Sponsorship

A.4966 - HOYT, ORTIZ, GREENE, ENGLEBRIGHT, CAHILL, CYMBROWITZ, BRADLEY, CHRISTENSEN, RIVERA N, MCENENY, ESPAILLAT, DESTITO, LENTOL, ALFANO, ALESSI, BENEDETTO, POWELL, NOLAN, GUNTHER, FIELDS, arroyo, barra, benjamin, bing, boyland, boyle, brennan, butler, calhoun, camara, conte, cook, cusick, diaz l, diaz r, dinowitz, eddington, farrell, glick, gordon t, hevesi, jacobs, koon, lifton, lupardo, mayersohn, molinaro, paulin, peoples, pretlow, quinn, ramos, reilly, rivera j, rivera p, scarborough, schimel, seminerio, stirpe, titus, towns, weisenberg, wright, young, / S.2790 - LAVALLE, LARKIN, MORAHAN, PADAVAN, RATH, VOLKER.

Memorandum in Support

BILL NUMBER: A4966

TITLE OF BILL : An act to amend the education law, the limited liability company law and the partnership law, in relation to the practice of naturopathy; and to amend the social services law, in relation to the reporting of child abuse

PURPOSE : The bill relates to the licensing of naturopathic doctors.

SUMMARY OF SPECIFIC PROVISIONS : A new Article 132-A is added to the Education Law to establish naturopathic doctors as licensed professionals in New York State.

JUSTIFICATION : Currently, in New York State there are no regulations for naturopathy. Anyone can call themselves a naturopathic doctor, even if they finished a home study course in as little as six weeks. Licensing will offer the public a way to find qualified naturopaths who perform this important aspect of complementary and integrative medicine. Doctors of naturopathy are trained to prescribe the right supplement and to ensure that dangerous combinations of natural and allopathic products are not taken together. Clinical training of naturopaths stresses understanding the interaction between conventional prescription medications and natural therapies such as herbs and/or vitamin supplements to greater degrees than any other profession.

Naturopaths use standard medical diagnostic techniques and treat disease with natural medicines and therapies including clinical nutrition, botanical medicine, homeopathy, lifestyle counseling, and naturopathic physical medicine. Naturopathic doctors also have the training to prescribe certain medications when they are indicated.

Naturopaths are currently licensed in Alaska, Arizona, California, Connecticut, Hawaii, Idaho, Kansas, Maine, Montana, New Hampshire, Oregon, Utah, Vermont, Washington D.C., Washington State, as well as the territories of Puerto Rico and the Virgin Islands.

To be licensed as a Naturopath and use one of the titles associated with Naturopathy a person needs, among other requirements, to have received a doctoral diploma from a registered school of Naturopathic Medicine and have satisfactorily completed an approved clinical post-graduate residency training of an approved program with five years of clinical supervision of not less than 12 months in duration and pass a national examination.

PRIOR LEGISLATIVE HISTORY : 2005, S.1617/A.5208. 2004, S.6609.

FISCAL IMPLICATIONS : None. All costs associated with the creation of this new profession would be recovered through filing and registration fees.

EFFECTIVE DATE : This act shall take effect on the one hundred eightieth day after it shall have become a law; provided however, that 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 and directed to be made and completed by the commissioner of education and the board of regents on or before such effective date.

Sponsorship

A.4867 - GOTTFRIED, BRADLEY, CAHILL, CLARK, CYMBROWITZ, DINOWITZ, SPANO, O`DONNELL, PAULIN, PEOPLES, LIFTON, KAVANAGH, COOK, alfano, aubry, boyland, brennan, brook-krasny, calhoun, galef, glick, hikind, hoyt, jacobs, jaffee, kellner, kirwan, lafayette, lopez v, lupardo, maisel, markey, mayersohn, mceneny, miller, millman, pheffer powell, pretlow, rivera n, robinson, rosenthal, scarborough, schimel, scozzafava, sweeney, towns, walker, weisenberg, wright, young

Memorandum in Support

BILL NUMBER: A4867B

TITLE OF BILL : An act to amend the public health law and the general business law, in relation to medical use of marihuana; and providing for the repeal of certain provisions upon expiration thereof

PURPOSE OR GENERAL IDEA OF BILL : Allows patient to use marihuana to treat a serious illness under medical supervision.

SUMMARY OF SPECIFIC PROVISIONS : Section 1. Legislative findings and intent

Section 2. Amends Public Health Law Article 33 by adding a new Title V-A, Medical Use of Marihuana.

New S3360 defines certified medical use, certified patient, certification, designated caregiver, public place, serious condition, medical marihuana, registry application, registry identification card, and usable marihuana. A serious condition is defined as a severe debilitating or life-threatening condition or a condition associated with or a complication of such a condition, or its treatment.

New S3361 allows a licensed practitioner (the defined term in the Public Health Law for people who may prescribe controlled substances) to certify that a patient has a life-threatening condition that in the practitioner`s judgment can and should be treated with the medical use of marihuana, and that other drugs or treatments would not be as effective or that the effectiveness of the other drug or treatment requires adjunctive treatment with medical marihuana. A copy of the certification will be placed in the patient`s medical records and the patient will get the original. A prescriber is not allowed to certify medical marijuana for himself or herself. A certification will be valid for a maximum of one year from the date it is written.

New S3362 allows the possession of up to two and one half ounces of marihuana, and up to 12 plants, by a certified patient or designated caregiver, in possession of a valid registry identification card, for medical use. It would allow medical marihuana to be given or disposed of to a certified patient only when nothing of value is exchanged. Use of medical marihuana is not allowed in a public place.

New S3363 directs the department of health to begin issuing provides for registry identification cards issued by the Dept. of Health to certified patients and designated caregivers and details the information to be included on the registry identification card. It allows the department to create a registry application, and directs what information shall be collected as part of the application process. It makes special provisions for certified patients under the age of eighteen and states that no individual shall be a certified caregiver if they are under the age of 21 unless a sufficient showing is made to the department that the person should be allowed to serve as a designated caregiver. States that the department shall issue registry identification cards within thirty days and that upon receipt of an application, the department shall send a letter acknowledging receipt of the application that will serve with the written certification as a valid registry identification card for no more than 30 days.

New S3364 creates registered organizations as a pharmacy; a facility licensed under article 28 of this chapter; a not-for-profit corporation organized for the purpose of acquiring, possessing, manufacturing, selling, delivering, transporting or distributing marihuana for certified medical use; the department; a local health department; or a registered producer, which shall be a person or entity, with appropriate expertise in agriculture, registered for the purpose of manufacturing and selling, delivering or transporting it to another registered organization. Establishes that it is lawful for a registered organization to acquire, possess, manufacture, sell, deliver, transport, or distribute marihuana for the purposes of this title.

New S3365 establishes guidelines for the registering of registered organizations. Notes that applications shall be valid for a period of two years. Allows the department to suspend or terminate and registration on grounds, and using procedures under this article relating to a license, to the extent consistent with this title.

New S3366 requires registered organizations to report to the commissioner all sales, deliveries or distributions of medical marihuana to certified patients or designated caregivers during a particular period.

New S3367 requires the commissioner to apply to the United States government for permission to implement sections 3364, 3365 and 3366 of this title and states that these sections shall not go into effect unless and until there is a receipt of permission from the federal government advising the department that the implementation of these rules will be allowable under federal law; or a change in federal law permits such sections to be implemented without any violation of federal law. Notes that upon implementation of sections 3364, 3365 and 3366, "medical marihuana" may only be manufactured or sold by a registered organization.

New S3368 directs the Health Department to contract with a third party to conduct an evaluation that will include, but not be limited to, an analysis of the practical operation of this act, the clinical value of medical use of marijuana under this act, and the effect (if any) on illegal use of controlled substances.

New S3369.applies other provisions of Article 33 to this title. Where a provision of this title conflicts with another provision of Article 33, this title applies. The bill does not require any public or private health plan to cover medical marihuana. Re-states the rule that reasonable good-faith actions in compliance with this title, absent some other element, would not subject a person or entity to criminal or civil liability or professional discipline.

Section 3 of the bill amends Section 853-g of the General Business Law to allow for the sale, furnishing and possession of materials used in the lawful administration of medical marihuana to a certified ultimate user.

JUSTIFICATION : Thousands of New Yorkers have serious medical conditions that may benefit from medical use of marijuana. The National Academy of Sciences` Institute of Medicine concluded in a 1999 report that "nausea, appetite loss, pain and anxiety. . .all can be mitigated by marijuana." Doctors and patients have documented that marijuana can be an effective treatment - where other medications have failed - for at least some patients who suffer from HIV/AIDS, cancer, epilepsy, multiple sclerosis, and other life-threatening or debilitating conditions. Although other drugs are more effective than marijuana for some patients, the Institute of Medicine noted that "there will likely always be a sub-population of patients who do not respond well to other medications." Medical marihuana must be available to those patients.

The active ingredient in marijuana, THC, has been approved for medical use by the Federal Food and Drug Administration and the Drug Enforcement Agency since 1986 in synthetic pill form. But consuming it in natural form - which many physicians say is more effective - continues to be illegal. In an editorial in the January 30, 1997 New England Journal of Medicine, Dr. Jerome P. Kassirer, editor of the Journal, explained that inhaling THC is more effective than taking the synthetic pill: "smoking marijuana produces a rapid increase in the blood level of the active ingredients and is thus more likely to be therapeutic." It also enables tighter control of the amount ingested. According to the Institute of Medicine, "it is well recognized that (the) oral route of administration hampers its effectiveness because of slow absorption and patients` desire for more control over dosing."

Legalizing the medical use of effective medicine does not undermine the message that non-medical use of illegal drugs is wrong. Robert Shear, who has 32 years experience in alcohol and drug addiction services and was Director of the NYS Division of Alcoholism and Alcohol Abuse for 4 years made this point several times during his testimony at a public hearing on this issue in December 2002, supporting medical marihuana legislation.

Many controlled substances that are legal for medical use (such as morphine, Valium and steroids) are otherwise illegal. In the same New England Journal of Medicine editorial, Dr. Kassirer argued that "it is also hypocritical to forbid physicians to prescribe marijuana while permitting them to use morphine and meperidine to relive extreme dyspnea and pain."

The bill`s provisions are consistent with other state laws relating to the medical use of marihuana, and is most closely related to Rhode Island`s law, which passed after the June, 2005 Supreme Court decision.

The bill amends the Public Health Law rather than the Penal Law because the Penal Law`s controlled substances provisions all relate back to the Public Health Law. Thus, all the acts that the bill makes lawful under the Public Health Law would, by definition, be legal under the Penal Law.

PRIOR LEGISLATIVE HISTORY : 1997-98 : A.6407 - referred to Health 1999-00: A.8082 - referred to Health 2001-02: A.5878 - referred to Health 2003: A.5796 - reported to Rules 2004: A.57960-A - reported to Rules 2005-06: A.8265 - reported to Rules

FISCAL IMPLICATIONS : Minimal administrative expenses, largely covered by registration fees.

EFFECTIVE DATE : Immediately. Regulations and forms to be issued within 180 days. Sunsets December 31 of the fourth year after it becomes law.

Sponsorship

A.4865 - SCHIMMINGER, SCHROEDER, RIVERA J, KOON, DELMONTE, CAHILL, AUBERTINE, boyland, kolb / S.2027 - Not available at this time.

Memorandum in Support

BILL NUMBER: A4865

TITLE OF BILL : An act to amend the economic development law and the public authorities law, in relation to authorizing the job development authority to create and administer the bank export incentive program with the technical assistance of the department of economic development

PURPOSE OF THE BILL : To encourage banking organizations to provide medium term loans at competitive interest rates for relatively small amounts of money borrowed for short periods of time.

SUMMARY OF SPECIFIC PROVISIONS : This legislation permits the Job Development Authority (JDA) to create a program in which monies will be placed with cooperating banking organizations. Such corporations will be permitted to invest these monies on the condition that they lend an amount equal to two times the amount of money provided them to eligible applicants for eligible projects. Eligible applicants is defined as New York State firms with less than 500 workers. Eligible projects means a product manufactured or service delivered by an eligible applicant to a customer residing in or representing a nation other than the United States or its territories. The bill permits JDA to authorize such loans to be between $25,000 and $500,000 and to be at a competitive interest rate under the terms negotiated by the authority with the banking organization involved. The authority is permitted to terminate such agreement 30 days after that banking organization involved has been notified that they have not lived up to the terms of the agreement. Once each fiscal year the authority shall report to the Governor and the fiscal committees of the Legislature as to the number of loans made to eligible projects, the amount of each loan and its repayment terms including the interest charged and duration of the loan, the principal product or services involved in the eligible project, the nation in which the product or services was sold, and the number of banking organizations participating in the program.

JUSTIFICATION : Small and medium-sized corporations seeking to export products find it virtually impossible to secure financing when the sale of a product involved is to a foreign customer. The primary reasons that such funds have been unavailable is that the processing of such a loan involved high overhead cost because of the need to evaluate the foreign customer and estimate the fluctuations of foreign currencies and other variables involved in an export sale. These high transaction costs cannot be recovered because the interest rate that must be offered in order for the seller to remain competitive must be relatively low and the terms of the loan are relatively short in duration (one to five years) and the principal amount is also low due to the size of the transaction. Thus, the banking organization finds it impossible to make money offering these "export credits" to small and medium-sized businesses seeking to sell overseas.

This legislation is designed to provide a pool of money which the banking organization can invest as it chooses and use the income from such investment to subsidize the cost of small loans to medium and small-sized exporters. The legislation requires that at least two times the amount of money placed with the bank shall be lent out to these small and medium-sized firms. While medium-term financing represents only roughly 10% of the export financing needs of corporations in our country, it is the portion of export financing which is being met least well by the banking community. It is the intent of this legislation to use the expertise that resides within the banking community to evaluate the quality of the loans and make the financial judgments about each loan. Such expertise does not reside within the public sector and would therefore be done in a less efficient manner by a public sector organization. While the end result of this legislation will be to make New York exporters more competitive in the world market, it is necessary to provide such competition through the intermediary of the banking community because of their ability to evaluate the risk.

PRIOR LEGISLATIVE HISTORY : 2005-2006: A.10442/S.1904

FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : This act shall take effect on the one hundred twentieth day after it shall have become a law, provided, however, that effective immediately, the addition, amendments and/or repeal of any rule or regulation necessary for the implementation of the foregoing sections of this act on their effective date is authorized and directed to be made and completed on or before such effective date.