What's happening
This bill allows the administration of medical marijuana to people with special needs and requires related safety policies in facilities.
Why it matters
Expands access to medical marijuana. for individuals with special needs, allowing its administration in facilities under strict compliance with state health laws, which could improve treatment options for residents with qualifying conditions.
Mandates the creation of facility-level safety policies. including safe storage, administration, and diversion prevention—for both controlled substances and medical marijuana, aiming to reduce misuse and ensure responsible handling in care settings.
Requires oversight and transparency. by involving incident review committees and reporting mechanisms, potentially increasing accountability for how medications, including medical marijuana, are managed and tracked in these facilities.
May influence facility operations and staff training. , as administrators and staff will need to understand and follow new regulations regarding medical marijuana, possibly affecting daily routines and requiring updated protocols and education.
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Who cares
Headline styles
Protect Special Needs Medication
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 38
No co-sponsors yet.
History
- Referred to mental health and developmental disabilities
- Referred to mental health and developmental disabilities
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Protect Special Needs Medication Rights
In Assembly Committee · Mental Health · Sponsor Aileen Gunther
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5633
2019-2020 Regular Sessions
IN SENATE
May 9, 2019
Introduced by Sen. CARLUCCI -- read twice and ordered printed, and when printed to be committed to the Committee on Mental Health and Developmental Disabilities
AN ACT to amend the social services law, in relation to the protection of people with special needs regarding controlled substances and medical marihuana
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (g) of subdivision 1 of section 488 of the social services law, as added by section 1 of part B of chapter 501 of the laws of 2012, is amended to read as follows:
(g) "Unlawful use or administration of a controlled substance," which shall mean any administration by a custodian to a service recipient of: a controlled substance as defined by article thirty-three of the public health law, without a prescription; or other medication not approved for any use by the federal food and drug administration, except for the administration of medical marihuana when such administration is in accordance with article thirty-three of the public health law, any regulations promulgated thereunder, and all rules, regulations, policies, and procedures of the state oversight agency or agencies governing such custodians. It also shall include a custodian unlawfully using or distributing a controlled substance as defined by article thirty-three of the public health law, at the workplace or while on duty.
§ 2. Paragraphs (e) and (f) of subdivision 1 of section 490 of the social services law, as added by section 1 of part B of chapter 501 of the laws of 2012, are amended and a new paragraph (g) is added to read as follows:
(e) information regarding individual reportable incidents, incident patterns and trends, and patterns and trends in the reporting and response to reportable incidents is shared, consistent with applicable law, with the justice center, in the form and manner required by the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11131-01-9
S. 5633 2
justice center and, for facilities or provider agencies that are not state operated, with the applicable state oversight agency which shall provide such information to the justice center; [and]
(f) incident review committees are established; provided, however, that the regulations may authorize an exemption from this requirement, when appropriate, based on the size of the facility or provider agency or other relevant factors. Such committees shall be composed of members of the governing body of the facility or provider agency and other persons identified by the director of the facility or provider agency, including some members of the following: direct support staff, licensed health care practitioners, service recipients and representatives of family, consumer and other advocacy organizations, but not the director of the facility or provider agency. Such committee shall meet regularly to: (i) review the timeliness, thoroughness and appropriateness of the facility or provider agency's responses to reportable incidents; (ii) recommend additional opportunities for improvement to the director of the facility or provider agency, if appropriate; (iii) review incident trends and patterns concerning reportable incidents; and (iv) make recommendations to the director of the facility or provider agency to assist in reducing reportable incidents. Members of the committee shall be trained in confidentiality laws and regulations, and shall comply with section seventy-four of the public officers law[.]; and
(g) safe storage, administration, and diversion prevention policies regarding controlled substances and medical marihuana.
§ 3. 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 date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the social services law, in relation to the protection of people with special needs regarding controlled substances and medical marihuana
Summary of provisions
This legislation would amend Social Services Law (SSL) section 488(1)(g) to allow for the medical use of marihuana, certifies and administered in accordance with Article thirty-three, Title V-A of the Public Health Law (PHL) and any regulations promulgated there under or regulations issued by any state oversight agency designated pursuant to Executive Law section 550 (4). In addition, it would provide for regulations and guid- ance on the safe storage, administration and diversion prevention poli- cies regarding medical marihuana.
Justification
This legislation will allow the administration of medical marihuana to individuals with developmental disabilities by a custodian, without the custodian becoming subject to a report of abuse/neglect to the Justice Center. An abuse/neglect finding can result in a category one finding and permanent placement of the custodian on the vulnerable persons central register. Studies have shown the beneficial effects of medical marihuana for people with developmental disabilities and this bill will allow for the administration of this medication.
Legislative history
New bill
Fiscal implications
None.
Effective date
This act shall take effect on the one hundred eightieth day after it shall have become law; provided that, effective immediately, the addi- tion, amendment, and/or repeal of any rules and regulations necessary to implement the provisions of this act on its effective date are author- ized and directed to be completed on or before such effective date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.