patient's  [serious]  condition,  as  authorized  in  a
 certification  under this title including enabling the patient to toler-
 ate treatment for the [serious] condition. [A certified medical use does
 not include smoking.]
   5. "Designated caregiver" means the individual OR  CAREGIVER  FACILITY
 designated by a certified patient in a registry application. A certified
 patient  may  designate  up to two designated caregivers, NOT COUNTING A
 DESIGNATED CAREGIVER FACILITY OR DESIGNATED CAREGIVER FACILITY EMPLOYEE.
   5-A. "DESIGNATED CAREGIVER FACILITY" MEANS AN  ENTITY  THAT  REGISTERS
 WITH  THE COMMISSIONER TO ASSIST ONE OR MORE CERTIFIED PATIENTS WITH THE
 ACQUISITION, POSSESSION, DELIVERY, TRANSPORTATION OR  ADMINISTRATION  OF
 MEDICAL  MARIHUANA AND IS: A GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE
 FACILITY OPERATING UNDER ARTICLE TWENTY-EIGHT OF THIS CHAPTER; AN  ADULT
 CARE  FACILITY  OPERATING UNDER TITLE TWO OF ARTICLE SEVEN OF THE SOCIAL
 SERVICES LAW; A COMMUNITY  MENTAL  HEALTH  RESIDENCE  ESTABLISHED  UNDER
 SECTION  41.44  OF  THE  MENTAL  HYGIENE LAW; A HOSPITAL OPERATING UNDER
 SECTION 7.17 OF THE MENTAL HYGIENE LAW; A MENTAL HYGIENE FACILITY  OPER-
 ATING  UNDER  ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW; AN INPATIENT
              

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11129-05-9

 S. 5657--A                          2

 OR RESIDENTIAL TREATMENT PROGRAM CERTIFIED UNDER ARTICLE  THIRTY-TWO  OF
 THE  MENTAL  HYGIENE LAW; A RESIDENTIAL FACILITY FOR THE CARE AND TREAT-
 MENT OF PERSONS WITH DEVELOPMENTAL DISABILITIES OPERATING UNDER  ARTICLE
 SIXTEEN  OF THE MENTAL HYGIENE LAW; A RESIDENTIAL TREATMENT FACILITY FOR
 CHILDREN AND YOUTH OPERATING UNDER  ARTICLE  THIRTY-ONE  OF  THE  MENTAL
 HYGIENE  LAW;  A  PUBLIC  SCHOOL  OR  PRIVATE SCHOOL OPERATING UNDER THE
 EDUCATION LAW; A RESEARCH INSTITUTION WITH AN INTERNAL REVIEW  BOARD;  A
 MEDICAL  MARIHUANA  RESEARCH PROGRAM LICENSED UNDER SECTION THIRTY-THREE
 HUNDRED SIXTY-FOUR-A OF THIS TITLE; OR ANY OTHER FACILITY AS  DETERMINED
 BY THE COMMISSIONER IN REGULATION.
   5-B.  "DESIGNATED  CAREGIVER FACILITY EMPLOYEE" MEANS AN EMPLOYEE OF A
 DESIGNATED CAREGIVER FACILITY.
   7. (a) ["Serious condition"] "CONDITION" means:
   (i) having one of the following [severe debilitating or life-threaten-
 ing] conditions: cancer,  positive  status  for  human  immunodeficiency
 virus or acquired immune deficiency syndrome, amyotrophic lateral scler-
 osis,  Parkinson's  disease,  multiple  sclerosis, damage to the nervous
 tissue of the spinal cord  with  objective  neurological  indication  of
 intractable  spasticity,  epilepsy, inflammatory bowel disease, neuropa-
 thies, Huntington's disease, post-traumatic stress disorder,  pain  that
 degrades health and functional capability where the use of medical mari-
 huana   is  an  alternative  to  opioid  use,  substance  use  disorder,
 ALZHEIMER'S, MUSCULAR DYSTROPHY, DYSTONIA, RHEUMATOID ARTHRITIS, AUTISM,
 or [as added by the commissioner; and
   (ii) any of the following conditions where it is clinically associated
 with, or a complication of, a condition  under  this  paragraph  or  its
 treatment:  cachexia or wasting syndrome; severe or chronic pain; severe
 nausea; seizures; severe or persistent muscle spasms; or such conditions
 as are added by the commissioner.
   (b) No later than eighteen months from  the  effective  date  of  this
 section,  the  commissioner shall determine whether to add the following
 serious conditions: Alzheimer's,  muscular  dystrophy,  dystonia,  post-
 traumatic  stress disorder and rheumatoid arthritis] ANY OTHER CONDITION
 CERTIFIED BY THE PRACTITIONER.
   12. "Practitioner" means  a  practitioner  who  (i)  [is  a  physician
 licensed  by New York state and practicing within the state,] IS AUTHOR-
 IZED TO PRESCRIBE CONTROLLED SUBSTANCES WITHIN THE STATE; (ii) [who]  by
 training  or  experience  is qualified to treat a [serious] condition as
 defined in subdivision seven of this section; and (iii) [has completed a
 two to four hour course as determined by the commissioner in  regulation
 and  registered  with  the  department; provided however, a registration
 shall not be denied without cause. Such course may  count  toward  board
 certification  requirements.  The commissioner shall consider the inclu-
 sion of nurse practitioners under this title based  upon  considerations
 including  access and availability. After such consideration the commis-
 sioner is authorized to deem nurse practitioners as practitioners  under
 this  title] COMPLETES, AT A MINIMUM, A TWO HOUR COURSE AS DETERMINED BY
 THE COMMISSIONER. A PERSON'S STATUS AS A PRACTITIONER UNDER  THIS  TITLE
 IS DEEMED TO BE A "LICENSE" FOR PURPOSES OF SECTION THIRTY-THREE HUNDRED
 NINETY OF THIS ARTICLE.
   19.  "MEDICAL  MARIHUANA  RESEARCH  PROGRAM" MEANS A MEDICAL MARIHUANA
 RESEARCH   PROGRAM   LICENSED   UNDER   SECTION   THIRTY-THREE   HUNDRED
 SIXTY-FOUR-A OF THIS TITLE.
   §  2.  Subdivisions  1,  2, and 9 of section 3361 of the public health
 law, subdivisions 1 and 2 as added by chapter 90 of the laws of 2014 and

 S. 5657--A                          3
 
 subdivision 9 as added by chapter 416 of the laws of 2015,  are  amended
 to read as follows:
   1.  A  patient certification may only be issued if: (a) a practitioner
 has been registered with the department  to  issue  a  certification  as
 determined  by  the commissioner; (b) the patient has a [serious] condi-
 tion, which shall be specified in the patient's health care record;  (c)
 the  practitioner  by  training  or experience is qualified to treat the
 [serious] condition; (d) the patient is under the practitioner's contin-
 uing care for the [serious] condition; and  (e)  in  the  practitioner's
 professional opinion and review of past treatments, the patient is like-
 ly  to  receive  therapeutic  or  palliative benefit from the primary or
 adjunctive treatment with medical use of  marihuana  for  the  [serious]
 condition.
   2.  The  certification  shall  include (a) the name, date of birth and
 address of the patient; (b) a statement that the patient has a [serious]
 condition and the patient is  under  the  practitioner's  care  for  the
 [serious]  condition; (c) a statement attesting that all requirements of
 subdivision one of this section have been satisfied; (d) the  date;  and
 (e)  the  name,  address, federal registration number, telephone number,
 and the  handwritten  signature  of  the  certifying  practitioner.  The
 commissioner  may  require by regulation that the certification shall be
 on a form provided by the department. The practitioner may state in  the
 certification  that,  in  the  practitioner's  professional opinion, the
 patient would benefit from medical  marihuana  only  until  a  specified
 date. The practitioner may state in the certification that, in the prac-
 titioner's  professional opinion, the patient is terminally ill and that
 the certification shall not expire until the patient dies.
   9.(a) A certification may be a special certification if,  in  addition
 to  the  other requirements for a certification, the practitioner certi-
 fies in the certification that  the  patient's  [serious]  condition  is
 progressive  and  degenerative  or that delay in the patient's certified
 medical use of marihuana poses a serious risk to the patient's  life  or
 health.
   (b)  The  department  shall  create  the form to be used for a special
 certification and shall make that form available to be  downloaded  from
 the department's website.
   § 3. Subdivisions 1 and 2 of section 3362 of the public health law, as
 added  by chapter 90 of the laws of 2014, are amended and a new subdivi-
 sion 3 is added to read as follows:
   1. The possession, acquisition, use, delivery,  transfer,  transporta-
 tion,  or  administration of medical marihuana by a certified patient or
 designated caregiver possessing a valid  registry  identification  card,
 for  certified  medical  use, shall be lawful under this title; provided
 that:
   (a) the marihuana that may be possessed by a certified  patient  shall
 not  exceed  a  [thirty] SIXTY day supply of the dosage as determined by
 the practitioner, consistent with any guidance and regulations issued by
 the commissioner, provided that during the last seven days of any [thir-
 ty] SIXTY day period, the certified patient may also possess up to  such
 amount for the next [thirty] SIXTY day period;
   (b)  the marihuana that may be possessed by designated caregivers does
 not exceed the quantities referred to in paragraph (a) of this  subdivi-
 sion for each certified patient for whom the caregiver possesses a valid
 registry identification card, up to five certified patients;
   (c) THE MARIHUANA THAT MAY BE POSSESSED BY DESIGNATED CAREGIVER FACIL-
 ITIES  DOES  NOT  EXCEED  THE QUANTITIES REFERRED TO IN PARAGRAPH (A) OF

 S. 5657--A                          4
 
 THIS SUBDIVISION FOR EACH CERTIFIED PATIENT UNDER CARE OR  TREATMENT  OF
 THE FACILITY;
   (D)  the  form  or forms of medical marihuana that may be possessed by
 the certified patient [or], designated caregiver, OR DESIGNATED CAREGIV-
 ER FACILITY pursuant to a certification shall be in compliance with  any
 recommendation or limitation by the practitioner as to the form or forms
 of  medical marihuana or dosage for the certified patient in the certif-
 ication; and
   [(d)] (E) the medical marihuana shall be kept in the original  package
 in  which  it  was dispensed under subdivision twelve of section thirty-
 three hundred sixty-four of this title, except for the  portion  removed
 for  immediate  consumption  for  certified medical use by the certified
 patient.
   2. Notwithstanding subdivision one of this section:
   (a) possession of medical marihuana shall not  be  lawful  under  this
 title  if it is smoked, consumed, vaporized, or grown in a public place,
 regardless of the form of medical  marihuana  stated  in  the  patient's
 certification.
   (b)  a  [person]  CERTIFIED PATIENT OR DESIGNATED CAREGIVER possessing
 medical marihuana under this title shall possess  his  or  her  registry
 identification card at all times when in immediate possession of medical
 marihuana.
   (C) MEDICAL MARIHUANA MAY NOT BE SMOKED IN ANY PLACE WHERE TOBACCO MAY
 NOT  BE  SMOKED  UNDER ARTICLE THIRTEEN-E OF THIS CHAPTER, REGARDLESS OF
 THE FORM OF MEDICAL MARIHUANA STATED IN THE PATIENT'S CERTIFICATION.
   3. THE POSSESSION, ACQUISITION, DELIVERY, TRANSFER, TRANSPORTATION, OR
 ADMINISTRATION OF MEDICAL MARIHUANA BY A DESIGNATED  CAREGIVER  FACILITY
 OR  DESIGNATED  CAREGIVER  FACILITY  EMPLOYEE SHALL BE LAWFUL UNDER THIS
 TITLE PROVIDED THAT:
   (A) THE DESIGNATED CAREGIVER FACILITY REGISTERS WITH THE DEPARTMENT ON
 A FORM PROVIDED BY THE COMMISSIONER;
   (B) SUCH POSSESSION, ACQUISITION, DELIVERY, TRANSFER,  TRANSPORTATION,
 OR  ADMINISTRATION  IS  ON  BEHALF  OF  A CERTIFIED PATIENT POSSESSING A
 REGISTRY IDENTIFICATION CARD;
   (C) THE DESIGNATED CAREGIVER FACILITY MAINTAINS A COPY OF THE REGISTRY
 IDENTIFICATION CARD OF EACH CERTIFIED PATIENT FOR  WHICH  IT  POSSESSES,
 ACQUIRES,  DELIVERS, TRANSFERS, TRANSPORTS, OR ADMINISTERS MEDICAL MARI-
 HUANA; AND
   (D) A DESIGNATED CAREGIVER FACILITY EMPLOYEE SHALL BE IDENTIFIED AS AN
 EMPLOYEE WHEN NECESSARY, AS PROVIDED BY THE COMMISSIONER.
   § 4. Subdivisions 2, 3, 5, and 11 of section 3363 of the public health
 law, as added by chapter 90 of the laws of 2014, are amended to read  as
 follows:
   2.  To obtain, amend or renew a registry identification card, a certi-
 fied patient or designated caregiver shall file a  registry  application
 with  the  department.  The  registry application or renewal application
 shall include:
   (a) in the case of a certified patient:
   (i) the patient's certification (a new written certification shall  be
 provided with a renewal application);
   (ii) the name, address, and date of birth of the patient;
   (iii) the date of the certification;
   (iv)  if  the  patient  has  a registry identification card based on a
 current valid certification,  the  registry  identification  number  and
 expiration date of that registry identification card;

 S. 5657--A                          5
 
   (v)  the  specified  date  until  which the patient would benefit from
 medical marihuana, if the certification states such a date;
   (vi)  the  name,  address,  federal registration number, and telephone
 number of the certifying practitioner;
   (vii) any recommendation or limitation by the practitioner as  to  the
 form  or forms of medical marihuana or dosage for the certified patient;
 and
   (viii)  other  individual  identifying  information  required  by  the
 department;
   (b)  (I) in the case of a certified patient, if the patient designates
 a designated caregiver, the name, address, and  date  of  birth  of  the
 designated  caregiver,  and  other  individual  identifying  information
 required by the department;
   (II) IF THE DESIGNATED  CAREGIVER  IS  A  MEDICAL  MARIHUANA  RESEARCH
 PROGRAM,  THE  NAME  OF  THE  ORGANIZATION  CONDUCTING THE RESEARCH; THE
 ADDRESS, PHONE NUMBER, AND NAME OF THE INDIVIDUAL LEADING  THE  RESEARCH
 OR  APPROPRIATE  DESIGNEE; AND OTHER IDENTIFYING INFORMATION REQUIRED BY
 THE DEPARTMENT;
   (c) in the case of a designated caregiver:
   (i) the name, address, and date of birth of the designated caregiver;
   (ii) if the designated caregiver has a registry  identification  card,
 the  registry identification number and expiration date of that registry
 identification card; and
   (iii) other individual identifying information required by the depart-
 ment;
   (d) a statement that a false statement  made  in  the  application  is
 punishable under section 210.45 of the penal law;
   (e)  the  date  of  the application and the signature of the certified
 patient or designated caregiver, as the case may be; AND
   (f) [a fifty dollar application fee, provided, that the department may
 waive or reduce the fee in cases of financial hardship; and
   (g)] any other requirements determined by the commissioner.
   3. Where a certified patient is under the age of eighteen:
   (a) The application for a registry identification card shall  be  made
 by  an  appropriate person over twenty-one years of age. The application
 shall state facts demonstrating that the person is appropriate.
   (b) The designated caregiver shall be (i) a parent or  legal  guardian
 of  the certified patient, (ii) a person designated by a parent or legal
 guardian, [or] (iii) IN THE CASE OF SUCH A CERTIFIED PATIENT BEING CARED
 FOR BY A DESIGNATED CAREGIVER FACILITY, THE DESIGNATED CAREGIVER FACILI-
 TY DESIGNATED BY THE PARENT OR LEGAL GUARDIAN; OR  (IV)  an  appropriate
 person  approved  by  the  department  upon a sufficient showing that no
 parent or legal guardian is appropriate or available.
   5. No person may be a designated caregiver for more than  five  certi-
 fied  patients  at one time; PROVIDED HOWEVER THAT THIS LIMITATION SHALL
 NOT APPLY TO A DESIGNATED CAREGIVER  FACILITY  OR  DESIGNATED  CAREGIVER
 FACILITY EMPLOYEE.
   11.  A certified patient or designated caregiver who has been issued a
 registry identification card shall notify the department of  any  change
 in  his or her name or address or, with respect to the patient, if he or
 she ceases to have the [serious] condition noted  on  the  certification
 within  ten  days  of such change. The certified patient's or designated
 caregiver's registry identification card shall  be  deemed  invalid  and
 shall be returned promptly to the department.

 S. 5657--A                          6
 
   § 5. Subdivisions 3 and 5 of section 3364 of the public health law, as
 added  by chapter 90 of the laws of 2014, are amended and a new subdivi-
 sion 14 is added to read as follows:
   3.  Each  registered  organization  shall contract with an independent
 laboratory PERMITTED UNDER SECTION THIRTY-THREE HUNDRED SIXTY-FOUR-C  OF
 THIS  TITLE  to  test  the  medical marihuana produced by the registered
 organization. The commissioner shall approve the laboratory and  require
 that the laboratory report testing results in a manner determined by the
 commissioner. The commissioner is authorized to issue regulation requir-
 ing the laboratory to perform certain tests and services.
   5.  (a)  No  registered  organization may sell, deliver, distribute or
 dispense to any certified patient or designated caregiver a quantity  of
 medical  marihuana  larger  than  that  individual  would  be allowed to
 possess under this title.
   (b) When dispensing medical marihuana to a certified patient or desig-
 nated caregiver, the registered organization (i) shall not  dispense  an
 amount  greater  than a [thirty] SIXTY day supply to a certified patient
 until the certified patient has exhausted all but  a  seven  day  supply
 provided  pursuant  to a previously issued certification, and (ii) shall
 verify the information in subparagraph (i) of this paragraph by consult-
 ing the prescription monitoring program registry under  section  thirty-
 three hundred forty-three-a of this article.
   (c)  Medical  marihuana dispensed to a certified patient or designated
 caregiver by a registered organization shall conform to any  recommenda-
 tion  or  limitation  by  the  practitioner  as  to the form or forms of
 medical marihuana or dosage for the certified patient.
   14. A REGISTERED ORGANIZATION MAY CONTRACT WITH A PERSON OR ENTITY  TO
 PROVIDE  FACILITIES,  EQUIPMENT  OR  SERVICES  THAT ARE ANCILLARY TO THE
 REGISTERED ORGANIZATION'S FUNCTIONS OR  ACTIVITIES  UNDER  THIS  SECTION
 (INCLUDING,  BUT  NOT  LIMITED  TO, SHIPPING, MAINTENANCE, CONSTRUCTION,
 REPAIR, AND SECURITY),  BUT  NOT  INCLUDING  ANY  FUNCTION  OR  ACTIVITY
 DIRECTLY  INVOLVING THE PLANTING, GROWING, TENDING, HARVESTING, PROCESS-
 ING, OR PACKAGING OF PLANTS; OR ANY OTHER  FUNCTION  DIRECTLY  INVOLVING
 MANUFACTURING  OR  RETAILING  OF  MEDICAL  MARIHUANA. ALL LAWS AND REGU-
 LATIONS APPLICABLE TO SUCH  FACILITIES,  EQUIPMENT,  OR  SERVICES  SHALL
 APPLY  TO THE CONTRACT. THE REGISTERED ORGANIZATION AND OTHER PARTIES TO
 THE CONTRACT SHALL EACH BE RESPONSIBLE FOR COMPLIANCE WITH SUCH LAWS AND
 REGULATIONS UNDER THE CONTRACT. THE COMMISSIONER  MAY  MAKE  REGULATIONS
 CONSISTENT  WITH  THIS  TITLE  RELATING  TO  CONTRACTS  AND  PARTIES  TO
 CONTRACTS UNDER THIS SUBDIVISION.
   § 6. The public health law is amended by adding a new  section  3364-a
 to read as follows:
   §  3364-A.  MEDICAL  MARIHUANA RESEARCH LICENSES.  1. THE COMMISSIONER
 SHALL ESTABLISH A MEDICAL MARIHUANA  RESEARCH  LICENSE  THAT  PERMITS  A
 LICENSEE  TO  PRODUCE,  PROCESS,  PURCHASE,  POSSESS, TRANSFER, AND SELL
 MARIHUANA, SUBJECT TO THIS SECTION, FOR THE FOLLOWING  LIMITED  RESEARCH
 PURPOSES:
   (A) TO TEST CHEMICAL POTENCY AND COMPOSITION LEVELS;
   (B) TO CONDUCT CLINICAL INVESTIGATIONS OF MARIHUANA-DERIVED PRODUCTS;
   (C)  TO  CONDUCT  RESEARCH ON THE EFFICACY AND SAFETY OF ADMINISTERING
 MARIHUANA AS PART OF MEDICAL TREATMENT; OR
   (D) TO CONDUCT GENOMIC OR AGRICULTURAL RESEARCH  RELATING  TO  MEDICAL
 MARIHUANA.
   2. AS PART OF THE APPLICATION PROCESS FOR A MEDICAL MARIHUANA RESEARCH
 LICENSE,  AN  APPLICANT MUST SUBMIT TO THE COMMISSIONER A DESCRIPTION OF
 THE RESEARCH THAT IS INTENDED TO BE CONDUCTED AS WELL AS THE  AMOUNT  OF

 S. 5657--A                          7
 
 MARIHUANA  TO  BE  GROWN  OR PURCHASED. THE COMMISSIONER SHALL REVIEW AN
 APPLICANT'S RESEARCH PROJECT AND DETERMINE WHETHER IT MEETS THE REQUIRE-
 MENTS OF SUBDIVISION ONE OF THIS SECTION. IN ADDITION, THE  COMMISSIONER
 SHALL ASSESS THE APPLICATION BASED ON THE FOLLOWING CRITERIA:
   (A) PROJECT QUALITY, STUDY DESIGN, VALUE, AND IMPACT;
   (B)  WHETHER  THE  APPLICANT HAS THE APPROPRIATE PERSONNEL, EXPERTISE,
 FACILITIES AND INFRASTRUCTURE,  FUNDING,  AND  (TO  THE  EXTENT  LEGALLY
 AVAILABLE)  APPROVALS  RELATING TO HUMAN OR ANIMAL RESEARCH, IN PLACE TO
 SUCCESSFULLY CONDUCT THE PROJECT; AND
   (C) WHETHER THE AMOUNT OF MARIHUANA TO BE GROWN OR  PURCHASED  BY  THE
 APPLICANT IS CONSISTENT WITH THE PROJECT'S SCOPE AND GOALS.
   3.  IF THE COMMISSIONER DETERMINES THAT THE RESEARCH PROJECT MEETS THE
 REQUIREMENTS OF SUBDIVISION ONE OF THIS SECTION,  THE  COMMISSIONER  MAY
 APPROVE THE APPLICATION. IF NOT, THE APPLICATION SHALL BE DENIED.
   4.  A  MEDICAL  MARIHUANA  RESEARCH LICENSEE MAY ONLY SELL OR TRANSFER
 MARIHUANA GROWN OR PRODUCED WITHIN ITS OPERATION TO OTHER MEDICAL  MARI-
 HUANA  RESEARCH  LICENSEES,  OR OTHERWISE FOR PURPOSES OF THE LICENSEE'S
 RESEARCH.
   5. IN ESTABLISHING A MEDICAL MARIHUANA RESEARCH LICENSE,  THE  COMMIS-
 SIONER MAY MAKE REGULATIONS ON THE FOLLOWING:
   (A) APPLICATION REQUIREMENTS;
   (B)   LICENSE   RENEWAL  REQUIREMENTS,  INCLUDING  WHETHER  ADDITIONAL
 RESEARCH PROJECTS MAY BE ADDED OR CONSIDERED;
   (C) CONDITIONS FOR LICENSE REVOCATION;
   (D) SECURITY MEASURES TO ENSURE MARIHUANA IS NOT DIVERTED TO  PURPOSES
 OTHER THAN RESEARCH;
   (E)  AMOUNT  OF  PLANTS, USEABLE MARIHUANA, MARIHUANA CONCENTRATES, OR
 MARIHUANA-INFUSED PRODUCTS A LICENSEE MAY HAVE ON ITS PREMISES;
   (F) LICENSEE REPORTING REQUIREMENTS;
   (G) CONDITIONS UNDER WHICH MARIHUANA GROWN BY LICENSED  MEDICAL  MARI-
 HUANA  PRODUCERS AND OTHER PRODUCT TYPES FROM LICENSED MEDICAL MARIHUANA
 PROCESSORS MAY BE DONATED TO MEDICAL MARIHUANA RESEARCH LICENSEES; AND
   (H) ANY ADDITIONAL REQUIREMENTS DEEMED NECESSARY BY THE COMMISSIONER.
   6. A MARIHUANA RESEARCH LICENSE ISSUED UNDER  THIS  SECTION  SHALL  BE
 ISSUED  IN THE NAME OF THE APPLICANT OR APPLICANTS, SPECIFY THE LOCATION
 AT WHICH THE MARIHUANA RESEARCHER INTENDS TO  OPERATE,  WHICH  SHALL  BE
 WITHIN  THE  STATE,  AND  SHALL  NOT  ALLOW  ANY OTHER PERSON TO USE THE
 LICENSE EXCEPT AS UNDER SUBDIVISION FOUR OF THIS SECTION.
   7. PARTICIPATION  BY  CERTIFIED  PATIENTS  IN  ANY  MEDICAL  MARIHUANA
 RESEARCH PROGRAM SHALL BE VOLUNTARY.
   8.  THE APPLICATION FEE FOR A MEDICAL MARIHUANA RESEARCH LICENSE SHALL
 BE DETERMINED BY THE COMMISSIONER ON AN ANNUAL BASIS.
   9. EACH MEDICAL MARIHUANA RESEARCH  LICENSEE  SHALL  ISSUE  AN  ANNUAL
 REPORT  TO  THE  COMMISSIONER. THE COMMISSIONER SHALL REVIEW SUCH REPORT
 AND MAKE A DETERMINATION AS TO WHETHER THE RESEARCH PROJECT CONTINUES TO
 MEET THE RESEARCH QUALIFICATIONS UNDER THIS SECTION.
   § 7. The public health law is amended by adding a new  section  3364-b
 to read as follows:
   §  3364-B.  REGISTRATION  OF  DESIGNATED CAREGIVER FACILITIES.   1. TO
 OBTAIN, AMEND OR RENEW A REGISTRATION AS A DESIGNATED CAREGIVER  FACILI-
 TY,  THE  FACILITY  SHALL FILE AN APPLICATION WITH THE COMMISSIONER. THE
 APPLICATION SHALL INCLUDE:
   (A) THE FACILITY'S FULL NAME AND ADDRESS;
   (B) OPERATING CERTIFICATE OR LICENSE NUMBER WHERE APPROPRIATE;
   (C) NAME, TITLE, AND SIGNATURE OF  AN  AUTHORIZED  FACILITY  REPRESEN-
 TATIVE;

 S. 5657--A                          8
 
   (D)  A  STATEMENT THAT THE FACILITY AGREES TO SECURE AND ENSURE PROPER
 HANDLING OF ALL MEDICAL MARIHUANA PRODUCTS;
   (E)  AN  ACKNOWLEDGEMENT  THAT A FALSE STATEMENT IN THE APPLICATION IS
 PUNISHABLE UNDER SECTION 210.45 OF THE PENAL LAW; AND
   (F) ANY OTHER INFORMATION THAT MAY BE REQUIRED BY THE COMMISSIONER.
   2. PRIOR TO ISSUING OR RENEWING A DESIGNATED CAREGIVER FACILITY REGIS-
 TRATION, THE COMMISSIONER MAY VERIFY THE INFORMATION  SUBMITTED  BY  THE
 APPLICANT.   THE APPLICANT SHALL PROVIDE, AT THE COMMISSIONER'S REQUEST,
 SUCH INFORMATION AND DOCUMENTATION, INCLUDING ANY CONSENTS  OR  AUTHORI-
 ZATIONS, THAT MAY BE NECESSARY FOR THE COMMISSIONER TO VERIFY THE INFOR-
 MATION.
   3.  THE APPLICATION SHALL BE APPROVED, DENIED OR DETERMINED INCOMPLETE
 OR INACCURATE BY THE COMMISSIONER WITHIN THIRTY DAYS OF RECEIPT  OF  THE
 APPLICATION.  IF  THE  APPLICATION  IS  APPROVED, THE COMMISSIONER SHALL
 ISSUE A REGISTRATION AS SOON AS IS REASONABLY PRACTICABLE.
   4. REGISTRATIONS UNDER THIS SECTION SHALL REMAIN VALID FOR  TWO  YEARS
 FROM THE DATE OF ISSUANCE.
   §  8.  The public health law is amended by adding a new section 3364-c
 to read as follows:
   § 3364-C. LABORATORY PERMITS.  1. THE COMMISSIONER SHALL  APPROVE  AND
 PERMIT  ONE  OR MORE INDEPENDENT LABORATORIES TO TEST MEDICAL MARIHUANA.
 TO BE PERMITTED AS AN INDEPENDENT LABORATORY UNDER THIS SECTION, A LABO-
 RATORY MUST APPLY TO THE DEPARTMENT IN A FORM AND MANNER  PRESCRIBED  BY
 THE  COMMISSIONER AND MUST DEMONSTRATE THE FOLLOWING TO THE SATISFACTION
 OF THE COMMISSIONER:
   (A) THE OWNERS AND DIRECTORS OF THE LABORATORY ARE OF GOOD MORAL CHAR-
 ACTER;
   (B) THE LABORATORY AND ITS  STAFF  HAVE  THE  SKILLS,  RESOURCES,  AND
 EXPERTISE  NEEDED  TO  ACCURATELY  AND  CONSISTENTLY PERFORM ALL TESTING
 REQUIRED;
   (C) THE LABORATORY HAS IN PLACE AND WILL MAINTAIN  ADEQUATE  POLICIES,
 PROCEDURES, AND FACILITY SECURITY TO ENSURE PROPER COLLECTION, LABELING,
 ACCESSIONING,  PREPARATION,  ANALYSIS,  RESULT  REPORTING, DISPOSAL, AND
 STORAGE OF MEDICAL MARIHUANA;
   (D) THE LABORATORY IS PHYSICALLY LOCATED IN NEW YORK STATE;
   (E) THE LABORATORY HAS A CERTIFICATE OF APPROVAL AS  AN  ENVIRONMENTAL
 LABORATORY ISSUED BY THE COMMISSIONER UNDER TITLE ONE OF ARTICLE FIVE OF
 THIS CHAPTER; AND
   (F)  THE  LABORATORY MEETS ALL REQUIREMENTS PRESCRIBED BY THIS CHAPTER
 AND THE COMMISSIONER IN REGULATION.
   2. THE OWNER OF AN INDEPENDENT LABORATORY PERMITTED UNDER THIS SECTION
 SHALL NOT HOLD A REGISTRATION AS A REGISTERED ORGANIZATION AND SHALL NOT
 HAVE ANY DIRECT OR INDIRECT OWNERSHIP INTEREST IN SUCH REGISTERED ORGAN-
 IZATION.  NO BOARD MEMBER, MANAGER, OWNER, PARTNER, PRINCIPAL STAKEHOLD-
 ER, OR MEMBER OF A REGISTERED ORGANIZATION, OR SUCH  PERSON'S  IMMEDIATE
 FAMILY, SHALL HAVE AN INTEREST OR VOTING RIGHTS IN ANY INDEPENDENT LABO-
 RATORY  PERMITTEE.  NO  REGISTERED ORGANIZATION SHALL HAVE ANY DIRECT OR
 INDIRECT OWNERSHIP INTEREST IN SUCH LABORATORY.
   3. AN INDEPENDENT LABORATORY SHALL NOT BE REQUIRED TO BE  LICENSED  BY
 THE FEDERAL DRUG ENFORCEMENT ADMINISTRATION.
   §  9. Subdivision 9 of section 3365 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   9. [The commissioner shall register no more than  five]  A  registered
 [organizations]  ORGANIZATION  that  [manufacture]  MANUFACTURES medical
 marihuana [with] MAY HAVE no more than  [four]  EIGHT  dispensing  sites
 wholly  owned  and  operated  by [such] THE registered organization. The

 S. 5657--A                          9
 
 commissioner shall  ensure  that  such  [registered  organizations  and]
 dispensing  sites  are  geographically distributed across the state. The
 commission [may]  SHALL  register  additional  registered  organizations
 REFLECTING THE DEMOGRAPHICS OF THE STATE.
   §  10.  Subdivision  1  of section 3365-a of the public health law, as
 added by chapter 416 of the laws of 2015, is amended to read as follows:
   1. There is hereby established in the department an emergency  medical
 marihuana  access program (referred to in this section as the "program")
 under this section. The purpose of the program is to expedite the avail-
 ability of medical marihuana to avoid suffering and loss of life, during
 the period before full  implementation  of  and  production  under  this
 title,  especially  in the case of patients whose [serious] condition is
 progressive and degenerative or is such  that  delay  in  the  patient's
 medical  use  of marihuana poses a serious risk to the patient's life or
 health. The commissioner shall implement the program as expeditiously as
 practicable, including by emergency regulation.
   § 11. Subdivision 1 of section 3369 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   1. Certified patients,  designated  caregivers,  DESIGNATED  CAREGIVER
 FACILITIES,  DESIGNATED  CAREGIVER FACILITY EMPLOYEES, MEDICAL MARIHUANA
 RESEARCH PROGRAM EMPLOYEES, practitioners, registered organizations  and
 the  employees  of  registered  organizations  shall  not  be subject to
 arrest, prosecution, or penalty in any manner, or denied  any  right  or
 privilege,  including  but  not limited to civil penalty or disciplinary
 action by a business or occupational or professional licensing board  or
 bureau,  solely for the certified medical use or manufacture of marihua-
 na, or for any other action or conduct in accordance with this title.
   § 12. Section 3369-d of the public health law, as added by chapter  90
 of the laws of 2014, is amended to read as follows:
   § 3369-d. Pricing. [1. Every sale of medical marihuana shall be at the
 price  determined by the commissioner. Every charge made or demanded for
 medical marihuana not in accordance with the  price  determined  by  the
 commissioner, is prohibited.
   2.  The commissioner is hereby authorized to set the per dose price of
 each form of medical marihuana sold by any registered  organization.  In
 setting  the  per  dose  price  of  each  form of medical marihuana, the
 commissioner shall consider the fixed and variable  costs  of  producing
 the  form  of marihuana and any other factor the commissioner, in his or
 her discretion, deems relevant to determining the per dose price of each
 form  of  medical  marihuana.]  REGISTERED  ORGANIZATIONS  SHALL  SUBMIT
 DOCUMENTATION  OF ANY PRICE AND CHANGE IN PRICE PER DOSE FOR ANY MEDICAL
 MARIHUANA PRODUCT TO THE COMMISSIONER WITHIN FIFTEEN DAYS OF SETTING  OR
 CHANGING  THE  PRICE.  PRIOR  APPROVAL  BY THE COMMISSIONER SHALL NOT BE
 REQUIRED FOR ANY PRICE OR CHANGE OF PRICE. HOWEVER, THE COMMISSIONER  IS
 AUTHORIZED  TO MODIFY THE PRICE PER DOSE FOR ANY MEDICAL MARIHUANA PROD-
 UCT IF NECESSARY TO MAINTAIN PUBLIC ACCESS TO APPROPRIATE MEDICATION.
   § 13. This act shall take effect immediately; provided, however,  that
 the  amendments to title 5-A of article 33 of the public health law made
 by sections one, two, three, four, five, six, seven, eight,  nine,  ten,
 eleven  and twelve of this act shall not affect the repeal of such title
 and shall be deemed repealed therewith. Effective immediately, the addi-
 tion, amendment and/or repeal of any rule or  regulation  necessary  for
 the   implementation of this act on its effective date are authorized to
 be made and completed on or before such effective date.