S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    127
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M. of A. GOTTFRIED, RICHARDSON, BRONSON, VANEL, DICKENS,
   RA, SEAWRIGHT, HUNTER, LUPARDO, SAYEGH, TAYLOR, DARLING --  read  once
   and referred to the Committee on Health
 
 AN  ACT  to  amend  the  public  health law, in relation to allowing for
   facility caregivers to possess medical marihuana in a  similar  manner
   to that of a designated caregiver
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 12 of section 3360 of the public health law, as
 added by chapter 90 of the laws of 2014, is amended and a  new  subdivi-
 sion 19 is added to read as follows:
   12.  "Practitioner"  means  a  practitioner  who  (i) is [a physician]
 AUTHORIZED BY THIS ARTICLE  TO  PRESCRIBE  A  CONTROLLED  SUBSTANCE,  IS
 licensed  [by  New York state and practicing within the state] OR OTHER-
 WISE AUTHORIZED TO PRACTICE UNDER TITLE EIGHT OF THE EDUCATION LAW,  AND
 IS  ACTING  WITHIN  HIS  OR  HER LAWFUL SCOPE OF PRACTICE, (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.]
   19. "MEDICAL MARIHUANA RESEARCH PROGRAM"  MEANS  A  MEDICAL  MARIHUANA
 RESEARCH PROGRAM UNDER SUBDIVISION THREE OF SECTION THIRTY-THREE HUNDRED
 SIXTY-SEVEN OF THIS TITLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00057-01-1

 A. 127                              2
 
   §  2. Subdivision 5 of section 3360 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended and two  new  subdivisions
 20 and 21 are added to read as follows:
   5.  "Designated  caregiver" means the individual OR FACILITY CAREGIVER
 designated by a certified patient in a registry application. A certified
 patient may designate up to two designated caregivers,  NOT  COUNTING  A
 FACILITY CAREGIVER OR FACILITY CAREGIVER EMPLOYEE.
   20. "FACILITY CAREGIVER" MEANS ANY OF THE FOLLOWING THAT IS CARING FOR
 THE CERTIFIED PATIENT:
   (A)  A  GENERAL HOSPITAL OR RESIDENTIAL HEALTH CARE FACILITY OPERATING
 PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER;
   (B) AN ADULT CARE FACILITY OPERATING PURSUANT TO TITLE TWO OF  ARTICLE
 SEVEN OF THE SOCIAL SERVICES LAW;
   (C)  A  COMMUNITY  MENTAL  HEALTH  RESIDENCE  ESTABLISHED  PURSUANT TO
 SECTION 41.44 OF THE MENTAL HYGIENE LAW;
   (D) A HOSPITAL OPERATING  PURSUANT  TO  SECTION  7.17  OF  THE  MENTAL
 HYGIENE LAW;
   (E) A MENTAL HYGIENE FACILITY OPERATING PURSUANT TO ARTICLE THIRTY-ONE
 OF THE MENTAL HYGIENE LAW;
   (F)  AN  INPATIENT OR RESIDENTIAL TREATMENT PROGRAM CERTIFIED PURSUANT
 TO ARTICLE THIRTY-TWO OF THE MENTAL HYGIENE LAW;
   (G) A RESIDENTIAL FACILITY FOR THE CARE AND TREATMENT OF PERSONS  WITH
 DEVELOPMENTAL  DISABILITIES OPERATING PURSUANT TO ARTICLE SIXTEEN OF THE
 MENTAL HYGIENE LAW;
   (H) A RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND YOUTH  OPERATING
 PURSUANT TO ARTICLE THIRTY-ONE OF THE MENTAL HYGIENE LAW;
   (I) A PRIVATE OR PUBLIC PRIMARY OR SECONDARY SCHOOL CHARTED BY THE NEW
 YORK  STATE  BOARD OF REGENTS PURSUANT TO SECTION TWO HUNDRED SIXTEEN OF
 THE EDUCATION LAW;
   (J) AN ENTITY CONDUCTING  OR  PARTICIPATING  IN  A  MEDICAL  MARIHUANA
 RESEARCH PROGRAM UNDER SUBDIVISION THREE OF SECTION THIRTY-THREE HUNDRED
 SIXTY-SEVEN  OF THIS TITLE, WITH RESPECT TO A CERTIFIED PATIENT ENROLLED
 IN THE PROGRAM;
   (K) ANY OTHER FACILITY DEEMED APPROPRIATE BY THE COMMISSIONER; OR
   (L) A FACILITY CAREGIVER EMPLOYEE.
   21. "FACILITY CAREGIVER EMPLOYEE" MEANS  AN  EMPLOYEE  OF  A  FACILITY
 CAREGIVER  WHO  PERFORMS  THE SERVICES OF A DESIGNATED CAREGIVER FOR THE
 FACILITY CAREGIVER.
   § 3. Subdivision 2 of section 3362 of the public health law, as  added
 by chapter 90 of the laws of 2014, is amended and a new subdivision 3 is
 added to read as follows:
   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.
   3. THE POSSESSION, ACQUISITION, TRANSPORTATION, STORAGE,  OR  ADMINIS-
 TRATION  OF  MEDICAL  MARIHUANA BY A FACILITY CAREGIVER, SHALL BE LAWFUL
 UNDER THIS TITLE; PROVIDED THAT:
   (A) THE FACILITY CAREGIVER FIRST REGISTERS WITH THE DEPARTMENT,  ON  A
 FORM PRESCRIBED BY THE COMMISSIONER;

 A. 127                              3
 
   (B) SUCH POSSESSION, ACQUISITION, TRANSPORTATION, STORAGE, OR ADMINIS-
 TRATION IS ON BEHALF OF A CERTIFIED PATIENT;
   (C)  THE FACILITY CAREGIVER MAINTAINS A COPY OF THE REGISTRY IDENTIFI-
 CATION CARD OF EACH CERTIFIED PATIENT FOR WHICH IT POSSESSES,  ACQUIRES,
 TRANSPORTS, STORES OR ADMINISTERS MEDICAL MARIHUANA; AND
   (D)  A  FACILITY CAREGIVER EMPLOYEE SHALL BE IDENTIFIED AS AN EMPLOYEE
 WHEN NECESSARY, AS PROVIDED BY THE COMMISSIONER.
   § 4. Subdivisions 2, 3 and 5 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;
   (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) in the case of a certified patient, if the  patient  designates  a
 designated caregiver, the name, address, and date of birth of the desig-
 nated  caregiver,  and other individual 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) IN THE CASE OF A FACILITY CAREGIVER, THE FACILITY  SHALL  MAKE  AN
 APPLICATION  UNDER  PARAGRAPH  (C) OF THIS SUBDIVISION FOR THE FACILITY;
 THE COMMISSIONER SHALL APPROPRIATELY MODIFY THE REQUIREMENTS FOR  INFOR-
 MATION  TO  BE  PROVIDED IN THE APPLICATION OF A FACILITY CAREGIVER; AND
 DESIGNATION OF FACILITY CAREGIVER EMPLOYEES SHALL NOT BE REQUIRED;
   (E) a statement that a false statement  made  in  the  application  is
 punishable under section 210.45 of the penal law;
   [(e)]  (F) the date of the application and the signature of the certi-
 fied patient or designated caregiver, as the case may be;
   [(f)] (G) a fifty dollar application fee, provided, that  the  depart-
 ment may waive or reduce the fee in cases of financial hardship; and
   [(g)] (H) any other requirements determined by the commissioner.
   3. Where a certified patient is under the age of eighteen:

 A. 127                              4
 
   (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  FACILITY CAREGIVER, THE FACILITY CAREGIVER DESIGNATED BY THE
 PARENT OR LEGAL GUARDIAN OF THE CERTIFIED PATIENT, OR (IV) an  appropri-
 ate  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 THAT THIS LIMITATION SHALL NOT APPLY
 TO A FACILITY CAREGIVER OR FACILITY CAREGIVER EMPLOYEE.
   §  5. Subdivision 3 of section 3364 of the public health law, as added
 by chapter 90 of the laws of 2014, is amended to read as follows:
   3. Each registered organization shall  contract  with  an  independent
 laboratory  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. SUCH LABORATO-
 RY  SHALL NOT BE REQUIRED TO BE LICENSED BY THE FEDERAL DRUG ENFORCEMENT
 ADMINISTRATION.
   § 6. Section 3364 of the public health law is amended by adding a  new
 subdivision 14 to read as follows:
   14.  A REGISTERED ORGANIZATION MAY CONTRACT WITH A PERSON OR ENTITY TO
 PROVIDE FACILITIES, EQUIPMENT, OR SERVICES THAT ARE  PART  OF  OR  INCI-
 DENTAL  TO  THE  REGISTERED ORGANIZATION'S FUNCTIONS OR ACTIVITIES UNDER
 THIS SECTION. ALL LAWS AND REGULATIONS  APPLICABLE  TO  THE  FACILITIES,
 EQUIPMENT  OR  SERVICES  SHALL  APPLY  TO THE CONTRACTOR. THE REGISTERED
 ORGANIZATION AND OTHER PARTIES TO THE CONTRACT SHALL EACH BE RESPONSIBLE
 AND ACCOUNTABLE FOR COMPLIANCE WITH SUCH LAWS AND REGULATIONS UNDER  THE
 CONTRACT.    CONTRACTING UNDER THIS SUBDIVISION SHALL BE APPROVED BY THE
 COMMISSIONER, UNLESS THE COMMISSIONER PROVIDES OTHERWISE BY  REGULATION.
 THE  COMMISSIONER MAY MAKE REGULATIONS CONSISTENT WITH THIS TITLE RELAT-
 ING TO CONTRACTS AND PARTIES TO CONTRACTS UNDER THIS SUBDIVISION.
   § 7. 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] registered
 organizations that manufacture  medical  marihuana  with  no  more  than
 [four]  EIGHT  dispensing  sites  wholly owned and operated by EACH such
 registered organization. The commissioner shall ensure that such [regis-
 tered organizations and] dispensing sites are geographically distributed
 across the state. [The commission  may  register  additional  registered
 organizations]  EACH  REGISTERED  ORGANIZATION, GIVEN NO DISPENSING SITE
 SHALL BE LOCATED WITHIN ONE THOUSAND FEET OF  ANOTHER  DISPENSING  SITE,
 SHALL BE ALLOWED TO OPERATE:
   (A)  NO MORE THAN TWO DISPENSING SITES IN TOTAL IN THE COUNTIES OF NEW
 YORK, KINGS, QUEENS, BRONX, AND RICHMOND;
   (B) NO MORE THAN TWO DISPENSING SITES IN  TOTAL  IN  THE  COUNTIES  OF
 NASSAU, SUFFOLK, AND WESTCHESTER; AND
   (C)  NO MORE THAN FOUR DISPENSING SITES IN TOTAL IN THE COUNTIES OTHER
 THAN THE COUNTIES OF NEW YORK, KINGS, QUEENS, BRONX,  RICHMOND,  NASSAU,
 SUFFOLK, AND WESTCHESTER.
   §  8. Subdivision 3 of section 3367 of the public health law is renum-
 bered subdivision 4 and a new subdivision 3 is added to read as follows:

 A. 127                              5
 
   3.  THE COMMISSIONER MAY MAKE REGULATIONS AUTHORIZING THE  POSSESSION,
 ACQUISITION, USE, DELIVERY, TRANSFER, TRANSPORTATION, STORAGE, OR ADMIN-
 ISTRATION OF MEDICAL MARIHUANA FOR RESEARCH PURPOSES.
   §  9.  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 and eight of this
 act shall not affect the repeal  of  such  title  and  shall  be  deemed
 repealed  therewith; provided further, however, that sections two, three
 and four of this act shall take effect on the  ninetieth  day  after  it
 shall  have  become a law; and provided further, however, section six of
 this act shall take effect on the one hundred  eightieth  day  after  it
 shall  have become a law. Effective immediately, the addition, 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.