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Others might share a personal anecdote about how the bill would affect them or people they care about. Leave this field blank. Votes view votes Feb 22, - floor Vote SB Floor Vote: Feb 22, aye Feb 22, - Rules committee Vote SB Rules Committee Vote: Feb 22, aye Feb 9, - Health committee Vote SA Committee Vote: Feb 9, aye S - Summary Provides for the authorization and regulation of visitation of compassionate care-giving visitors at nursing homes and residential health care facilities.
This section requires the department of health to develop rules, regulations,. Defines personal care as care and support provided to such resident by a family member or legal guardian to a resident that is important to the mental, physical, or social well- being for such resident and is determined as necessary by a medical or mental health professional.
These guidelines will include that facili- ties are required to allow such visitation, procedures for designating a visitor with support from a medical or mental health professional, set forth procedures on changing such designation, require waiving liabil- ity, limits such designation to only one caregiver per resident, exempts such visitors from general prohibitions on visitation, set forth the circumstances under which such visitation may be suspended or limited, establish safety protocols for such visitors, sets forth frequency and duration of visitation, and sets forth the total number of such visitors allowed in a facility at any one time.
Section 2: Section 2: adds a new section i to the public health law. This section requires the department of health to develop rules, regulations, and guidelines to allow compassionate care visitors at nursing homes and residential health care facilities.
Defines compas- sionate care as short-term care and support provided by a family member or legal guardian to a resident that is important for such resident's well-being during critical situations such as end-of-life or in the instance of significant mental or social decline.
Establishes that, at minimum, regulation for compassionate care visitation will require visi- tors to follow safety protocols similar to those of staff or personal care visitors and that all compassionate care visitors shall be restricted to one room for purposes of visitation.
View More 48 Lines. Registered caregivers will also be covered under the bill. The requirements for starting and operating a registered dispensary are detailed and complex. Those employers face a difficult task of complying with the CCA to the extent they can, while simultaneously taking care not to run afoul of federal regulations.
The first prominent case, Coats v. In Coats, an employee using medical marijuana in accordance with state medical marijuana legislation was fired from his employment as a result of a failed drug test. Many state and federal courts, including courts in California, Washington and Montana, have issued similar decisions. Other courts have issued decisions regarding medical marijuana use by employees that were not favorable to employers.
The Massachusetts Supreme Judicial Court held that a patient qualifying for medical marijuana use could sue her employer for handicap discrimination. A court in Rhode Island found that state medical marijuana legislation prohibiting discrimination against medical marijuana cardholders provided an implied private cause of action that allowed an employee to sue her employer for employment discrimination.
While this decision might seem significant in the first instance, it is really of limited value to New York employers. The OATH is an administrative court with no binding authority on state and federal courts. Practitioners must complete a New York State Department of Health Department approved course and register with the Department to certify patients. Practitioners must consult the New York State Prescription Monitoring Program Registry prior to issuing a certification to a patient for medical marijuana.
Patients who are certified by their practitioners must apply to the Department to obtain a registry identification card. During the patient registration process, certified patients may designate up to two caregivers to obtain and possess medical marijuana products on their behalf.
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