reglab/statecodes huggingface dataset:
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 4 - Dispensing to Ultimate Users › 3342 - Dispensing and Administering by Institutional Dispensers.

§  3342. Dispensing and administering by institutional dispensers.  1.
  An  institutional  dispenser  may  cause  controlled  substances  to  be
  administered  or  dispensed for use on its premises or for the immediate
  care or  treatment  of  a  patient  lawfully  being  transferred  in  an
  emergency   situation,   as   defined  by  rule  or  regulation  of  the
  commissioner, to an alternative medical  facility  only  pursuant  to  a
  written  order  by  a practitioner for medication.  Such orders shall be
  made and preserved in the manner and form as the commissioner shall,  by
  regulation, prescribe.
2.  An  institutional dispenser may dispense controlled substances for
  use off its premises only pursuant to a prescription, prepared and filed
  in conformity with this title, provided, however, that, in an  emergency
  situation  as  defined  by  rule  or  regulation  of  the  department, a
  practitioner in a hospital without a  full-time  pharmacy  may  dispense
  controlled  substances to a patient in a hospital emergency room for use
  off the premises of the institutional dispenser  for  a  period  not  to
  exceed twenty-four hours.
3. An institutional dispenser shall maintain records of all controlled
  substances dispensed and administered in such manner as the commissioner
  shall, by regulation, require.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 4 - Dispensing to Ultimate Users › 3343 - Reports and Records.

§   3343.   Reports  and  records.  1.  Prescriptions  and  copies  of
prescriptions shall be preserved in the following manner:
(a)  dispensing  practitioners   filing   information   electronically
pursuant  to  subdivision six of section thirty-three hundred thirty-one
of  this  article,  shall  dispose  of   any   electronically   recorded
information  in such manner as the commissioner in consultation with the
commissioner of education shall by regulation require;
(b) pharmacists dispensing  controlled  substances  upon  prescription
shall  preserve such prescriptions in such manner as the commissioner in
consultation with the commissioner of education  shall,  by  regulation,
require.
2.   Practitioners  and  pharmacies  shall  maintain  records  of  all
controlled substances received and  dispensed  in  such  manner  as  the
commissioner shall, by regulation, require.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 4 - Dispensing to Ultimate Users › 3343-B - Safe Disposal of Unused Controlled Substances.

§  3343-b.  Safe  disposal  of  unused  controlled  substances. 1. The
  department shall oversee a program  for  the  safe  disposal  of  unused
  controlled  substances  by  consumers in accordance with federal law and
  article two-B of this chapter. Individual members of the public shall be
  authorized to voluntarily  surrender  controlled  substances  listed  on
  schedule  II,  III,  IV or V of section thirty-three hundred six of this
  article  in  a  secure  manner,  without  identifying  themselves.  Safe
  disposal  methods  shall  be publicized consistent with the prescription
  pain  medication  awareness  program  established  pursuant  to  section
  thirty-three  hundred  nine-a  of this article and article two-B of this
  chapter.
2. The surrender of a controlled substance pursuant  to  this  section
  and  article  two-B of this chapter shall not constitute the possession,
  transfer or sale of such  controlled  substance  for  purposes  of  this
  article or the penal law.
3. Except as provided in article two-B of this chapter, disposal sites
  shall  be  operated  by  law  enforcement agencies, pharmacies and other
  Federal Drug  Enforcement  Administration  authorized  collectors  on  a
  voluntary  basis,  provided, however, that such disposal sites shall not
  be precluded from  operating  as  part  of  a  drug  take  back  program
  established  pursuant  to article two-B of this chapter. Nothing in this
  section  shall  require  any  political  subdivision  of  the  state  to
  participate in the program established in this section.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 4 - Dispensing to Ultimate Users › 3345 - Possession of Controlled Substances by Ultimate Users Original Container.

§ 3345. Possession of controlled substances by ultimate users original
  container.    Except  for  the  purpose  of current use by the person or
  animal for whom such substance was prescribed or dispensed, it shall  be
  unlawful  for  an ultimate user of controlled substances to possess such
  substance outside of the original container in which it was dispensed.
Violation of this provision shall be an offense punishable by  a  fine
  of not more than fifty dollars.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5 - Dispensing to Addicts and Habitual Users › 3350 - Dispensing Prohibition.

§  3350.  Dispensing  prohibition.    Controlled substances may not be
  prescribed for, or administered or  dispensed  to  addicts  or  habitual
  users  of  controlled  substances,  except  as provided by this title or
  title III.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5 - Dispensing to Addicts and Habitual Users › 3351 - Dispensing for Medical Use.

§  3351.  Dispensing for medical use.  1. Controlled substances may be
prescribed for, or administered or dispensed to an  addict  or  habitual
user:
(a)   during   emergency  medical  treatment  unrelated  to  abuse  of
controlled substances;
(b) who is a bona fide patient suffering from an incurable  and  fatal
disease such as cancer or advanced tuberculosis;
(c)  who  is aged, infirm, or suffering from serious injury or illness
and the withdrawal from controlled substances would endanger the life or
impede or inhibit the recovery of such person.
2. Controlled substances may be  ordered  for  use  by  an  addict  or
habitual  user  by  a practitioner and administered by a practitioner or
registered nurse to relieve acute withdrawal symptoms.
3. Methadone, or such other controlled  substance  designated  by  the
commissioner  as  appropriate for such use, may be ordered for use of an
addict by a practitioner and dispensed or administered by a practitioner
or his designated agent as interim treatment for an addict on a  waiting
list for admission to an authorized maintenance program.
4.  Methadone,  or  such  other controlled substance designated by the
commissioner as appropriate for such use,  may  be  administered  to  an
addict  by  a  practitioner  or by his designated agent acting under the
direction and supervision  of  a  practitioner,  as  part  of  a  regime
designed and intended to withdraw a patient from addiction to controlled
substances.
5.  Methadone,  or  such  other controlled substance designated by the
commissioner as appropriate for such use,  may  be  administered  to  an
addict  by  a  practitioner  or by his designated agent acting under the
direction and supervision of a practitioner,  as  part  of  a  substance
abuse  or  chemical  dependence  program  approved  pursuant  to article
twenty-three or thirty-two of the mental hygiene law.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5 - Dispensing to Addicts and Habitual Users › 3352 - Reports and Records.

§  3352.  Reports  and  records. Persons certified pursuant to article
  thirty-two of the mental hygiene law to  operate  methadone  maintenance
  treatment   programs   shall   keep   records   showing   the   receipt,
  administration, dispensing, or destruction of all controlled  substances
  and  documenting  each incident or alleged incident involving the theft,
  loss or possible diversion of controlled substances and  shall  maintain
  the   records  in  such  manner  and  detail  as  the  commissioner,  by
  regulation, shall require.
A person certified to conduct a maintenance program shall  immediately
  file  a  report with the department of each incident or alleged incident
  involving  the  theft,  loss  or  possible   diversion   of   controlled
  substances.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3362 - Lawful Medical Use.

* §  3362.  Lawful  medical  use. 1. The possession, acquisition, use,
delivery,  transfer,  transportation,  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 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 thirty day
period, the certified patient may also possess up to such amount for the
next thirty day period;
(b)  the marihuana that may be possessed by designated caregivers does
not  exceed  the  quantities  referred  to  in  paragraph  (a)  of  this
subdivision  for each certified patient for whom the caregiver possesses
a valid registry identification card, up to five certified patients;
(c) the form or forms of medical marihuana that may  be  possessed  by
the   certified   patient   or   designated   caregiver  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) 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  possessing  medical  marihuana  under this title shall
possess his or her registry identification card at  all  times  when  in
immediate possession of medical marihuana.
* NB  Repealed  July  5,  2028  and  Repealed  6 months after the full
cannabis control board created by Article 2 of the cannabis law has been
appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3366 - Reports by Registered Organizations.

* §  3366.  Reports  by  registered organizations. 1. The commissioner
  shall, by regulation,  require  each  registered  organization  to  file
  reports  by  the registered organization during a particular period. The
  commissioner shall determine the information  to  be  reported  and  the
  forms, time, and manner of the reporting.
2.  The  commissioner  shall,  by  regulation, require each registered
  organization to adopt and maintain security, tracking,  record  keeping,
  record  retention  and  surveillance  systems,  relating  to all medical
  marihuana at every stage of acquiring,  possession,  manufacture,  sale,
  delivery,  transporting,  distributing,  or dispensing by the registered
  organization, subject to regulations of the commissioner.
* NB Repealed July 5, 2028  and  Repealed  6  months  after  the  full
  cannabis control board created by Article 2 of the cannabis law has been
  appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3367 - Evaluation; Research Programs; Report by Department.

* §  3367. Evaluation; research programs; report by department. 1. The
  commissioner  may  provide  for  the  analysis  and  evaluation  of  the
  operation of this title. The commissioner may enter into agreements with
  one or more persons, not-for-profit corporations or other organizations,
  for   the  performance  of  an  evaluation  of  the  implementation  and
  effectiveness of this title.
2. The department may develop, seek  any  necessary  federal  approval
  for,  and  carry  out  research  programs  relating  to  medical  use of
  marihuana.    Participation  in  any  such  research  program  shall  be
  voluntary  on  the  part  of  practitioners,  patients,  and  designated
  caregivers.
3. The department shall report every two years,  beginning  two  years
  after  the  effective  date  of  this  title,  to  the  governor and the
  legislature on the medical use of marihuana under this  title  and  make
  appropriate recommendations.
* NB  Repealed  July  5,  2028  and  Repealed  6 months after the full
  cannabis control board created by Article 2 of the cannabis law has been
  appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3368 - Relation to Other Laws.

* §  3368.  Relation  to  other  laws.  1.  (a) The provisions of this
article shall apply to this title, except that where a provision of this
title conflicts with another provision of this article, this title shall
apply.
(b) Medical marihuana shall not be deemed to be a "drug" for  purposes
of article one hundred thirty-seven of the education law.
2.  Nothing  in this title shall be construed to require an insurer or
health plan under this chapter or the insurance law to provide  coverage
for  medical  marihuana.  Nothing  in  this  title shall be construed to
require coverage for medical marihuana under article twenty-five of this
chapter or article five of the social services law.
* NB Repealed July 5, 2028  and  Repealed  6  months  after  the  full
cannabis control board created by Article 2 of the cannabis law has been
appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3369 - Protections for the Medical Use of Marihuana.

* §  3369.  Protections for the medical use of marihuana. 1. Certified
patients, designated caregivers, 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
marihuana,  or  for  any other action or conduct in accordance with this
title.
2. Non-discrimination. Being a certified patient shall be deemed to be
having a "disability" under article fifteen of the executive law  (human
rights  law),  section forty-c of the civil rights law, sections 240.00,
485.00, and 485.05 of the penal law, and section 200.50 of the  criminal
procedure  law.  This  subdivision  shall  not  bar the enforcement of a
policy prohibiting an employee from performing  his  or  her  employment
duties  while impaired by a controlled substance. This subdivision shall
not require any person or entity to do any act that would put the person
or entity in violation of federal law or cause  it  to  lose  a  federal
contract or funding.
3.  The  fact  that  a  person is a certified patient and/or acting in
accordance with this title, shall not be a consideration in a proceeding
pursuant to applicable sections  of  the  domestic  relations  law,  the
social services law and the family court act.
4.  (a) Certification applications, certification forms, any certified
patient information contained within a database, and copies of  registry
identification cards shall be deemed exempt from public disclosure under
sections eighty-seven and eighty-nine of the public officers law.
(b)  The  name, contact information, and other information relating to
practitioners registered with the department under this title  shall  be
public  information  and  shall be maintained by the commissioner on the
department's website  accessible  to  the  public  in  searchable  form.
However, if a practitioner notifies the department in writing that he or
she  does not want his or her name and other information disclosed, that
practitioner's name and other information shall thereafter not be public
information or  maintained  on  the  department's  website,  unless  the
practitioner cancels the request.
* NB  Repealed  July  5,  2028  and  Repealed  6 months after the full
cannabis control board created by Article 2 of the cannabis law has been
appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3369-A - Regulations.

* §  3369-a.  Regulations.  The commissioner shall make regulations to
  implement this title.
* NB Repealed July 5, 2028  and  Repealed  6  months  after  the  full
  cannabis control board created by Article 2 of the cannabis law has been
  appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3369-B - Effective Date.

* §   3369-b.   Effective   date.  Registry  identification  cards  or
  registered  organization  registrations  shall  be  issued   or   become
  effective  no later than eighteen months from signing or until such time
  as the commissioner and the superintendent of state police certify  that
  this  title  can  be  implemented  in  accordance with public health and
  safety interests, whichever event comes later. Prior to making a general
  certification   under   this   section,   the   commissioner   and   the
  superintendent  of  state  police  may  make  a certification limited to
  accommodating expedited access for patients with special  certifications
  and  for  registered organizations under the emergency medical marihuana
  access program under section thirty-three hundred sixty-five-a  of  this
  title.
* NB  Repealed  July  5,  2028  and  Repealed  6 months after the full
  cannabis control board created by Article 2 of the cannabis law has been
  appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3369-D - Pricing.

* §  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.
* NB Repealed July 5, 2028  and  Repealed  6  months  after  the  full
  cannabis control board created by Article 2 of the cannabis law has been
  appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3369-E - Severability.

* §  3369-e. Severability. If any clause, sentence, paragraph, section
  or part of this  act  shall  be  adjudged  by  any  court  of  competent
  jurisdiction  to  be  invalid, the judgment shall not affect, impair, or
  invalidate the remainder thereof, but shall be confined in its operation
  to the clause, sentence, paragraph, section  or  part  thereof  directly
  involved  in  the  controversy  in  which  the  judgment shall have been
  rendered.
* NB Repealed July 5, 2028  and  Repealed  6  months  after  the  full
  cannabis control board created by Article 2 of the cannabis law has been
  appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 5-A - Medical Use of Marihuana › 3369-C - Suspend; Terminate.

* §  3369-c.  Suspend; terminate. Based upon the recommendation of the
  commissioner and/or the superintendent of state police that there  is  a
  risk  to  the  public  health  or  safety,  the governor may immediately
  terminate all licenses issued to registered organizations.
* NB Repealed July 5, 2028  and  Repealed  6  months  after  the  full
  cannabis control board created by Article 2 of the cannabis law has been
  appointed
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 6 - Records and Reports › 3370 - Preserving and Inspection of Records.

§ 3370. Preserving and inspection of records. 1. Any record, including
  prescriptions,  required  to be kept or maintained by this article shall
  be preserved for a period of at least five years following the  date  of
  the  event  or  transaction recorded, unless a shorter period of time is
  specifically provided.
2. Such records shall be made  available  during  business  hours  for
  inspection  and copying by any officer or employee of the department who
  is charged with the enforcement of this article and to  any  officer  or
  employee  of this state charged with the duty of regulating or licensing
  of any person who by virtue of such license  is  authorized  to  obtain,
  distribute, dispense or administer controlled substances.
3.  Every  record,  including prescriptions, required to be kept under
  this article shall be maintained at  the  premises  where  the  licensed
  activity is conducted.
4.  The  department shall cause to be expunged or otherwise destroyed,
  within five years from the date of receipt thereof, any  record  of  the
  name  of  any patient received by it pursuant to the filing requirements
  of  subdivision  six  of  section   thirty-three   hundred   thirty-one,
  subdivision  four  of  section  thirty-three  hundred  thirty-three, and
  subdivision four of section thirty-three  hundred  thirty-four  of  this
  article.
5.  Electronic  prescription records shall be maintained and preserved
  in accordance with regulations of the commissioner.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 6 - Records and Reports › 3372 - Practitioner Patient Reporting.

§ 3372. Practitioner patient reporting.  It shall be the duty of every
  attending  practitioner  and  every  consulting  practitioner  to report
  promptly to the commissioner, or his duly  designated  agent,  the  name
  and, if possible, the address of, and such other data as may be required
  by  the  commissioner  with respect to, any person under treatment if he
  finds that such person is an addict or a habitual user of  any  narcotic
  drug.  Such  report  shall be kept confidential and may be utilized only
  for statistical, epidemiological or research purposes, except that those
  reports which originate in the course of  a  criminal  proceeding  other
  than under section 81.25 of the mental hygiene law shall be subject only
  to  the  confidentiality  requirements  of  section thirty-three hundred
  seventy-one of this article.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 6 - Records and Reports › 3373 - Confidential Communications.

§  3373.  Confidential  communications.    For  the purposes of duties
  arising out of this article, no communication  made  to  a  practitioner
  shall  be  deemed  confidential within the meaning of the civil practice
  law and rules  relating  to  confidential  communications  between  such
  practitioner and patient.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 6 - Records and Reports › 3374 - Notification by Licensee.

§  3374.  Notification  by  licensee.    Persons licensed or certified
  pursuant to this article shall be under a continuing  duty  to  promptly
  notify the department of:
1.  Each  incident  or  alleged  incident  of  theft, loss or possible
  diversion of controlled substances manufactured, ordered, distributed or
  possessed by such person;
2. Any charge or  proceeding  brought  in  any  court  or  before  any
  governmental  agency,  state or federal, in which it is alleged that the
  licensee, its employees, subsidiaries, managing officers,  or  directors
  has  failed  to  comply  with  the  provisions of the federal controlled
  substances  act  or  the  laws  of  any  state  relating  to  controlled
  substances.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3381-A - Destruction of Hypodermic Syringes and Needles.

§  3381-a.  Destruction  of  hypodermic  syringes  and  needles.   All
  hypodermic syringes, needles and disposable hypodermic units  which  are
  no  longer  usable  or  required  shall  be crushed, broken or otherwise
  rendered inoperable in the process of disposal.
The department may specify procedures for disposal of such  hypodermic
  syringes,  needles  and  disposable units as may be necessary to protect
  public health including, but not limited to, placement of such syringes,
  needles and units in a leak-proof, puncture resistant container prior to
  disposal.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3384 - Information Program for Retailers.

§  3384.  Information  program  for  retailers.  The  department shall
  develop  and  maintain  a  program  to  inform   retailers   about   the
  methamphetamine problem in New York state.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3385 - Enforcement.

§  3385.  Enforcement.   1. (a) The department and its representatives
shall have access during business hours to all orders, prescriptions  or
records required to be kept under this article.
(b)  Orders,  prescriptions and records required to be kept under this
article shall be maintained at the premises where the licensed  activity
is conducted.
2.  For the purposes of enforcing the provisions of this article, each
employee of the department designated by the commissioner shall  possess
all of the powers of a peace officer as set forth in section 2.20 of the
criminal procedure law.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3385-A - Access to Criminal History Information.

§  3385-a. Access to criminal history information. Upon such terms and
  conditions as the commissioner  of  the  division  of  criminal  justice
  services  agrees,  authorized  employees  of  the department's bureau of
  narcotic  enforcement,  designated  by  the  commissioner  pursuant   to
  subdivision  two  of section three thousand three hundred eighty-five of
  this title, may access criminal history information in the central  data
  facility  established  pursuant  to  subdivision  six  of  section eight
  hundred thirty-seven of the executive law upon request to  the  director
  of  the  bureau  of narcotic enforcement demonstrating the necessity for
  such access as part of an identified,  ongoing  criminal  investigation.
  Any  information  obtained  as  a  result  of  such  access shall not be
  disseminated to persons not authorized to access such  criminal  history
  information.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3390 - Revocation of Licenses and Certificates of Approval.

§  3390.  Revocation  of  licenses and certificates of approval.   Any
  license or certificate of approval granted pursuant to this article  may
  be  revoked  by the commissioner in whole or in part upon a finding that
  the licensee or certificate holder has:
1. falsified any application,  report,  or  record  required  by  this
  article;
2.  wilfully  failed  to furnish the department with timely reports or
  information required to be filed with the department;
3. been convicted of an offense in any jurisdiction  relating  to  any
  substance listed in this article as a controlled substance;
4. wilfully or negligently failed to comply with any of the provisions
  of   the  federal  controlled  substances  act,  this  article,  or  the
  regulations promulgated thereunder;
5.  failed  to  maintain  effective  control  against   diversion   of
  controlled substances; or
6.   wilfully   and  unreasonably  refused  to  permit  an  inspection
  authorized by this article.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3391 - Revocation and Suspension of License or Certificate of Approval Procedure.

§  3391.  Revocation  and  suspension  of  license  or  certificate of
  approval procedure.  1. A proceeding to revoke a license or  certificate
  of  approval  shall  be  commenced  by  a notice served personally or by
  registered  or  certified  mail  upon  the  licensee  or  holder  of   a
  certificate  of  approval directing him to show cause why his license or
  certificate should not be revoked.   Such  notice  shall  set  forth  in
  detail  the grounds for the proposed revocation and shall fix a date for
  hearing not less than fifteen nor more than thirty days from the date of
  such notice.
2. Simultaneous with the commencement of  a  proceeding  to  revoke  a
  license  or  certificate  or  during  the course of such proceeding, the
  commissioner may in the case of a  clear  and  imminent  danger  to  the
  public  health  or  safety  forthwith  suspend  without prior notice any
  license or certificate theretofore issued.
3. If the commissioner suspends or revokes a license  or  certificate,
  all  controlled  substances owned or possessed by the licensee or holder
  of a certificate of approval and in the state of New York at the time of
  the suspension or the effective date of the revocation  and  which  such
  licensee  or holder of a certificate of approval is no longer authorized
  to possess, shall be seized or placed under seal in the manner  provided
  in this article.
4. In lieu of revocation of a license or certificate, the commissioner
  may  impose  a civil penalty not in excess of ten thousand dollars. Such
  penalty may be imposed in lieu of revocation only if the commissioner is
  satisfied that the imposition and payment of such penalty will serve  as
  a sufficient deterrent to future violations.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3393 - Formal Hearings Procedure.

§  3393. Formal hearings procedure.  1. The commissioner or any person
  designated by him for this purpose, shall have the power  to  administer
  oaths,  compel  the attendance of witnesses and the production of books,
  records and documents and to take proof  and  testimony  concerning  all
  matters within the jurisdiction of the department.
2.  Notice  of  hearing shall be served at least fifteen days prior to
  the date of the hearing, provided, however,  whenever  the  commissioner
  has  made  a  preliminary  order  suspending  a license or directing the
  cessation of any activity pending the hearing,  the  commissioner  shall
  provide  the  person  affected  thereby  with an opportunity to be heard
  within five days.
3. At a  hearing  any  person  who  is  a  party  thereto  may  appear
  personally,  shall  have  the  right  of  counsel, and may cross-examine
  witnesses and produce evidence and witnesses in his own behalf.
4. Following  a  hearing,  the  commissioner  shall  make  appropriate
  findings  of  fact  and  determinations  and  shall  issue  an  order in
  accordance therewith.
5. The person conducting the hearing shall not be bound by  the  rules
  of  evidence but any determination must be founded upon sufficient legal
  evidence to sustain it.
6. The commissioner may adopt such rules and regulations governing the
  procedures to be followed  with  respect  to  the  hearings  as  may  be
  consistent with the fair and effective administration of this article.
7. Any notice, application, order or other paper required to be served
  upon  any  party  to  a proceeding hereunder may be served in person, by
  registered mail or by  certified  mail  upon  either  the  party  or  an
  attorney who has appeared on his behalf.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3394 - Judicial Review.

§  3394.  Judicial review.   1. All orders or determinations hereunder
  shall be subject to judicial review as provided in article seventy-eight
  of the civil practice law and rules. In any such proceeding findings  of
  fact  made  by  the  commissioner, if supported by substantial evidence,
  shall be conclusive.
2. Application for such review must be made within  sixty  days  after
  service  of  the  order  or determination upon the person whose license,
  certificate, right or privilege is affected thereby or upon the attorney
  of record for such person.
3. An order, or the enforcement of an order revoking or  suspending  a
  license   or  revoking  or  cancelling  official  forms  issued  by  the
  department, if accompanied by a finding of a clear and  imminent  danger
  to  the  public  health  or  safety,  may  not  be temporarily stayed or
  restrained prior to a determination on the merits of the application for
  judicial review.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3396 - Violations; Penalties.

§  3396.  Violations;  penalties.    1.  In  any  civil,  criminal  or
  administrative action or proceeding brought for the enforcement  of  any
  provision  of  this  article,  it  shall  not  be necessary to negate or
  disprove any exception, excuse, proviso or exemption contained  in  this
  article, and the burden of proof of any such exception, excuse, proviso,
  or exemption shall be upon the person claiming its benefit.
2.  Violation  of any provision of this article for which a penalty is
  specifically provided herein shall be  punishable  as  provided  herein.
  Violation  of  any  provision  of  this  article for which no penalty is
  provided herein shall be punishable as provided in section  twelve-b  of
  article one of this chapter or in the penal law.
3.  No  person shall be prosecuted for a violation of any provision of
  this article if such person has been acquitted or  convicted  under  the
  federal controlled substances act, of the same act or omission which, it
  is alleged, constitutes a violation of this article.
4.  Upon  the  conviction of any person for violating any provision of
  this article, a copy of the judgment and sentence, and of the opinion of
  the court or judge, if any opinion be filed, shall be sent by the  clerk
  of  the court, or by the judge, to the board or officer, if any, by whom
  the convicted defendant has been licensed or registered to practice  his
  profession, or to carry on his business.
5.  Upon  the  imposition  of any penalty, warning, reprimand or other
  sanction against any person for violating any provision of this article,
  a copy of the order, finding or opinion, if any  is  made  or  rendered,
  shall   be   sent   by  the  person  authorized  by  law  to  make  such
  determination, to the  board  or  officer  by  whom  the  respondent  is
  licensed  or  registered  to  practice  a  profession  or  to carry on a
  business.
2023 New York Laws › PBH - Public Health › Article 33 - Controlled Substances › Title 7 - Offenses, Violations and Enforcement › 3397 - Fraud and Deceit.

§ 3397. Fraud and deceit. 1. No person shall:
(a) obtain or attempt to obtain a controlled substance, a prescription
for  a  controlled  substance or an official New York State prescription
form,
(i) by fraud, deceit, misrepresentation or subterfuge; or
(ii) by the concealment of a material fact; or
(iii) by the use of a false name or the giving of a false address;
(b) wilfully make  a  false  statement  in  any  prescription,  order,
application, report or record required by this article;
(c) falsely assume the title of, or represent himself to be a licensed
manufacturer,    distributor,    pharmacy,   pharmacist,   practitioner,
researcher, approved institutional dispenser, owner  or  employee  of  a
registered  outsourcing  facility  or  other  authorized person, for the
purpose of obtaining a controlled substance;
(d) make or utter any false or forged prescription or false or  forged
written order;
(e)  affix  any  false  or  forged  label  to  a package or receptacle
containing controlled substances; or
(f) imprint on or affix to any controlled substance a false or  forged
code number or symbol.
2.  Possession  of  a  false  or  forged prescription for a controlled
substance by any person other than a pharmacist in the lawful  pursuance
of his profession shall be presumptive evidence of his intent to use the
same for the purpose of illegally obtaining a controlled substance.
3.  Possession of a blank official New York state prescription form by
any person to whom it was  not  lawfully  issued  shall  be  presumptive
evidence  of  such  person's  intent  to  use  same  for  the purpose of
illegally obtaining a controlled substance.
4. Any person who, in the course of  treatment,  is  supplied  with  a
controlled  substance or a prescription therefor by one practitioner and
who, without disclosing the fact, is supplied during such treatment with
a  controlled  substance  or  a   prescription   therefor   by   another
practitioner shall be guilty of a violation of this article.
2023 New York Laws › PBH - Public Health › Article 33-A - Controlled Substances Therapeutic Research Act › 3397-A - Legislative Findings.

§  3397-a.  Legislative  findings.   The legislature finds that recent
  research has shown that the use of marijuana may  alleviate  the  nausea
  and ill-effects of cancer chemotherapy, may alleviate the ill-effects of
  glaucoma  and  may  have other therapeutic uses. The legislature further
  finds that there is a need for further research and experimentation with
  regard to the use of marijuana for therapeutic purposes  under  strictly
  controlled  circumstances.  It  is  for  such research programs that the
  controlled substances therapeutic research act is hereby enacted.
2023 New York Laws › PBH - Public Health › Article 33-A - Controlled Substances Therapeutic Research Act › 3397-B - Definitions.

§ 3397-b. Definitions. As used in this article:
1. "Cannabis" means cannabis as defined in section 222.00 of the penal
  law   and   shall  also  include  tetrahydrocannabinols  or  a  chemical
  derivative of tetrahydrocannabinol.
2. "Physician" means a person licensed to  practice  medicine  in  the
  state  of New York including a person authorized to practice medicine in
  a federal medical facility in the state.
3. "Hospital" means a hospital  as  defined  in  section  twenty-eight
  hundred one of this chapter.
2023 New York Laws › PBH - Public Health › Article 33-A - Controlled Substances Therapeutic Research Act › 3397-C - Antonio G. Olivieri Controlled Substances Therapeutic Research Program Established; Participation.

§  3397-c.  Antonio  G.  Olivieri  controlled  substances  therapeutic
  research program established; participation.  1. The Antonio G. Olivieri
  controlled substances therapeutic research program is hereby established
  in the department of health. The commissioner shall promulgate rules and
  regulations necessary for the proper administration  of  the  controlled
  substances   therapeutic   research   act.  In  such  promulgation,  the
  commissioner shall take into consideration  those  pertinent  rules  and
  regulations promulgated by the drug enforcement administration, food and
  drug administration and the national institute on drug abuse.
2.  Participation  in  the  Antonio  G. Olivieri controlled substances
  therapeutic research  program  shall  be  limited  to  cancer  patients,
  glaucoma  patients  and  patients  afflicted with other diseases as such
  diseases are  approved  by  the  commissioner.  Such  patient  shall  be
  certified  by  a  physician  to  and approved by a patient qualification
  review board or committee  in  the  manner  provided  by  this  article.
  Physician certification and board or committee approval shall be limited
  to   such   patients   who   are   involved  in  a  life-threatening  or
  sense-threatening situation.  Patients  seeking  participation  in  such
  program  may  seek  the  advice  and  shall be entitled to be advised by
  appropriate  medical  personnel  concerning  the  medical  efficacy   of
  treatment with conventional controlled substances.
3.  The  commissioner, on behalf of the department, shall apply to the
  food and drug administration for  an  investigational  new  drug  permit
  within ninety days after the effective date of this section.
2023 New York Laws › PBH - Public Health › Article 33-A - Controlled Substances Therapeutic Research Act › 3397-D - State Patient Qualification Review Board; Composition; Powers and Duties.

§  3397-d.  State  patient  qualification  review  board; composition;
powers and duties.  1. The commissioner shall appoint  a  state  patient
qualification  review  board  of  no  less than three nor more than five
members. The state patient qualification review board shall be comprised
of:
(a) A  physician  licensed  to  practice  medicine  in  New  York  and
certified by the American board of ophthalmology;
(b)  A  physician  licensed  to  practice  medicine  in  New  York and
certified by the American board of internal medicine and also  certified
in the subspecialty of medical oncology;
(c)  A  physician  licensed  to  practice  medicine  in  New  York and
certified  in  psychiatry  by  the  American  board  of  psychiatry  and
neurology; and
(d) Any other members that the commissioner may deem necessary.
2.  Members  of  such  board  shall  be appointed for three year terms
except that the term of those first appointed shall be arranged so  that
as  nearly  as  possible  an  equal  number  shall terminate annually. A
vacancy occurring during a term shall be filled by an appointment by the
commissioner for the unexpired term. The  commissioner  shall  designate
the  chairman  of the board. Any member may be removed from the board at
the pleasure of the commissioner.
3. Each member of the board shall receive  up  to  one  hundred  fifty
dollars  as prescribed by the commissioner for each day devoted to board
work not to exceed forty-five hundred dollars in any one year, and shall
be reimbursed for necessary expenses.
2023 New York Laws › PBH - Public Health › Article 33-A - Controlled Substances Therapeutic Research Act › 3397-E - Patient Participation in Program; Procedure.

§  3397-e.  Patient  participation  in  program;  procedure.    1. Any
  hospital may establish a hospital patient qualification review committee
  subject to the rules and regulations promulgated by the commissioner.  A
  hospital may designate a hospital human research review committee as set
  forth in section twenty-four hundred forty-four of this chapter to serve
  as a hospital patient qualification review committee.
2.  Any  physician  may  recommend  a patient for participation in the
  Antonio G. Olivieri controlled substances therapeutic  research  program
  to  the hospital patient qualification review committee for the hospital
  wherein such patient has received medical treatment.
3. The hospital patient qualification review  committee  shall  review
  each  recommendation  and  shall submit approved patient applications to
  the state patient qualification review board.
4. The state patient  qualification  review  board  shall  review  all
  physician  applicants  for the Antonio G. Olivieri controlled substances
  therapeutic research program and certify  or  refuse  to  certify  their
  participation in the program.
5.  The  state  patient  qualification  review board may delegate to a
  hospital patient qualification review committee the authority to approve
  or disapprove a patient's participation in such program.
6. A patient shall not be eligible  to  participate  in  such  program
  without  the approval of the state patient qualification review board or
  the hospital patient qualification review committee  delegated  pursuant
  to subdivision five of this section.
7.  The  hospital  human  research  review committee shall review each
  human research project proposed  hereunder  and  shall  certify  to  the
  hospital  patient qualification review committee that such project meets
  the requirements of this  article  and  article  twenty-four-A  of  this
  chapter.
2023 New York Laws › PBH - Public Health › Article 33-A - Controlled Substances Therapeutic Research Act › 3397-F - Antonio G. Olivieri Controlled Substances Therapeutic Research Program; Distribution.

§  3397-f.  Antonio  G.  Olivieri  controlled  substances  therapeutic
  research program;  distribution.    1.  The  commissioner  shall  obtain
  marijuana  through  whatever means he deems most appropriate, consistent
  with regulations promulgated by the national institute  on  drug  abuse,
  the food and drug administration and the drug enforcement administration
  and pursuant to the provisions of this article.
2.  If, within a reasonable time, the commissioner is unable to obtain
  controlled substances pursuant to subdivision one of  this  section,  he
  shall conduct an inventory of available sources of such drugs, including
  but  not  limited  to  the  New  York  state  police  bureau of criminal
  investigation and local law enforcement officials. Said inventory  shall
  be   for  the  purpose  of  determining  the  feasibility  of  obtaining
  controlled substances for use  in  the  program.  Upon  conducting  said
  inventory, the commissioner shall contract with the available source for
  the receipt of controlled substances.
3.  The commissioner shall cause such marijuana to be transferred to a
  hospital for distribution to the  certified  patient  pursuant  to  this
  article.