Add Art 2 Title 9 §§269-a - 269-n, Pub Health L; add §97-aaaa, St Fin L; amd §218-b, Lab L
Relates to establishing an office of antibiotic-resistance control; establishes the antibiotics education fund; includes methicillin-resistant staphylococcus aureus (MRSA) and other antibiotic-resistant infections in the definition of airborne infectious disease.
STATE OF NEW YORK
________________________________________________________________________
10097
IN ASSEMBLY
April 29, 2022
___________
Introduced by M. of A. L. ROSENTHAL, ENGLEBRIGHT, SIMON -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to establishing an
office of antibiotic-resistance control; to amend the state finance
law, in relation to establishing the antibiotics education fund; and
to amend the labor law, in relation to including methicillin-resistant
staphylococcus aureus (MRSA) and other antibiotic-resistant infections
in the definition of airborne infectious disease
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. Antibiotics are rightfully considered
2 one of the medical miracles of the last century because of their power-
3 ful ability to fight illness and disease caused by bacteria. But the
4 effectiveness of medically important antibiotics is now at great risk
5 due to their misuse and overuse in medicine and agriculture. Many
6 strains of bacteria have evolved resistance to antibiotics, meaning
7 instead of being killed by the drugs, they survive, multiply, and
8 spread. In fact, the more antibiotics are used, the faster antibiotic-
9 resistant bacteria (aka "superbugs") emerge, increasing the risk of
10 contracting an antibiotic-resistant infection. If effective policy meas-
11 ures are not soon adopted, some experts predict that by 2050, antibiot-
12 ic-resistant infections will be responsible for more annual deaths than
13 cancer.
14 In recognition of the serious public health threat posed by antibiot-
15 ic-resistant infections, the United Nations General Assembly in 2016
16 committed to taking action. The World Health Organization (WHO) consid-
17 ers it to be one of the biggest threats to global health, food security,
18 and international development today. The United States Centers for
19 Disease Control and Prevention (CDC) has stated that fighting this
20 threat is a public health priority and estimates that each year, antibi-
21 otic-resistant bacteria are responsible for at least 2.8 million
22 infections in the United States and at least 35,000 deaths. A study
23 commissioned by the United Kingdom government predicts that if action is
24 not taken now to combat antibiotic resistance, by 2050 the annual death
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14978-02-2
A. 10097 2
1 toll will have risen to 10 million globally. Most major medical and
2 health groups in the United States, including the American Medical Asso-
3 ciation, American Academy of Pediatrics, and Infectious Diseases Society
4 of America, have recognized the urgency of the antibiotic-resistance
5 crisis. New York State, in its Prevention Agenda 2019-2024, established
6 Antibiotic Resistance and Healthcare-Associated Infections as one of
7 five major focus areas.
8 Antibiotic-resistant bacteria are bacteria that are immune to the
9 effect of antibiotics. These so-called "superbugs" can infect humans and
10 animals, and the infections they cause are harder and sometimes impossi-
11 ble to treat. Antibiotic resistance is a naturally occurring phenomenon,
12 but the speed at which superbugs are emerging and spreading is acceler-
13 ating due to overuse and misuse of antibiotics in humans and animals.
14 Antibiotic-resistant bacteria are most prevalent in environments associ-
15 ated with high antibiotic use: healthcare settings and animal agricul-
16 ture. Two-thirds of all medically important antibiotics are sold for use
17 in animals. Bacteria that are resistant can spread from person to
18 person, and from animal to person--via the natural environment or
19 contaminated food--and resistance genes can transfer from bacteria to
20 bacteria. Some bacteria have developed resistance to multiple antibiot-
21 ics, making common infectious diseases such as tuberculosis, pneumonia,
22 food poisoning, urinary tract infections (UTIs), and gonorrhea harder
23 and sometimes impossible to treat. Everyone is at risk of exposure to
24 antibiotic-resistant bacteria, but those who work in hospitals and nurs-
25 ing homes, patients in such facilities, and those who work in livestock
26 farming, slaughterhouses, and large animal veterinarian practices have a
27 greater risk of getting antibiotic-resistant infections.
28 Given the current and growing threat posed by antibiotic resistance,
29 the state of New York must organize itself to adequately respond. The
30 WHO and the CDC recommend taking a "One Health" approach, which recog-
31 nizes the interconnectedness of humans and animals in achieving optimal
32 health outcomes.
33 § 2. Article 2 of the public health law is amended by adding a new
34 title 9 to read as follows:
35 TITLE 9
36 ANTIBIOTIC-RESISTANCE CONTROL
37 Section 269-a. Statement of policy and purposes.
38 269-b. Definitions.
39 269-c. Office of antibiotic-resistance control.
40 269-d. Antibiotic-resistance control board.
41 269-e. Organization of antibiotic-resistance control board.
42 269-f. Meetings.
43 269-g. Functions, powers and duties.
44 269-h. Cooperation with other departments.
45 269-i. Evaluation requirements.
46 269-j. Antibiotic-resistance data collection.
47 269-k. Antibiotic stewardship implementation.
48 269-l. Antibiotic-resistance control in agriculture.
49 269-m. Reporting requirements.
50 269-n. Violations.
51 § 269-a. Statement of policy and purposes. The purpose of this title
52 is to codify the establishment of an office to organize the state's
53 efforts to control the spread of antibiotic resistance, coordinate all
54 agencies' responses, and rely on best practices to comprehensively
55 address the public health threat posed by antibiotic resistance.
56 § 269-b. Definitions. As used in this section:
A. 10097 3
1 1. "Antibiotic" means a drug used to treat infections caused by bacte-
2 ria. Antibiotics may either kill or inhibit the growth of bacteria.
3 2. "Antibiotic class" means antibiotic agents with related molecular
4 structures, often with a similar mode of action because of interaction
5 with a similar target and thus subject to a similar mechanism of resist-
6 ance.
7 3. "Antibiotic resistance" means the ability of a bacterium to multi-
8 ply or persist in the presence of an increased level of an antibiotic
9 relative to the susceptible counterpart of the same species.
10 4. "Antibiotic stewardship" means using the optimal selection, dosage,
11 and duration of antibiotic treatment that results in the best clinical
12 outcome for the treatment of infection, with minimal toxicity to the
13 patient and minimal impact on subsequent resistance. Antibiotic steward-
14 ship may also include measures to prevent spread of infection in hospi-
15 tals and animal husbandry practices that prevent spread of infections on
16 farms.
17 5. "Board" means the antibiotic-resistance control board created
18 pursuant to section two hundred sixty-nine-d of this title.
19 6. "Disease control" means administration of antibiotics to a group of
20 animals once a proportion of the animals in the group have been diag-
21 nosed (based on clinical signs or other appropriate diagnostic methods)
22 with an indicated disease.
23 7. "Disease prevention" means administration of antibiotics to a group
24 of animals, none of which have been diagnosed with an indicated disease,
25 when transmission of existing undiagnosed infections, or the introduc-
26 tion of pathogens, is anticipated based on history, clinical judgment,
27 or epidemiological knowledge.
28 8. (a) "Disease treatment" means administration of an antibiotic only
29 to animals diagnosed (based on clinical signs or other appropriate diag-
30 nostic methods) with an indicated disease.
31 (b) Disease treatment includes but is not limited to selective dry cow
32 therapy, whereby individual dairy cows within a herd are determined,
33 when entering a dry cycle, to be likely infected with mastitis based on
34 key indicators including their previous history of disease, somatic cell
35 counts and/or cell cultures, and are administered antibiotics as
36 prescribed by a licensed veterinarian.
37 9. "Foodborne disease" (also referred to as foodborne illness or food
38 poisoning): means any illness that results from the consumption of food,
39 contaminated with pathogenic bacteria, viruses, or parasites.
40 10. "Food-producing animal" means:
41 (a) All cattle, swine, or poultry, regardless of whether the specific
42 animal is raised for the purpose of producing food for human consump-
43 tion; or
44 (b) Any animal of a type that the department of agriculture and
45 markets identifies by rule as livestock typically used to produce food
46 for human consumption, including aquatic and amphibian species.
47 11. "Livestock producer" means a person raising a food-producing
48 animal for commercial purposes.
49 12. "Medically important antibiotic" means a drug that is composed in
50 whole or in part of:
51 (a) A form of the antibiotic classes of penicillin, tetracycline,
52 macrolide, lincosamide, streptogramin, aminoglycoside, sulfonamide,
53 fluoroquinolones, amphenicols, polymyxins, or cephalosporin; or
54 (b) A drug from an antibiotic class that is categorized as critically
55 important, highly important, or important in the World Health Organiza-
56 tion list of critically important antimicrobials for human medicine (6th
A. 10097 4
1 revision, 2019), or a subsequent revision or successor document issued
2 by the World Health Organization that is recognized by rule by the
3 department.
4 13. "Office" means the office of antibiotic-resistance control created
5 pursuant to section two hundred sixty-nine-c of this title.
6 14. "One Health" means taking a collaborative, multisectoral, and
7 transdisciplinary approach to controlling antibiotic resistance, recog-
8 nizing the interconnection between people, animals, plants, and their
9 shared environment.
10 15. "Veterinary feed directive" has the same definition as in section
11 558.3 of title 21 of the code of federal regulations.
12 § 269-c. Office of antibiotic-resistance control. There is hereby
13 created within the department an office of antibiotic-resistance
14 control. Such office shall:
15 1. Integrate and coordinate selected state health antibiotic-resis-
16 tance monitoring, oversight, and education programs based on the centers
17 for disease control's One Health approach to combating antibiotic
18 resistance. As part of this function, the office shall develop a coor-
19 dinated, comprehensive strategy and plan to end the misuse and reduce
20 the overuse of antibiotics in medicine and agriculture in the state. In
21 line with the National Action Plan 2020-2025 created by the Federal Task
22 Force on Combating Antibiotic-Resistant Bacteria, the office shall have
23 a goal for the state of reducing health care-associated antibiotic-re-
24 sistant infections by twenty percent by two thousand twenty-five and
25 community-acquired antibiotic-resistant infections by ten percent by two
26 thousand twenty-five. It shall have a further goal, consistent with the
27 existing goal of the European Union, of reducing use of medically impor-
28 tant antibiotics in food animal production by fifty percent within five
29 years after the effective date of this title, using a baseline estab-
30 lished two years after the effective date of this title.
31 2. Apply for grants, and accept gifts from private and public sources,
32 for research to improve the appropriate use of antibiotics.
33 3. Together with the antibiotic-resistance control board, serve as
34 liaison and advocate on matters relating to the judicious use, unneces-
35 sary use, and misuse of antibiotics. This function shall include the
36 provision of staff support to the antibiotic-resistance control board
37 and the establishment of appropriate program linkages with related
38 federal, state, and local agencies and programs.
39 4. Assist medical schools, veterinarian schools, agricultural schools,
40 and state agencies in the development of antibiotic-resistance control
41 training programs for doctors, veterinarians, medical and veterinary
42 support staff, and farmers, and in the development of educational
43 coursework for medical, veterinary, and agricultural students.
44 5. Promote community strategic planning and new or improved health
45 care delivery systems to reduce the use of antibiotics in health care
46 settings and agricultural settings.
47 6. Review the impact of antibiotic-resistance control programs and
48 regulations on levels of antibiotic-resistant bacteria found in health
49 care settings and agricultural settings, and that are foodborne.
50 § 269-d. Antibiotic-resistance control board. 1. An antibiotic-resis-
51 tance control board is hereby created. Such board shall have five voting
52 members, who shall be the commissioners of health, agriculture and
53 markets, environmental conservation, education, and a public member. In
54 addition, as advisory members, there shall be a dean of a New York state
55 medical college, a dean of a New York state veterinary college, two
56 epidemiologists with expertise in antibiotic resistance, and, six
A. 10097 5
1 members, to be appointed by the governor, however, two shall be upon the
2 recommendation of the speaker of the assembly and two shall be upon the
3 recommendation of the temporary president of the senate. At least one of
4 the six members shall be a representative of the pharmaceutical indus-
5 try, one a representative of the farming community, and four represen-
6 tatives of the public with relevant expertise in, but not limited to,
7 the fields of public health, patient experience, or antibiotic resist-
8 ance. To the extent practicable, these public members shall be represen-
9 tative of the diversity of the state.
10 2. Advisory members appointed by the governor shall serve for terms of
11 three years, such terms to commence on July first and to expire on June
12 thirtieth; provided, however, that of the advisory members first
13 appointed, two shall be appointed for a one-year term expiring one year
14 after the effective date of this title, two shall be appointed for a
15 two-year term expiring two years after the effective date of this title,
16 and the remaining two shall be appointed for full three-year terms. Each
17 such advisory member shall hold office until a successor shall have been
18 appointed and qualified.
19 3. Each voting member and each advisory member of such board may, by
20 official order filed in the office of the board, designate a deputy or
21 other representative in their department to perform their duties under
22 this article.
23 4. The members of the board or their respective designees shall
24 receive no additional compensation for their services as members of the
25 board, but shall be allowed their actual and necessary expenses incurred
26 in the performance of their duties under this title.
27 § 269-e. Organization of antibiotic-resistance control board. 1. The
28 chair of the board shall be the commissioner.
29 2. The board shall appoint an executive secretary who shall act as the
30 administrative agent of the board, keep a record of all meetings of the
31 board and perform such other functions and duties as the board may
32 direct.
33 3. The board may make and adopt by-laws to regulate its proceedings.
34 § 269-f. Meetings. 1. The board shall meet at least once every three
35 months. Special meetings shall be called by the chair on their own
36 initiative or upon the written request of two voting members. Notice of
37 the time, place, and purpose of each meeting shall be transmitted to all
38 members of the board at least ten days prior to any meeting.
39 2. Three voting members of the board shall constitute a quorum to
40 transact the business of the board. A majority vote of members present
41 at the meeting shall be necessary for any action taken by the board.
42 Meetings shall be open to public observers, and meeting records shall be
43 publicly available.
44 § 269-g. Functions, powers and duties. 1. The board (a) may prepare
45 and recommend rules and regulations, or amendment or repeal thereof, for
46 controlling the use of antibiotics in health care and agricultural
47 settings consistent with the declared purpose of this title and (b)
48 shall designate the department or departments by whom such rules or
49 regulations shall be promulgated, administered, and enforced in accord-
50 ance with the functions, powers, and duties of such department or
51 departments prescribed by law. Such rules and regulations shall not be
52 effective until filed in the office of the department of state. Any such
53 action shall be taken only at a meeting upon the affirmative vote in
54 person, electronically or by mail of at least four voting members of the
55 board, exclusive of any deputy or other representative, after a meeting
A. 10097 6
1 with the advisory members of the board and consideration of available
2 scientific evidence.
3 2. To further the declared purpose of this title, the board shall have
4 the following functions, powers, and duties:
5 (a) To prepare and recommend rules and regulations regarding the use
6 of antibiotics in health care and agricultural settings in order to
7 prevent their misuse and overuse and control, and prevent antibiotic
8 resistance.
9 (b) To coordinate the activities and programs of members' departments
10 concerned with the use of antibiotics and the development and spread of
11 antibiotic resistance.
12 (c) To promote and encourage training programs and practices, includ-
13 ing innovative concepts, that can reduce antibiotic use in health care
14 and agricultural settings.
15 (d) To cause such studies, research, and investigations to be made as
16 it may deem advisable and necessary.
17 (e) To hold and appear at public hearings.
18 (f) To collect and compile information and data relating to the use,
19 overuse, and misuse of antibiotics and development and spread of antibi-
20 otic resistance.
21 (g) To advise and assist state departments and agencies upon request.
22 (h) To inform the public concerning the state's efforts to regulate
23 the use of antibiotics and to provide information concerning antibiot-
24 ics, including those used in agriculture.
25 (i) To recommend, where appropriate, that the use of specific antibi-
26 otics be prohibited under specified conditions.
27 (j) To consult and cooperate with the appropriate agencies of the
28 federal government or of other states or local governments to more
29 effectively carry out its functions, powers, and duties under this
30 title.
31 (k) To do all things necessary or reasonable to carry out the forego-
32 ing functions, powers, and duties.
33 § 269-h. Cooperation with other departments. The board may request
34 from any department, division, board, bureau, commission, or other agen-
35 cy of the state, and the same are authorized to provide, without addi-
36 tional compensation, such assistance, services and data as may be neces-
37 sary to carry out the purpose of this title. The board may, within
38 appropriations available therefore, employ such other personnel as may
39 be necessary to carry out its responsibilities under this title.
40 § 269-i. Evaluation requirements. 1. The commissioner shall evaluate
41 the effectiveness of the efforts by the state government to reduce the
42 overuse and misuse of antibiotics.
43 2. The commissioner shall ensure that, to the extent practicable, the
44 most current research findings regarding mechanisms to reduce and change
45 attitudes toward the use of antibiotics are incorporated into the educa-
46 tion and training programs administered by the department.
47 3. To diminish the overuse and misuse of antibiotics and to ensure
48 that the state's programs are effective, the office shall conduct an
49 independent evaluation of the statewide antibiotic-resistance programs.
50 The purpose of this evaluation is to direct the most efficient allo-
51 cation of state resources devoted to controlling antibiotic-resistance
52 within health care settings and agricultural settings. Such evaluation
53 shall be made publicly available on the department's website and
54 provided annually to the governor, the temporary president of the
55 senate, and the speaker of the assembly on or before October first of
A. 10097 7
1 each calendar year. The comprehensive evaluation design shall be guided
2 by the following:
3 (a) Sound evaluation principles including, to the extent feasible,
4 elements of controlled experiments;
5 (b) An evaluation of the comparative effectiveness of individual
6 program designs that shall be used in funding decisions and program
7 modifications; and
8 (c) An evaluation of other programs identified by state agencies,
9 local lead agencies, and federal agencies.
10 § 269-j. Antibiotic-resistance data collection. 1. Notwithstanding any
11 other law, all antibiotic-resistance and infection data collected by the
12 department, and documents pertaining to antibiotic-resistance steward-
13 ship programs, veterinary reports required by federal or state laws, and
14 any other related information as determined by the commissioner, shall
15 be made available to the office.
16 2. The department has the authority to request and receive copies of
17 all veterinary feed directives issued in the state, from veterinarians,
18 livestock owners, feed mills, or distributors to fully implement the
19 provisions of this title.
20 3. The state board of veterinary medicine, the department, and the
21 department of agriculture and markets shall coordinate with the United
22 States department of agriculture, the United States food and drug admin-
23 istration, and the United States centers for disease control and
24 prevention to implement the expanded antibiotic resistance surveillance
25 efforts included in the National Action Plan for Combating Antibiotic-
26 Resistant Bacteria, to obtain a better understanding of the links
27 between antibiotic use patterns in livestock and the development of
28 antibiotic-resistant bacterial infections.
29 4. (a) The department, the state board of veterinary medicine, the
30 department of agriculture and markets, veterinarians, and livestock
31 producers shall gather information on medically important antibiotic
32 sales and usage as well as antibiotic-resistant bacteria and livestock
33 management practice data. Monitoring efforts shall not be duplicative of
34 the National Animal Health Monitoring System or the National Antimicro-
35 bial Resistance Monitoring System, and, to the extent feasible, will
36 coordinate with the United States department of agriculture, the centers
37 for disease control and prevention, and the United States food and drug
38 administration in the development of these efforts.
39 (b) In coordinating with the National Animal Health Monitoring System
40 and the National Antimicrobial Resistance Monitoring System, the depart-
41 ment, the state board of veterinary medicine, and the department of
42 agriculture and markets shall gather representative samples of biolog-
43 ical isolates from all of the following:
44 (i) New York state's major livestock segments;
45 (ii) regions with considerable livestock production; and
46 (iii) representative segments of the food production chain.
47 (c) The department, the state board of veterinary medicine, and the
48 department of agriculture and markets shall report to the legislature
49 three years from the effective date of this title the results of their
50 outreach activities and monitoring efforts.
51 § 269-k. Antibiotic stewardship implementation. 1. Notwithstanding any
52 law to the contrary, the office may request and shall receive reports on
53 hospitals' and nursing homes' antibiotic-resistance and infection
54 stewardship programs.
55 2. The department, in consultation with the state board of veterinary
56 medicine, the department of agriculture and markets, universities, and
A. 10097 8
1 cooperative extensions, shall develop antibiotic stewardship guidelines
2 and best management practices for veterinarians, livestock owners, and
3 their employees who are involved with the administering of medically
4 important antibiotics on the proper use of medically important antibiot-
5 ics for disease treatment and control in food animals. The guidelines
6 shall include scientifically validated practical alternatives to the use
7 of medically important antibiotics, including, but not limited to, good
8 hygiene and management practices. The guidelines shall be reviewed and
9 updated periodically, as necessary.
10 3. The department, in consultation with the state board of veterinary
11 medicine and the department of agriculture and markets, shall consult
12 with livestock producers, licensed veterinarians, and other relevant
13 stakeholders on ensuring that livestock grown in rural areas with limit-
14 ed access to veterinary care have timely access to treatment.
15 4. For the purposes of this section, "antibiotic stewardship" for
16 food-producing animals is a commitment to do all of the following:
17 (a) to use medically important antibiotics only when necessary to
18 treat or control disease;
19 (b) to select the appropriate medically important antibiotic and the
20 appropriate dose, duration, and route of administration;
21 (c) to use medically important antibiotics for the shortest duration
22 necessary and allowable, and to administer them to the fewest animals
23 necessary; and
24 (d) to raise animals under conditions that minimize the need for
25 medically important antibiotics by using vaccines, providing healthy
26 diets, maintaining sanitary housing and other appropriate good husbandry
27 practices.
28 § 269-l. Antibiotic-resistance control in agriculture. 1. Beginning
29 one year from the effective date of this title, medically important
30 antibiotics shall not be administered to a food-producing animal unless
31 ordered by a licensed veterinarian who has visited the farm operation
32 within the previous six months, through a prescription or veterinary
33 feed directive, pursuant to a veterinarian-client-patient relationship
34 that meets the requirements as defined by the state office of
35 professions.
36 2. (a) Beginning two years from the effective date of this title, a
37 livestock producer may administer a medically important antibiotic to a
38 food-producing animal only if a licensed veterinarian, in the exercise
39 of professional judgment, determines that the administration of the
40 medically important antibiotic to the animal is necessary:
41 (i) to control the ongoing spread of a diagnosed disease or infection;
42 (ii) to treat a diagnosed disease or infection; or
43 (iii) in relation to surgical or other medical procedures.
44 (b)(i) Medically important antibiotics shall not be administered by
45 any person to food-producing animals solely for the purposes of promot-
46 ing weight gain, improving feed efficiency, or disease prevention.
47 (ii) Blanket dry cow therapy, whereby all dairy cows in a herd enter-
48 ing a dry cycle are routinely administered an antibiotic to prevent
49 clinical mastitis, is considered a method of disease prevention, and is
50 not authorized.
51 3. A veterinarian who determines that the provision of a medically
52 important antibiotic to a food-producing animal is necessary for a
53 purpose described in this section shall specify an end date for the
54 provision of the antibiotic to the animal.
55 4. A livestock producer may administer a medically important antibiot-
56 ic to a food-producing animal only for the purpose as determined by a
A. 10097 9
1 licensed veterinarian under this title. The livestock producer may
2 provide the antibiotic only for the duration specified by the veterina-
3 rian.
4 § 269-m. Reporting requirements. 1. Veterinarians licensed to practice
5 in New York state, or who are licensed in a bordering state and practice
6 in the state, and who prescribe medically important antibiotics or write
7 a veterinary feed directive (VFD) for one or more sets of food-producing
8 animals located in New York state, shall file an annual report under
9 this section in a form and manner required by the department by rule.
10 This report shall be submitted to the office. If medically important
11 antibiotics were provided under VFDs, then copies of those VFDs issued
12 during the year, prepared in the format recommended by the American
13 Veterinary Medical Association, may constitute the annual report.
14 Medically important antibiotics prescribed to, provided to, or adminis-
15 tered to food-producing animals during the reporting period that are not
16 covered by VFDs, shall also be included in the annual report and shall
17 contain the following information for each such prescription or adminis-
18 tration:
19 (a) Name and address of the livestock producer, and the location of
20 the treated animal or animals;
21 (b) The number of food-producing animals provided with medically
22 important antibiotics;
23 (c) The name of the medically important antibiotic provided;
24 (d) The species of food-producing animals that were provided the
25 medically important antibiotic;
26 (e) The number of days that the medically important antibiotic was
27 intended to be provided to a food-producing animal;
28 (f) The dosage of the medically important antibiotic that was intended
29 to be provided to a food-producing animal;
30 (g) The method of administration of the medically important antibiotic
31 to a food-producing animal;
32 (h) The purpose for providing the medically important antibiotic to a
33 food-producing animal; and
34 (i) The disease or infection, if any, that was intended to be
35 controlled due to the provision of each medically important antibiotic.
36 2. For the purposes of paragraph (h) of subdivision one of this
37 section, the purpose for providing a medically important antibiotic to a
38 food-producing animal shall be reported as:
39 (a) disease control; or
40 (b) disease treatment; or
41 (c) necessary for surgical or other medical procedures.
42 3. Information reported under this section shall be made publicly
43 available by the department annually in an online searchable database of
44 aggregated data. Such database shall protect the identity of a licensed
45 veterinarian, an individual farm, or business.
46 4. The department, state board of veterinary medicine, and the depart-
47 ment of agriculture and markets shall consult as necessary to fulfill
48 the requirements of this section.
49 § 269-n. Violations. 1. A person or entity who violates this title
50 shall be liable for a civil penalty of not more than two hundred fifty
51 dollars per farm operation for each day a violation occurs.
52 2. (a) For a second or subsequent violation, a person or entity who
53 violates this title shall be punishable by an administrative fine in the
54 amount of five hundred dollars per farm operation for each day a
55 violation occurs.
A. 10097 10
1 (b) In addition to the administrative fine, the violator shall attend
2 an educational program to be jointly developed by the department, the
3 department of agriculture and markets, and the state board of veterinary
4 medicine on the judicious use of medically important antibiotics. The
5 violator shall successfully complete the program and provide proof to
6 the board within ninety days from the occurrence of the violation.
7 3. Subdivisions one and two of this section shall not apply to
8 licensed veterinarians. A veterinarian who violates this section is
9 subject to discipline as defined in subarticle three of article one
10 hundred thirty of title eight of the education law.
11 4. The moneys collected pursuant to this title shall be deposited into
12 the antibiotics education fund established pursuant to section ninety-
13 seven-aaaa of the state finance law and be available for expenditure
14 upon appropriation by the legislature.
15 § 3. The state finance law is amended by adding a new section 97-aaaa
16 to read as follows:
17 § 97-aaaa. Antibiotics education fund. 1. There is hereby established
18 in the custody of the state comptroller a special fund to be known as
19 the "antibiotics education fund".
20 2. Such fund shall consist of all monies recovered from the assessment
21 of any penalty authorized by title nine of the public health law.
22 3. Moneys of the fund shall be deposited to the credit of the fund and
23 shall, in addition to any other moneys made available for such purpose,
24 be available to the department of health for the purpose of antibiotics
25 educational programs. All payments from the antibiotics education fund
26 shall be made on the audit and warrant of the state comptroller on
27 vouchers certified and submitted by the commissioner of health.
28 § 4. Paragraph (e) of subdivision 1 of section 218-b of the labor law,
29 as amended by chapter 142 of the laws of 2021, is amended to read as
30 follows:
31 (e) "Airborne infectious disease" shall mean any infectious viral,
32 bacterial or fungal disease that is transmissible through the air in the
33 form of aerosol particles or droplets and is designated by the commis-
34 sioner of health a highly contagious communicable disease that presents
35 a serious risk of harm to the public health. Such diseases shall include
36 methicillin-resistant staphylococcus aureus (MRSA) and other antibiot-
37 ic-resistant infections as established by the commissioner of health.
38 § 5. This act shall take effect one year after it shall have become a
39 law.
