Title PBH, Public Health

§ 3388. Seizure and forfeiture of vehicles, vessels or aircraft\nunlawfully used to conceal, convey or transport controlled substances.\n1. Except as authorized in this article, it shall be unlawful to:\n (a) transport, carry, or convey any controlled substance in, upon, or\nby …

§ 3390. Revocation of licenses and certificates of approval. Any\nlicense or certificate of approval granted pursuant to this article may\nbe revoked by the commissioner in whole or in part upon a finding that\nthe licensee or certificate holder has:\n 1. falsified any applicati…

§ 3391. Revocation and suspension of license or certificate of\napproval procedure. 1. A proceeding to revoke a license or certificate\nof approval shall be commenced by a notice served personally or by\nregistered or certified mail upon the licensee or holder of a\ncertificate …

§ 3393. Formal hearings procedure. 1. The commissioner or any person\ndesignated by him for this purpose, shall have the power to administer\noaths, compel the attendance of witnesses and the production of books,\nrecords and documents and to take proof and testimony concerning …

§ 3394. Judicial review. 1. All orders or determinations hereunder\nshall be subject to judicial review as provided in article seventy-eight\nof the civil practice law and rules. In any such proceeding findings of\nfact made by the commissioner, if supported by substantial evide…

§ 3396. Violations; penalties. 1. In any civil, criminal or\nadministrative action or proceeding brought for the enforcement of any\nprovision of this article, it shall not be necessary to negate or\ndisprove any exception, excuse, proviso or exemption contained in this\narticle…

§ 3397. Fraud and deceit. 1. No person shall:\n (a) obtain or attempt to obtain a controlled substance, a prescription\nfor a controlled substance or an official New York State prescription\nform,\n (i) by fraud, deceit, misrepresentation or subterfuge; or\n (ii) by the concealm…

* § 3397-a. Legislative findings. The legislature finds that recent\nresearch has shown that the use of marijuana may alleviate the nausea\nand ill-effects of cancer chemotherapy, may alleviate the ill-effects of\nglaucoma and may have other therapeutic uses. The legislature fur…

* § 3397-b. Definitions. As used in this article:\n 1. "Cannabis" means cannabis as defined in section 222.00 of the penal\nlaw and shall also include tetrahydrocannabinols or a chemical\nderivative of tetrahydrocannabinol.\n 2. "Physician" means a person licensed to practice me…

* § 3397-c. Antonio G. Olivieri controlled substances therapeutic\nresearch program established; participation. 1. The Antonio G. Olivieri\ncontrolled substances therapeutic research program is hereby established\nin the department of health. The commissioner shall promulgate ru…

* § 3397-d. State patient qualification review board; composition;\npowers and duties. 1. The commissioner shall appoint a state patient\nqualification review board of no less than three nor more than five\nmembers. The state patient qualification review board shall be comprised…

* § 3397-e. Patient participation in program; procedure. 1. Any\nhospital may establish a hospital patient qualification review committee\nsubject to the rules and regulations promulgated by the commissioner. A\nhospital may designate a hospital human research review committee a…

* § 3397-f. Antonio G. Olivieri controlled substances therapeutic\nresearch program; distribution. 1. The commissioner shall obtain\nmarijuana through whatever means he deems most appropriate, consistent\nwith regulations promulgated by the national institute on drug abuse,\nthe…

* § 3398. Definitions. As used in this article, the following terms\nshall have the following meanings, unless the context clearly requires\notherwise:\n 1. "Cannabinoid" means the phytocannabinoids found in hemp and does\nnot include synthetic cannabinoids as that term is defin…

* § 3398-a. Rulemaking authority. The commissioner may make\nregulations pursuant to this article for the processing, distribution,\nmarketing, transportation and sale of cannabinoid hemp and hemp extracts\nused for human consumption, which may include, but not be limited to:\n …

* § 3398-b. Cannabinoid hemp processor license. 1. Persons processing\ncannabinoid hemp or hemp extract used for human consumption, whether in\nintermediate or final form, shall be required to obtain a cannabinoid\nhemp processor license from the department.\n 2. A cannabinoid h…

* § 3398-c. Cannabinoid hemp retailer license. 1. Retailers selling\ncannabinoid hemp, in final form to consumers within the state, shall be\nrequired to obtain a cannabinoid hemp retailer license from the\ndepartment.\n 2. The commissioner shall have the authority to set reason…

* § 3398-d. Cannabinoid license applications. 1. Persons shall apply\nfor a license under this article by submitting an application upon a\nform supplied by the department, providing all the relevant requested\ninformation, verified by the applicant or an authorized representati…

* § 3398-e. Information to be requested in applications for licenses.\n1. The commissioner may specify the manner and form in which an\napplication shall be submitted to the department for licensure under\nthis article.\n 2. The commissioner may adopt regulations establishing wh…

* § 3398-f. Fees. The department may charge licensees a reasonable\nlicense fee. Such fee may be based on the activities permitted by the\nlicense, the amount of cannabinoid hemp or hemp extract to be processed\nor extracted by the licensee, the gross annual receipts of the lice…

* § 3398-g. Selection criteria. 1. The applicant, if an individual or\nindividuals, shall furnish evidence of the individual's good moral\ncharacter, and if an entity, the applicant shall furnish evidence of the\ngood moral character of the individuals who have or will have\nsub…

* § 3398-h. License renewal. 1. Each license, issued pursuant to this\narticle, may be renewed upon application therefor by the licensee and\nthe payment of the reasonable fee for such license as specified by this\narticle.\n 2. In the case of applications for renewals, the depa…

* § 3398-i. Form of license. Licenses issued pursuant to this article\nshall specify:\n 1. The name and address of the licensee;\n 2. The activities permitted by the license;\n 3. The land, buildings and facilities that may be used for the\nlicensed activities of the licensee;\n…

* § 3398-j. Transferability; amendment to license; change in ownership\nor control. 1. Licenses issued under this article are not transferable,\nabsent written consent of the commissioner.\n 2. Upon application of a licensee, a license may be amended to add or\ndelete permitted …

* § 3398-k. Granting, suspending or revoking licenses. After due\nnotice and an opportunity to be heard, established by rules and\nregulations, the commissioner may decline to grant a new license, impose\nconditions or limits with respect to the grant of a license, modify an\nex…

* § 3398-l. Record keeping and tracking. Every licensee shall keep, in\nsuch form as the commissioner may direct, such relevant records as may\nbe required pursuant to regulations under this article.\n * NB Repealed 6 months after the full cannabis control board created\nby Arti…

* § 3398-m. Packaging and labeling of cannabinoid hemp and hemp\nextract. 1. Cannabinoid hemp processors shall be required to provide\nappropriate label warning to consumers, and restricted from making\nunapproved label claims, as determined by the department, concerning the\npo…

* § 3398-n. Processing of cannabinoid hemp and hemp extract. 1. No\nprocessor shall sell or agree to sell or deliver in the state any\ncannabinoid hemp, hemp extract or product derived therefrom, used for\nhuman consumption, except in sealed containers containing quantities in\n…

* § 3398-o. Laboratory testing. Every cannabinoid hemp processor shall\ncontract with an independent commercial laboratory to test the hemp\nextract and products produced by the licensed processor. The\ncommissioner shall establish the necessary qualifications or\ncertifications…

* § 3398-p. New York hemp product. The commissioner may establish and\nadopt official grades and standards for cannabinoid hemp, hemp extract\nand products derived therefrom, as he or she may deem advisable, which\nare produced for sale in this state and, from time to time, may …

* § 3398-q. Penalties. Notwithstanding the provision of any law to the\ncontrary, the failure to comply with a requirement of this article, or a\nregulation thereunder, may be punishable by a civil penalty of not more\nthan one thousand dollars for a first violation; not more th…

* § 3398-r. Hemp workgroup. The commissioner, in consultation with the\ncommissioner of the department of agriculture and markets, may appoint a\nNew York state hemp and hemp extract workgroup, composed of growers,\nresearchers, producers, processors, manufacturers and trade\nas…

* § 3398-s. Prohibitions. 1. Except as authorized by the United States\nfood and drug administration, the processing of cannabinoid hemp or hemp\nextract used for human consumption is prohibited within the state unless\nthe processor is licensed under this article.\n 2. Cannabin…

* § 3398-t. Special use permits. The commissioner shall have the\nauthority to issue temporary permits for carrying on any activity\nrelated to cannabinoid hemp, hemp extract and products derived\ntherefrom, licensed under this article. The commissioner may set\nreasonable fees …

* § 3398-u. Severability. If any provision of this article or the\napplication thereof to any person or circumstances is held invalid, such\ninvalidity shall not affect other provisions or applications of this\narticle which can be given effect without the invalid provision or\n…

§ 34. Transfer of employees. Upon the transfer of the medical\nassistance program audit and fraud and abuse prevention functions from\nthe department and the offices of mental health, alcoholism and\nsubstance abuse services, temporary disability assistance, and children\nand fa…

§ 340. County or part-county health districts; establishment. 1. (a)\nThe board of supervisors of any county, with the approval of the\ncommissioner shall have power to establish a county or part-county\nhealth district and in such event shall appoint a board of health for\nsuch…

§ 3400. Funeral directing; definitions. As used in this article,\nunless otherwise stated, the following terms shall have the respective\nmeanings hereinafter set forth or indicated:\n (a) "Funeral director" means a person to whom a valid license as such\nhas been duly issued.\n…

§ 3401. Funeral directing; powers and duties of commissioner. 1. The\ncommissioner may, from time to time, make and adopt such rules and\nregulations not inconsistent with law as may be necessary (a) in the\nperformance of his duties and in the administration of the provisions o…

§ 3402. Funeral directing advisory board. 1. There shall be in the\ndepartment a funeral directing advisory board consisting of ten members\nwho shall be appointed by the commissioner of health of whom three shall\nbe representatives of consumer interests, having no pecuniary in…

§ 3403. Funeral directing; fees; fines; penalties; dispositions. 1.\nAll fees, fines, penalties and other moneys derived from the operation\nof this article or rules promulgated pursuant thereto shall be paid to\nthe department and on the fifth day of each month shall be paid by…

§ 3404. Construction; inconsistent provisions of other laws. The\nprovisions of this article shall supersede any inconsistent provisions\nof any general, special, or local law.\n

§ 341. County or part-county health districts; local health districts\nwithin; villages in two counties. 1. Local health districts within the\narea of any county or part-county health district shall continue to\nexist as subdivisions of such health district, and the local boards…

§ 342. County or part-county health districts; withdrawal of a city.\n1. The governing authorities of any city which has consented to be\nincluded in a county or part-county health district, may, at any time\nafter three years shall have elapsed since such city has been included…

§ 3420. Funeral directing; license to practice required; exceptions.\n1. No person shall engage in the business or practice of funeral\ndirecting, undertaking, or embalming or transact or hold himself out as\ntransacting or practicing or as being entitled to transact or practice…

§ 3421. Funeral directing; requirements for license to practice. 1. In\norder to be licensed, an applicant for licensure shall pass a funeral\ndirecting examination prepared or approved by the department to\ndetermine his knowledge and fitness therefor, as required by this\narti…

§ 3422. Funeral directing; licensing examinations; content; procedure.\n1. The commissioner shall determine the subjects of examination of\napplicants for license to practice funeral directing, undertaking or\nembalming, and the scope, content and character, of such examinations…

§ 3423. Funeral directing; undertakers and embalmers; requirements for\nlicense to practice; examinations. 1. The department shall continue to\nhold re-examinations as may be necessary, as provided by former article\nfourteen of the public health law, as amended, and the rules a…

§ 3424. Funeral directing; reports by trainees, employees and schools.\n1. Each trainee and the employer and funeral director school shall:\n (a) maintain and file such periodic records and reports as the\ndepartment shall require; and\n (b) notify the department promptly of any…

§ 3425. Funeral directing; schools; approval. 1. Any school for\nfuneral directors may apply to the commissioner for the issuance of a\ncertificate of approval as maintaining a satisfactory standard, so that\nstudents desiring to engage in the business or practice of funeral\ndi…