S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10097
 
                           I N  A S S E M B L Y
 
                              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:
 
   Section 1. Legislative findings. Antibiotics are rightfully considered
 one  of the medical miracles of the last century because of their power-
 ful ability to fight illness and disease caused  by  bacteria.  But  the
 effectiveness  of  medically  important antibiotics is now at great risk
 due to their misuse  and  overuse  in  medicine  and  agriculture.  Many
 strains  of  bacteria  have  evolved  resistance to antibiotics, meaning
 instead of being killed  by  the  drugs,  they  survive,  multiply,  and
 spread.  In  fact, the more antibiotics are used, the faster antibiotic-
 resistant bacteria (aka "superbugs")  emerge,  increasing  the  risk  of
 contracting an antibiotic-resistant infection. If effective policy meas-
 ures  are not soon adopted, some experts predict that by 2050, antibiot-
 ic-resistant infections will be responsible for more annual deaths  than
 cancer.
   In  recognition of the serious public health threat posed by antibiot-
 ic-resistant infections, the United Nations  General  Assembly  in  2016
 committed  to taking action. The World Health Organization (WHO) consid-
 ers it to be one of the biggest threats to global health, food security,
 and international development  today.  The  United  States  Centers  for
 Disease  Control  and  Prevention  (CDC)  has  stated that fighting this
 threat is a public health priority and estimates that each year, antibi-
 otic-resistant  bacteria  are  responsible  for  at  least  2.8  million
 infections  in  the  United  States  and at least 35,000 deaths. A study
 commissioned by the United Kingdom government predicts that if action is
 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
 
 toll  will  have  risen  to  10 million globally. Most major medical and
 health groups in the United States, including the American Medical Asso-
 ciation, American Academy of Pediatrics, and Infectious Diseases Society
 of  America,  have  recognized  the urgency of the antibiotic-resistance
 crisis. New York State, in its Prevention Agenda 2019-2024,  established
 Antibiotic  Resistance  and  Healthcare-Associated  Infections as one of
 five major focus areas.
   Antibiotic-resistant bacteria are bacteria  that  are  immune  to  the
 effect of antibiotics. These so-called "superbugs" can infect humans and
 animals, and the infections they cause are harder and sometimes impossi-
 ble to treat. Antibiotic resistance is a naturally occurring phenomenon,
 but  the speed at which superbugs are emerging and spreading is acceler-
 ating due to overuse and misuse of antibiotics in  humans  and  animals.
 Antibiotic-resistant bacteria are most prevalent in environments associ-
 ated  with  high antibiotic use: healthcare settings and animal agricul-
 ture. Two-thirds of all medically important antibiotics are sold for use
 in animals. Bacteria that  are  resistant  can  spread  from  person  to
 person,  and  from  animal  to  person--via  the  natural environment or
 contaminated food--and resistance genes can transfer  from  bacteria  to
 bacteria.  Some bacteria have developed resistance to multiple antibiot-
 ics, making common infectious diseases such as tuberculosis,  pneumonia,
 food  poisoning,  urinary  tract infections (UTIs), and gonorrhea harder
 and sometimes impossible to treat. Everyone is at risk  of  exposure  to
 antibiotic-resistant bacteria, but those who work in hospitals and nurs-
 ing  homes, patients in such facilities, and those who work in livestock
 farming, slaughterhouses, and large animal veterinarian practices have a
 greater risk of getting antibiotic-resistant infections.
   Given the current and growing threat posed by  antibiotic  resistance,
 the  state  of  New York must organize itself to adequately respond. The
 WHO and the CDC recommend taking a "One Health" approach,  which  recog-
 nizes  the interconnectedness of humans and animals in achieving optimal
 health outcomes.
   § 2. Article 2 of the public health law is amended  by  adding  a  new
 title 9 to read as follows:
                                   TITLE 9
                       ANTIBIOTIC-RESISTANCE CONTROL
 SECTION 269-A. STATEMENT OF POLICY AND PURPOSES.
         269-B. DEFINITIONS.
         269-C. OFFICE OF ANTIBIOTIC-RESISTANCE CONTROL.
         269-D. ANTIBIOTIC-RESISTANCE CONTROL BOARD.
         269-E. ORGANIZATION OF ANTIBIOTIC-RESISTANCE CONTROL BOARD.
         269-F. MEETINGS.
         269-G. FUNCTIONS, POWERS AND DUTIES.
         269-H. COOPERATION WITH OTHER DEPARTMENTS.
         269-I. EVALUATION REQUIREMENTS.
         269-J. ANTIBIOTIC-RESISTANCE DATA COLLECTION.
         269-K. ANTIBIOTIC STEWARDSHIP IMPLEMENTATION.
         269-L. ANTIBIOTIC-RESISTANCE CONTROL IN AGRICULTURE.
         269-M. REPORTING REQUIREMENTS.
         269-N. VIOLATIONS.
   § 269-A. STATEMENT  OF  POLICY AND PURPOSES. THE PURPOSE OF THIS TITLE
 IS TO CODIFY THE ESTABLISHMENT OF AN  OFFICE  TO  ORGANIZE  THE  STATE'S
 EFFORTS  TO  CONTROL THE SPREAD OF ANTIBIOTIC RESISTANCE, COORDINATE ALL
 AGENCIES' RESPONSES, AND  RELY  ON  BEST  PRACTICES  TO  COMPREHENSIVELY
 ADDRESS THE PUBLIC HEALTH THREAT POSED BY ANTIBIOTIC RESISTANCE.
   § 269-B. DEFINITIONS. AS USED IN THIS SECTION:
 A. 10097                            3
 
   1. "ANTIBIOTIC" MEANS A DRUG USED TO TREAT INFECTIONS CAUSED BY BACTE-
 RIA.  ANTIBIOTICS MAY EITHER KILL OR INHIBIT THE GROWTH OF BACTERIA.
   2.  "ANTIBIOTIC  CLASS" MEANS ANTIBIOTIC AGENTS WITH RELATED MOLECULAR
 STRUCTURES, OFTEN WITH A SIMILAR MODE OF ACTION BECAUSE  OF  INTERACTION
 WITH A SIMILAR TARGET AND THUS SUBJECT TO A SIMILAR MECHANISM OF RESIST-
 ANCE.
   3.  "ANTIBIOTIC RESISTANCE" MEANS THE ABILITY OF A BACTERIUM TO MULTI-
 PLY OR PERSIST IN THE PRESENCE OF AN INCREASED LEVEL  OF  AN  ANTIBIOTIC
 RELATIVE TO THE SUSCEPTIBLE COUNTERPART OF THE SAME SPECIES.
   4. "ANTIBIOTIC STEWARDSHIP" MEANS USING THE OPTIMAL SELECTION, DOSAGE,
 AND  DURATION  OF ANTIBIOTIC TREATMENT THAT RESULTS IN THE BEST CLINICAL
 OUTCOME FOR THE TREATMENT OF INFECTION, WITH  MINIMAL  TOXICITY  TO  THE
 PATIENT AND MINIMAL IMPACT ON SUBSEQUENT RESISTANCE. ANTIBIOTIC STEWARD-
 SHIP  MAY ALSO INCLUDE MEASURES TO PREVENT SPREAD OF INFECTION IN HOSPI-
 TALS AND ANIMAL HUSBANDRY PRACTICES THAT PREVENT SPREAD OF INFECTIONS ON
 FARMS.
   5. "BOARD"  MEANS  THE  ANTIBIOTIC-RESISTANCE  CONTROL  BOARD  CREATED
 PURSUANT TO SECTION TWO HUNDRED SIXTY-NINE-D OF THIS TITLE.
   6. "DISEASE CONTROL" MEANS ADMINISTRATION OF ANTIBIOTICS TO A GROUP OF
 ANIMALS  ONCE  A  PROPORTION OF THE ANIMALS IN THE GROUP HAVE BEEN DIAG-
 NOSED (BASED ON CLINICAL SIGNS OR OTHER APPROPRIATE DIAGNOSTIC  METHODS)
 WITH AN INDICATED DISEASE.
   7. "DISEASE PREVENTION" MEANS ADMINISTRATION OF ANTIBIOTICS TO A GROUP
 OF ANIMALS, NONE OF WHICH HAVE BEEN DIAGNOSED WITH AN INDICATED DISEASE,
 WHEN  TRANSMISSION  OF EXISTING UNDIAGNOSED INFECTIONS, OR THE INTRODUC-
 TION OF PATHOGENS, IS ANTICIPATED BASED ON HISTORY,  CLINICAL  JUDGMENT,
 OR EPIDEMIOLOGICAL KNOWLEDGE.
   8.  (A) "DISEASE TREATMENT" MEANS ADMINISTRATION OF AN ANTIBIOTIC ONLY
 TO ANIMALS DIAGNOSED (BASED ON CLINICAL SIGNS OR OTHER APPROPRIATE DIAG-
 NOSTIC METHODS) WITH AN INDICATED DISEASE.
   (B) DISEASE TREATMENT INCLUDES BUT IS NOT LIMITED TO SELECTIVE DRY COW
 THERAPY, WHEREBY INDIVIDUAL DAIRY COWS WITHIN  A  HERD  ARE  DETERMINED,
 WHEN  ENTERING A DRY CYCLE, TO BE LIKELY INFECTED WITH MASTITIS BASED ON
 KEY INDICATORS INCLUDING THEIR PREVIOUS HISTORY OF DISEASE, SOMATIC CELL
 COUNTS  AND/OR  CELL  CULTURES,  AND  ARE  ADMINISTERED  ANTIBIOTICS  AS
 PRESCRIBED BY A LICENSED VETERINARIAN.
   9.  "FOODBORNE DISEASE" (ALSO REFERRED TO AS FOODBORNE ILLNESS OR FOOD
 POISONING): MEANS ANY ILLNESS THAT RESULTS FROM THE CONSUMPTION OF FOOD,
 CONTAMINATED WITH PATHOGENIC BACTERIA, VIRUSES, OR PARASITES.
   10. "FOOD-PRODUCING ANIMAL" MEANS:
   (A) ALL CATTLE, SWINE, OR POULTRY, REGARDLESS OF WHETHER THE  SPECIFIC
 ANIMAL  IS  RAISED  FOR THE PURPOSE OF PRODUCING FOOD FOR HUMAN CONSUMP-
 TION; OR
   (B) ANY ANIMAL OF A  TYPE  THAT  THE  DEPARTMENT  OF  AGRICULTURE  AND
 MARKETS  IDENTIFIES  BY RULE AS LIVESTOCK TYPICALLY USED TO PRODUCE FOOD
 FOR HUMAN CONSUMPTION, INCLUDING AQUATIC AND AMPHIBIAN SPECIES.
   11. "LIVESTOCK PRODUCER"  MEANS  A  PERSON  RAISING  A  FOOD-PRODUCING
 ANIMAL FOR COMMERCIAL PURPOSES.
   12.  "MEDICALLY IMPORTANT ANTIBIOTIC" MEANS A DRUG THAT IS COMPOSED IN
 WHOLE OR IN PART OF:
   (A) A FORM OF THE  ANTIBIOTIC  CLASSES  OF  PENICILLIN,  TETRACYCLINE,
 MACROLIDE,   LINCOSAMIDE,  STREPTOGRAMIN,  AMINOGLYCOSIDE,  SULFONAMIDE,
 FLUOROQUINOLONES, AMPHENICOLS, POLYMYXINS, OR CEPHALOSPORIN; OR
   (B) A DRUG FROM AN ANTIBIOTIC CLASS THAT IS CATEGORIZED AS  CRITICALLY
 IMPORTANT,  HIGHLY IMPORTANT, OR IMPORTANT IN THE WORLD HEALTH ORGANIZA-
 TION LIST OF CRITICALLY IMPORTANT ANTIMICROBIALS FOR HUMAN MEDICINE (6TH
 A. 10097                            4
 
 REVISION, 2019), OR A SUBSEQUENT REVISION OR SUCCESSOR  DOCUMENT  ISSUED
 BY  THE  WORLD  HEALTH  ORGANIZATION  THAT  IS RECOGNIZED BY RULE BY THE
 DEPARTMENT.
   13. "OFFICE" MEANS THE OFFICE OF ANTIBIOTIC-RESISTANCE CONTROL CREATED
 PURSUANT TO SECTION TWO HUNDRED SIXTY-NINE-C OF THIS TITLE.
   14.  "ONE  HEALTH"  MEANS  TAKING  A COLLABORATIVE, MULTISECTORAL, AND
 TRANSDISCIPLINARY APPROACH TO CONTROLLING ANTIBIOTIC RESISTANCE,  RECOG-
 NIZING  THE  INTERCONNECTION  BETWEEN PEOPLE, ANIMALS, PLANTS, AND THEIR
 SHARED ENVIRONMENT.
   15. "VETERINARY FEED DIRECTIVE" HAS THE SAME DEFINITION AS IN  SECTION
 558.3 OF TITLE 21 OF THE CODE OF FEDERAL REGULATIONS.
   §  269-C.  OFFICE  OF  ANTIBIOTIC-RESISTANCE  CONTROL. THERE IS HEREBY
 CREATED  WITHIN  THE  DEPARTMENT  AN  OFFICE  OF   ANTIBIOTIC-RESISTANCE
 CONTROL. SUCH OFFICE SHALL:
   1.  INTEGRATE  AND  COORDINATE SELECTED STATE HEALTH ANTIBIOTIC-RESIS-
 TANCE MONITORING, OVERSIGHT, AND EDUCATION PROGRAMS BASED ON THE CENTERS
 FOR DISEASE  CONTROL'S  ONE  HEALTH  APPROACH  TO  COMBATING  ANTIBIOTIC
 RESISTANCE.   AS PART OF THIS FUNCTION, THE OFFICE SHALL DEVELOP A COOR-
 DINATED, COMPREHENSIVE STRATEGY AND PLAN TO END THE  MISUSE  AND  REDUCE
 THE  OVERUSE OF ANTIBIOTICS IN MEDICINE AND AGRICULTURE IN THE STATE. IN
 LINE WITH THE NATIONAL ACTION PLAN 2020-2025 CREATED BY THE FEDERAL TASK
 FORCE ON COMBATING ANTIBIOTIC-RESISTANT BACTERIA, THE OFFICE SHALL  HAVE
 A  GOAL  FOR THE STATE OF REDUCING HEALTH CARE-ASSOCIATED ANTIBIOTIC-RE-
 SISTANT INFECTIONS BY TWENTY PERCENT BY  TWO  THOUSAND  TWENTY-FIVE  AND
 COMMUNITY-ACQUIRED ANTIBIOTIC-RESISTANT INFECTIONS BY TEN PERCENT BY TWO
 THOUSAND  TWENTY-FIVE. IT SHALL HAVE A FURTHER GOAL, CONSISTENT WITH THE
 EXISTING GOAL OF THE EUROPEAN UNION, OF REDUCING USE OF MEDICALLY IMPOR-
 TANT ANTIBIOTICS IN FOOD ANIMAL PRODUCTION BY FIFTY PERCENT WITHIN  FIVE
 YEARS  AFTER  THE  EFFECTIVE DATE OF THIS TITLE, USING A BASELINE ESTAB-
 LISHED TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE.
   2. APPLY FOR GRANTS, AND ACCEPT GIFTS FROM PRIVATE AND PUBLIC SOURCES,
 FOR RESEARCH TO IMPROVE THE APPROPRIATE USE OF ANTIBIOTICS.
   3. TOGETHER WITH THE ANTIBIOTIC-RESISTANCE  CONTROL  BOARD,  SERVE  AS
 LIAISON  AND ADVOCATE ON MATTERS RELATING TO THE JUDICIOUS USE, UNNECES-
 SARY USE, AND MISUSE OF ANTIBIOTICS. THIS  FUNCTION  SHALL  INCLUDE  THE
 PROVISION  OF  STAFF  SUPPORT TO THE ANTIBIOTIC-RESISTANCE CONTROL BOARD
 AND THE ESTABLISHMENT  OF  APPROPRIATE  PROGRAM  LINKAGES  WITH  RELATED
 FEDERAL, STATE, AND LOCAL AGENCIES AND PROGRAMS.
   4. ASSIST MEDICAL SCHOOLS, VETERINARIAN SCHOOLS, AGRICULTURAL SCHOOLS,
 AND  STATE  AGENCIES IN THE DEVELOPMENT OF ANTIBIOTIC-RESISTANCE CONTROL
 TRAINING PROGRAMS FOR DOCTORS,  VETERINARIANS,  MEDICAL  AND  VETERINARY
 SUPPORT  STAFF,  AND  FARMERS,  AND  IN  THE  DEVELOPMENT OF EDUCATIONAL
 COURSEWORK FOR MEDICAL, VETERINARY, AND AGRICULTURAL STUDENTS.
   5. PROMOTE COMMUNITY STRATEGIC PLANNING AND  NEW  OR  IMPROVED  HEALTH
 CARE  DELIVERY  SYSTEMS  TO REDUCE THE USE OF ANTIBIOTICS IN HEALTH CARE
 SETTINGS AND AGRICULTURAL SETTINGS.
   6. REVIEW THE IMPACT OF  ANTIBIOTIC-RESISTANCE  CONTROL  PROGRAMS  AND
 REGULATIONS  ON  LEVELS OF ANTIBIOTIC-RESISTANT BACTERIA FOUND IN HEALTH
 CARE SETTINGS AND AGRICULTURAL SETTINGS, AND THAT ARE FOODBORNE.
   § 269-D. ANTIBIOTIC-RESISTANCE CONTROL BOARD. 1. AN  ANTIBIOTIC-RESIS-
 TANCE CONTROL BOARD IS HEREBY CREATED. SUCH BOARD SHALL HAVE FIVE VOTING
 MEMBERS,  WHO  SHALL  BE  THE  COMMISSIONERS  OF HEALTH, AGRICULTURE AND
 MARKETS, ENVIRONMENTAL CONSERVATION, EDUCATION, AND A PUBLIC MEMBER.  IN
 ADDITION, AS ADVISORY MEMBERS, THERE SHALL BE A DEAN OF A NEW YORK STATE
 MEDICAL  COLLEGE,  A  DEAN  OF  A NEW YORK STATE VETERINARY COLLEGE, TWO
 EPIDEMIOLOGISTS  WITH  EXPERTISE  IN  ANTIBIOTIC  RESISTANCE,  AND,  SIX
 A. 10097                            5
 
 MEMBERS, TO BE APPOINTED BY THE GOVERNOR, HOWEVER, TWO SHALL BE UPON THE
 RECOMMENDATION  OF THE SPEAKER OF THE ASSEMBLY AND TWO SHALL BE UPON THE
 RECOMMENDATION OF THE TEMPORARY PRESIDENT OF THE SENATE. AT LEAST ONE OF
 THE  SIX  MEMBERS SHALL BE A REPRESENTATIVE OF THE PHARMACEUTICAL INDUS-
 TRY, ONE A REPRESENTATIVE OF THE FARMING COMMUNITY, AND  FOUR  REPRESEN-
 TATIVES  OF  THE  PUBLIC WITH RELEVANT EXPERTISE IN, BUT NOT LIMITED TO,
 THE FIELDS OF PUBLIC HEALTH, PATIENT EXPERIENCE, OR  ANTIBIOTIC  RESIST-
 ANCE. TO THE EXTENT PRACTICABLE, THESE PUBLIC MEMBERS SHALL BE REPRESEN-
 TATIVE OF THE DIVERSITY OF THE STATE.
   2. ADVISORY MEMBERS APPOINTED BY THE GOVERNOR SHALL SERVE FOR TERMS OF
 THREE  YEARS, SUCH TERMS TO COMMENCE ON JULY FIRST AND TO EXPIRE ON JUNE
 THIRTIETH;  PROVIDED,  HOWEVER,  THAT  OF  THE  ADVISORY  MEMBERS  FIRST
 APPOINTED,  TWO SHALL BE APPOINTED FOR A ONE-YEAR TERM EXPIRING ONE YEAR
 AFTER THE EFFECTIVE DATE OF THIS TITLE, TWO SHALL  BE  APPOINTED  FOR  A
 TWO-YEAR TERM EXPIRING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS TITLE,
 AND THE REMAINING TWO SHALL BE APPOINTED FOR FULL THREE-YEAR TERMS. EACH
 SUCH ADVISORY MEMBER SHALL HOLD OFFICE UNTIL A SUCCESSOR SHALL HAVE BEEN
 APPOINTED AND QUALIFIED.
   3.  EACH  VOTING MEMBER AND EACH ADVISORY MEMBER OF SUCH BOARD MAY, BY
 OFFICIAL ORDER FILED IN THE OFFICE OF THE BOARD, DESIGNATE A  DEPUTY  OR
 OTHER  REPRESENTATIVE  IN THEIR DEPARTMENT TO PERFORM THEIR DUTIES UNDER
 THIS ARTICLE.
   4. THE MEMBERS OF  THE  BOARD  OR  THEIR  RESPECTIVE  DESIGNEES  SHALL
 RECEIVE  NO ADDITIONAL COMPENSATION FOR THEIR SERVICES AS MEMBERS OF THE
 BOARD, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES INCURRED
 IN THE PERFORMANCE OF THEIR DUTIES UNDER THIS TITLE.
   § 269-E. ORGANIZATION OF ANTIBIOTIC-RESISTANCE CONTROL BOARD.  1.  THE
 CHAIR OF THE BOARD SHALL BE THE COMMISSIONER.
   2. THE BOARD SHALL APPOINT AN EXECUTIVE SECRETARY WHO SHALL ACT AS THE
 ADMINISTRATIVE  AGENT OF THE BOARD, KEEP A RECORD OF ALL MEETINGS OF THE
 BOARD AND PERFORM SUCH OTHER FUNCTIONS  AND  DUTIES  AS  THE  BOARD  MAY
 DIRECT.
   3. THE BOARD MAY MAKE AND ADOPT BY-LAWS TO REGULATE ITS PROCEEDINGS.
   §  269-F.  MEETINGS. 1. THE BOARD SHALL MEET AT LEAST ONCE EVERY THREE
 MONTHS. SPECIAL MEETINGS SHALL BE CALLED  BY  THE  CHAIR  ON  THEIR  OWN
 INITIATIVE  OR UPON THE WRITTEN REQUEST OF TWO VOTING MEMBERS. NOTICE OF
 THE TIME, PLACE, AND PURPOSE OF EACH MEETING SHALL BE TRANSMITTED TO ALL
 MEMBERS OF THE BOARD AT LEAST TEN DAYS PRIOR TO ANY MEETING.
   2. THREE VOTING MEMBERS OF THE BOARD  SHALL  CONSTITUTE  A  QUORUM  TO
 TRANSACT  THE  BUSINESS OF THE BOARD. A MAJORITY VOTE OF MEMBERS PRESENT
 AT THE MEETING SHALL BE NECESSARY FOR ANY ACTION  TAKEN  BY  THE  BOARD.
 MEETINGS SHALL BE OPEN TO PUBLIC OBSERVERS, AND MEETING RECORDS SHALL BE
 PUBLICLY AVAILABLE.
   §  269-G.  FUNCTIONS,  POWERS AND DUTIES. 1. THE BOARD (A) MAY PREPARE
 AND RECOMMEND RULES AND REGULATIONS, OR AMENDMENT OR REPEAL THEREOF, FOR
 CONTROLLING THE USE OF  ANTIBIOTICS  IN  HEALTH  CARE  AND  AGRICULTURAL
 SETTINGS  CONSISTENT  WITH  THE  DECLARED  PURPOSE OF THIS TITLE AND (B)
 SHALL DESIGNATE THE DEPARTMENT OR DEPARTMENTS  BY  WHOM  SUCH  RULES  OR
 REGULATIONS  SHALL BE PROMULGATED, ADMINISTERED, AND ENFORCED IN ACCORD-
 ANCE WITH THE FUNCTIONS,  POWERS,  AND  DUTIES  OF  SUCH  DEPARTMENT  OR
 DEPARTMENTS  PRESCRIBED  BY LAW. SUCH RULES AND REGULATIONS SHALL NOT BE
 EFFECTIVE UNTIL FILED IN THE OFFICE OF THE DEPARTMENT OF STATE. ANY SUCH
 ACTION SHALL BE TAKEN ONLY AT A MEETING UPON  THE  AFFIRMATIVE  VOTE  IN
 PERSON, ELECTRONICALLY OR BY MAIL OF AT LEAST FOUR VOTING MEMBERS OF THE
 BOARD,  EXCLUSIVE OF ANY DEPUTY OR OTHER REPRESENTATIVE, AFTER A MEETING
 A. 10097                            6
 
 WITH THE ADVISORY MEMBERS OF THE BOARD AND  CONSIDERATION  OF  AVAILABLE
 SCIENTIFIC EVIDENCE.
   2. TO FURTHER THE DECLARED PURPOSE OF THIS TITLE, THE BOARD SHALL HAVE
 THE FOLLOWING FUNCTIONS, POWERS, AND DUTIES:
   (A)  TO  PREPARE AND RECOMMEND RULES AND REGULATIONS REGARDING THE USE
 OF ANTIBIOTICS IN HEALTH CARE AND  AGRICULTURAL  SETTINGS  IN  ORDER  TO
 PREVENT  THEIR  MISUSE  AND  OVERUSE AND CONTROL, AND PREVENT ANTIBIOTIC
 RESISTANCE.
   (B) TO COORDINATE THE ACTIVITIES AND PROGRAMS OF MEMBERS'  DEPARTMENTS
 CONCERNED  WITH THE USE OF ANTIBIOTICS AND THE DEVELOPMENT AND SPREAD OF
 ANTIBIOTIC RESISTANCE.
   (C) TO PROMOTE AND ENCOURAGE TRAINING PROGRAMS AND PRACTICES,  INCLUD-
 ING  INNOVATIVE  CONCEPTS, THAT CAN REDUCE ANTIBIOTIC USE IN HEALTH CARE
 AND AGRICULTURAL SETTINGS.
   (D) TO CAUSE SUCH STUDIES, RESEARCH, AND INVESTIGATIONS TO BE MADE  AS
 IT MAY DEEM ADVISABLE AND NECESSARY.
   (E) TO HOLD AND APPEAR AT PUBLIC HEARINGS.
   (F)  TO  COLLECT AND COMPILE INFORMATION AND DATA RELATING TO THE USE,
 OVERUSE, AND MISUSE OF ANTIBIOTICS AND DEVELOPMENT AND SPREAD OF ANTIBI-
 OTIC RESISTANCE.
   (G) TO ADVISE AND ASSIST STATE DEPARTMENTS AND AGENCIES UPON REQUEST.
   (H) TO INFORM THE PUBLIC CONCERNING THE STATE'S  EFFORTS  TO  REGULATE
 THE  USE  OF ANTIBIOTICS AND TO PROVIDE INFORMATION CONCERNING ANTIBIOT-
 ICS, INCLUDING THOSE USED IN AGRICULTURE.
   (I) TO RECOMMEND, WHERE APPROPRIATE, THAT THE USE OF SPECIFIC  ANTIBI-
 OTICS BE PROHIBITED UNDER SPECIFIED CONDITIONS.
   (J)  TO  CONSULT  AND  COOPERATE  WITH THE APPROPRIATE AGENCIES OF THE
 FEDERAL GOVERNMENT OR OF OTHER  STATES  OR  LOCAL  GOVERNMENTS  TO  MORE
 EFFECTIVELY  CARRY  OUT  ITS  FUNCTIONS,  POWERS,  AND DUTIES UNDER THIS
 TITLE.
   (K) TO DO ALL THINGS NECESSARY OR REASONABLE TO CARRY OUT THE  FOREGO-
 ING FUNCTIONS, POWERS, AND DUTIES.
   §  269-H.  COOPERATION  WITH  OTHER DEPARTMENTS. THE BOARD MAY REQUEST
 FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION, OR OTHER AGEN-
 CY OF THE STATE, AND THE SAME ARE AUTHORIZED TO PROVIDE,  WITHOUT  ADDI-
 TIONAL COMPENSATION, SUCH ASSISTANCE, SERVICES AND DATA AS MAY BE NECES-
 SARY  TO  CARRY  OUT  THE  PURPOSE  OF THIS TITLE. THE BOARD MAY, WITHIN
 APPROPRIATIONS AVAILABLE THEREFORE, EMPLOY SUCH OTHER PERSONNEL  AS  MAY
 BE NECESSARY TO CARRY OUT ITS RESPONSIBILITIES UNDER THIS TITLE.
   §  269-I.  EVALUATION REQUIREMENTS. 1. THE COMMISSIONER SHALL EVALUATE
 THE EFFECTIVENESS OF THE EFFORTS BY THE STATE GOVERNMENT TO  REDUCE  THE
 OVERUSE AND MISUSE OF ANTIBIOTICS.
   2.  THE COMMISSIONER SHALL ENSURE THAT, TO THE EXTENT PRACTICABLE, THE
 MOST CURRENT RESEARCH FINDINGS REGARDING MECHANISMS TO REDUCE AND CHANGE
 ATTITUDES TOWARD THE USE OF ANTIBIOTICS ARE INCORPORATED INTO THE EDUCA-
 TION AND TRAINING PROGRAMS ADMINISTERED BY THE DEPARTMENT.
   3. TO DIMINISH THE OVERUSE AND MISUSE OF  ANTIBIOTICS  AND  TO  ENSURE
 THAT  THE  STATE'S  PROGRAMS  ARE EFFECTIVE, THE OFFICE SHALL CONDUCT AN
 INDEPENDENT EVALUATION OF THE STATEWIDE ANTIBIOTIC-RESISTANCE  PROGRAMS.
 THE  PURPOSE  OF  THIS  EVALUATION IS TO DIRECT THE MOST EFFICIENT ALLO-
 CATION OF STATE RESOURCES DEVOTED TO  CONTROLLING  ANTIBIOTIC-RESISTANCE
 WITHIN  HEALTH  CARE SETTINGS AND AGRICULTURAL SETTINGS. SUCH EVALUATION
 SHALL BE  MADE  PUBLICLY  AVAILABLE  ON  THE  DEPARTMENT'S  WEBSITE  AND
 PROVIDED  ANNUALLY  TO  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT OF THE
 SENATE, AND THE SPEAKER OF THE ASSEMBLY ON OR BEFORE  OCTOBER  FIRST  OF
 A. 10097                            7
 
 EACH  CALENDAR YEAR. THE COMPREHENSIVE EVALUATION DESIGN SHALL BE GUIDED
 BY THE FOLLOWING:
   (A)  SOUND  EVALUATION  PRINCIPLES  INCLUDING, TO THE EXTENT FEASIBLE,
 ELEMENTS OF CONTROLLED EXPERIMENTS;
   (B) AN EVALUATION  OF  THE  COMPARATIVE  EFFECTIVENESS  OF  INDIVIDUAL
 PROGRAM  DESIGNS  THAT  SHALL  BE  USED IN FUNDING DECISIONS AND PROGRAM
 MODIFICATIONS; AND
   (C) AN EVALUATION OF OTHER  PROGRAMS  IDENTIFIED  BY  STATE  AGENCIES,
 LOCAL LEAD AGENCIES, AND FEDERAL AGENCIES.
   § 269-J. ANTIBIOTIC-RESISTANCE DATA COLLECTION. 1. NOTWITHSTANDING ANY
 OTHER LAW, ALL ANTIBIOTIC-RESISTANCE AND INFECTION DATA COLLECTED BY THE
 DEPARTMENT,  AND  DOCUMENTS PERTAINING TO ANTIBIOTIC-RESISTANCE STEWARD-
 SHIP PROGRAMS, VETERINARY REPORTS REQUIRED BY FEDERAL OR STATE LAWS, AND
 ANY OTHER RELATED INFORMATION AS DETERMINED BY THE  COMMISSIONER,  SHALL
 BE MADE AVAILABLE TO THE OFFICE.
   2.  THE  DEPARTMENT HAS THE AUTHORITY TO REQUEST AND RECEIVE COPIES OF
 ALL VETERINARY FEED DIRECTIVES ISSUED IN THE STATE, FROM  VETERINARIANS,
 LIVESTOCK  OWNERS,  FEED  MILLS,  OR DISTRIBUTORS TO FULLY IMPLEMENT THE
 PROVISIONS OF THIS TITLE.
   3. THE STATE BOARD OF VETERINARY MEDICINE,  THE  DEPARTMENT,  AND  THE
 DEPARTMENT  OF  AGRICULTURE AND MARKETS SHALL COORDINATE WITH THE UNITED
 STATES DEPARTMENT OF AGRICULTURE, THE UNITED STATES FOOD AND DRUG ADMIN-
 ISTRATION, AND  THE  UNITED  STATES  CENTERS  FOR  DISEASE  CONTROL  AND
 PREVENTION  TO IMPLEMENT THE EXPANDED ANTIBIOTIC RESISTANCE SURVEILLANCE
 EFFORTS INCLUDED IN THE NATIONAL ACTION PLAN FOR  COMBATING  ANTIBIOTIC-
 RESISTANT  BACTERIA,  TO  OBTAIN  A  BETTER  UNDERSTANDING  OF THE LINKS
 BETWEEN ANTIBIOTIC USE PATTERNS IN  LIVESTOCK  AND  THE  DEVELOPMENT  OF
 ANTIBIOTIC-RESISTANT BACTERIAL INFECTIONS.
   4.  (A)  THE  DEPARTMENT,  THE STATE BOARD OF VETERINARY MEDICINE, THE
 DEPARTMENT OF AGRICULTURE  AND  MARKETS,  VETERINARIANS,  AND  LIVESTOCK
 PRODUCERS  SHALL  GATHER  INFORMATION  ON MEDICALLY IMPORTANT ANTIBIOTIC
 SALES AND USAGE AS WELL AS ANTIBIOTIC-RESISTANT BACTERIA  AND  LIVESTOCK
 MANAGEMENT PRACTICE DATA. MONITORING EFFORTS SHALL NOT BE DUPLICATIVE OF
 THE  NATIONAL ANIMAL HEALTH MONITORING SYSTEM OR THE NATIONAL ANTIMICRO-
 BIAL RESISTANCE MONITORING SYSTEM, AND, TO  THE  EXTENT  FEASIBLE,  WILL
 COORDINATE WITH THE UNITED STATES DEPARTMENT OF AGRICULTURE, THE CENTERS
 FOR  DISEASE CONTROL AND PREVENTION, AND THE UNITED STATES FOOD AND DRUG
 ADMINISTRATION IN THE DEVELOPMENT OF THESE EFFORTS.
   (B) IN COORDINATING WITH THE NATIONAL ANIMAL HEALTH MONITORING  SYSTEM
 AND THE NATIONAL ANTIMICROBIAL RESISTANCE MONITORING SYSTEM, THE DEPART-
 MENT,  THE  STATE  BOARD  OF  VETERINARY MEDICINE, AND THE DEPARTMENT OF
 AGRICULTURE AND MARKETS SHALL GATHER REPRESENTATIVE SAMPLES  OF  BIOLOG-
 ICAL ISOLATES FROM ALL OF THE FOLLOWING:
   (I) NEW YORK STATE'S MAJOR LIVESTOCK SEGMENTS;
   (II) REGIONS WITH CONSIDERABLE LIVESTOCK PRODUCTION; AND
   (III) REPRESENTATIVE SEGMENTS OF THE FOOD PRODUCTION CHAIN.
   (C)  THE  DEPARTMENT,  THE STATE BOARD OF VETERINARY MEDICINE, AND THE
 DEPARTMENT OF AGRICULTURE AND MARKETS SHALL REPORT  TO  THE  LEGISLATURE
 THREE  YEARS  FROM THE EFFECTIVE DATE OF THIS TITLE THE RESULTS OF THEIR
 OUTREACH ACTIVITIES AND MONITORING EFFORTS.
   § 269-K. ANTIBIOTIC STEWARDSHIP IMPLEMENTATION. 1. NOTWITHSTANDING ANY
 LAW TO THE CONTRARY, THE OFFICE MAY REQUEST AND SHALL RECEIVE REPORTS ON
 HOSPITALS'  AND  NURSING  HOMES'  ANTIBIOTIC-RESISTANCE  AND   INFECTION
 STEWARDSHIP PROGRAMS.
   2.  THE DEPARTMENT, IN CONSULTATION WITH THE STATE BOARD OF VETERINARY
 MEDICINE, THE DEPARTMENT OF AGRICULTURE AND MARKETS,  UNIVERSITIES,  AND
 A. 10097                            8
 
 COOPERATIVE  EXTENSIONS, SHALL DEVELOP ANTIBIOTIC STEWARDSHIP GUIDELINES
 AND BEST MANAGEMENT PRACTICES FOR VETERINARIANS, LIVESTOCK  OWNERS,  AND
 THEIR  EMPLOYEES  WHO  ARE  INVOLVED WITH THE ADMINISTERING OF MEDICALLY
 IMPORTANT ANTIBIOTICS ON THE PROPER USE OF MEDICALLY IMPORTANT ANTIBIOT-
 ICS  FOR  DISEASE  TREATMENT AND CONTROL IN FOOD ANIMALS. THE GUIDELINES
 SHALL INCLUDE SCIENTIFICALLY VALIDATED PRACTICAL ALTERNATIVES TO THE USE
 OF MEDICALLY IMPORTANT ANTIBIOTICS, INCLUDING, BUT NOT LIMITED TO,  GOOD
 HYGIENE  AND  MANAGEMENT PRACTICES. THE GUIDELINES SHALL BE REVIEWED AND
 UPDATED PERIODICALLY, AS NECESSARY.
   3. THE DEPARTMENT, IN CONSULTATION WITH THE STATE BOARD OF  VETERINARY
 MEDICINE  AND  THE  DEPARTMENT OF AGRICULTURE AND MARKETS, SHALL CONSULT
 WITH LIVESTOCK PRODUCERS, LICENSED  VETERINARIANS,  AND  OTHER  RELEVANT
 STAKEHOLDERS ON ENSURING THAT LIVESTOCK GROWN IN RURAL AREAS WITH LIMIT-
 ED ACCESS TO VETERINARY CARE HAVE TIMELY ACCESS TO TREATMENT.
   4.  FOR  THE  PURPOSES  OF  THIS SECTION, "ANTIBIOTIC STEWARDSHIP" FOR
 FOOD-PRODUCING ANIMALS IS A COMMITMENT TO DO ALL OF THE FOLLOWING:
   (A) TO USE MEDICALLY IMPORTANT  ANTIBIOTICS  ONLY  WHEN  NECESSARY  TO
 TREAT OR CONTROL DISEASE;
   (B)  TO  SELECT THE APPROPRIATE MEDICALLY IMPORTANT ANTIBIOTIC AND THE
 APPROPRIATE DOSE, DURATION, AND ROUTE OF ADMINISTRATION;
   (C) TO USE MEDICALLY IMPORTANT ANTIBIOTICS FOR THE  SHORTEST  DURATION
 NECESSARY  AND  ALLOWABLE,  AND TO ADMINISTER THEM TO THE FEWEST ANIMALS
 NECESSARY; AND
   (D) TO RAISE ANIMALS UNDER  CONDITIONS  THAT  MINIMIZE  THE  NEED  FOR
 MEDICALLY  IMPORTANT  ANTIBIOTICS  BY  USING VACCINES, PROVIDING HEALTHY
 DIETS, MAINTAINING SANITARY HOUSING AND OTHER APPROPRIATE GOOD HUSBANDRY
 PRACTICES.
   § 269-L. ANTIBIOTIC-RESISTANCE CONTROL IN  AGRICULTURE.  1.  BEGINNING
 ONE  YEAR  FROM  THE  EFFECTIVE  DATE OF THIS TITLE, MEDICALLY IMPORTANT
 ANTIBIOTICS SHALL NOT BE ADMINISTERED TO A FOOD-PRODUCING ANIMAL  UNLESS
 ORDERED  BY  A  LICENSED VETERINARIAN WHO HAS VISITED THE FARM OPERATION
 WITHIN THE PREVIOUS SIX MONTHS, THROUGH  A  PRESCRIPTION  OR  VETERINARY
 FEED  DIRECTIVE,  PURSUANT TO A VETERINARIAN-CLIENT-PATIENT RELATIONSHIP
 THAT  MEETS  THE  REQUIREMENTS  AS  DEFINED  BY  THE  STATE  OFFICE   OF
 PROFESSIONS.
   2.  (A)  BEGINNING  TWO YEARS FROM THE EFFECTIVE DATE OF THIS TITLE, A
 LIVESTOCK PRODUCER MAY ADMINISTER A MEDICALLY IMPORTANT ANTIBIOTIC TO  A
 FOOD-PRODUCING  ANIMAL  ONLY IF A LICENSED VETERINARIAN, IN THE EXERCISE
 OF PROFESSIONAL JUDGMENT, DETERMINES  THAT  THE  ADMINISTRATION  OF  THE
 MEDICALLY IMPORTANT ANTIBIOTIC TO THE ANIMAL IS NECESSARY:
   (I) TO CONTROL THE ONGOING SPREAD OF A DIAGNOSED DISEASE OR INFECTION;
   (II) TO TREAT A DIAGNOSED DISEASE OR INFECTION; OR
   (III) IN RELATION TO SURGICAL OR OTHER MEDICAL PROCEDURES.
   (B)(I)  MEDICALLY  IMPORTANT  ANTIBIOTICS SHALL NOT BE ADMINISTERED BY
 ANY PERSON TO FOOD-PRODUCING ANIMALS SOLELY FOR THE PURPOSES OF  PROMOT-
 ING WEIGHT GAIN, IMPROVING FEED EFFICIENCY, OR DISEASE PREVENTION.
   (II)  BLANKET DRY COW THERAPY, WHEREBY ALL DAIRY COWS IN A HERD ENTER-
 ING A DRY CYCLE ARE ROUTINELY  ADMINISTERED  AN  ANTIBIOTIC  TO  PREVENT
 CLINICAL  MASTITIS, IS CONSIDERED A METHOD OF DISEASE PREVENTION, AND IS
 NOT AUTHORIZED.
   3. A VETERINARIAN WHO DETERMINES THAT THE  PROVISION  OF  A  MEDICALLY
 IMPORTANT  ANTIBIOTIC  TO  A  FOOD-PRODUCING  ANIMAL  IS NECESSARY FOR A
 PURPOSE DESCRIBED IN THIS SECTION SHALL SPECIFY  AN  END  DATE  FOR  THE
 PROVISION OF THE ANTIBIOTIC TO THE ANIMAL.
   4. A LIVESTOCK PRODUCER MAY ADMINISTER A MEDICALLY IMPORTANT ANTIBIOT-
 IC  TO  A  FOOD-PRODUCING ANIMAL ONLY FOR THE PURPOSE AS DETERMINED BY A
 A. 10097                            9
 
 LICENSED VETERINARIAN UNDER  THIS  TITLE.  THE  LIVESTOCK  PRODUCER  MAY
 PROVIDE  THE ANTIBIOTIC ONLY FOR THE DURATION SPECIFIED BY THE VETERINA-
 RIAN.
   § 269-M. REPORTING REQUIREMENTS. 1. VETERINARIANS LICENSED TO PRACTICE
 IN NEW YORK STATE, OR WHO ARE LICENSED IN A BORDERING STATE AND PRACTICE
 IN THE STATE, AND WHO PRESCRIBE MEDICALLY IMPORTANT ANTIBIOTICS OR WRITE
 A VETERINARY FEED DIRECTIVE (VFD) FOR ONE OR MORE SETS OF FOOD-PRODUCING
 ANIMALS  LOCATED  IN  NEW  YORK STATE, SHALL FILE AN ANNUAL REPORT UNDER
 THIS SECTION IN A FORM AND MANNER REQUIRED BY THE  DEPARTMENT  BY  RULE.
 THIS  REPORT  SHALL  BE  SUBMITTED TO THE OFFICE. IF MEDICALLY IMPORTANT
 ANTIBIOTICS WERE PROVIDED UNDER VFDS, THEN COPIES OF THOSE  VFDS  ISSUED
 DURING  THE  YEAR,  PREPARED  IN  THE FORMAT RECOMMENDED BY THE AMERICAN
 VETERINARY  MEDICAL  ASSOCIATION,  MAY  CONSTITUTE  THE  ANNUAL  REPORT.
 MEDICALLY  IMPORTANT ANTIBIOTICS PRESCRIBED TO, PROVIDED TO, OR ADMINIS-
 TERED TO FOOD-PRODUCING ANIMALS DURING THE REPORTING PERIOD THAT ARE NOT
 COVERED BY VFDS, SHALL ALSO BE INCLUDED IN THE ANNUAL REPORT  AND  SHALL
 CONTAIN THE FOLLOWING INFORMATION FOR EACH SUCH PRESCRIPTION OR ADMINIS-
 TRATION:
   (A)  NAME  AND  ADDRESS OF THE LIVESTOCK PRODUCER, AND THE LOCATION OF
 THE TREATED ANIMAL OR ANIMALS;
   (B) THE NUMBER  OF  FOOD-PRODUCING  ANIMALS  PROVIDED  WITH  MEDICALLY
 IMPORTANT ANTIBIOTICS;
   (C) THE NAME OF THE MEDICALLY IMPORTANT ANTIBIOTIC PROVIDED;
   (D)  THE  SPECIES  OF  FOOD-PRODUCING  ANIMALS  THAT WERE PROVIDED THE
 MEDICALLY IMPORTANT ANTIBIOTIC;
   (E) THE NUMBER OF DAYS THAT THE  MEDICALLY  IMPORTANT  ANTIBIOTIC  WAS
 INTENDED TO BE PROVIDED TO A FOOD-PRODUCING ANIMAL;
   (F) THE DOSAGE OF THE MEDICALLY IMPORTANT ANTIBIOTIC THAT WAS INTENDED
 TO BE PROVIDED TO A FOOD-PRODUCING ANIMAL;
   (G) THE METHOD OF ADMINISTRATION OF THE MEDICALLY IMPORTANT ANTIBIOTIC
 TO A FOOD-PRODUCING ANIMAL;
   (H)  THE PURPOSE FOR PROVIDING THE MEDICALLY IMPORTANT ANTIBIOTIC TO A
 FOOD-PRODUCING ANIMAL; AND
   (I) THE DISEASE  OR  INFECTION,  IF  ANY,  THAT  WAS  INTENDED  TO  BE
 CONTROLLED DUE TO THE PROVISION OF EACH MEDICALLY IMPORTANT ANTIBIOTIC.
   2.  FOR  THE  PURPOSES  OF  PARAGRAPH  (H)  OF SUBDIVISION ONE OF THIS
 SECTION, THE PURPOSE FOR PROVIDING A MEDICALLY IMPORTANT ANTIBIOTIC TO A
 FOOD-PRODUCING ANIMAL SHALL BE REPORTED AS:
   (A) DISEASE CONTROL; OR
   (B) DISEASE TREATMENT; OR
   (C) NECESSARY FOR SURGICAL OR OTHER MEDICAL PROCEDURES.
   3. INFORMATION REPORTED UNDER THIS  SECTION  SHALL  BE  MADE  PUBLICLY
 AVAILABLE BY THE DEPARTMENT ANNUALLY IN AN ONLINE SEARCHABLE DATABASE OF
 AGGREGATED  DATA. SUCH DATABASE SHALL PROTECT THE IDENTITY OF A LICENSED
 VETERINARIAN, AN INDIVIDUAL FARM, OR BUSINESS.
   4. THE DEPARTMENT, STATE BOARD OF VETERINARY MEDICINE, AND THE DEPART-
 MENT OF AGRICULTURE AND MARKETS SHALL CONSULT AS  NECESSARY  TO  FULFILL
 THE REQUIREMENTS OF THIS SECTION.
   §  269-N.  VIOLATIONS.  1.  A PERSON OR ENTITY WHO VIOLATES THIS TITLE
 SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT MORE THAN TWO  HUNDRED  FIFTY
 DOLLARS PER FARM OPERATION FOR EACH DAY A VIOLATION OCCURS.
   2.  (A)  FOR  A SECOND OR SUBSEQUENT VIOLATION, A PERSON OR ENTITY WHO
 VIOLATES THIS TITLE SHALL BE PUNISHABLE BY AN ADMINISTRATIVE FINE IN THE
 AMOUNT OF FIVE HUNDRED  DOLLARS  PER  FARM  OPERATION  FOR  EACH  DAY  A
 VIOLATION OCCURS.
 A. 10097                           10

   (B)  IN ADDITION TO THE ADMINISTRATIVE FINE, THE VIOLATOR SHALL ATTEND
 AN EDUCATIONAL PROGRAM TO BE JOINTLY DEVELOPED BY  THE  DEPARTMENT,  THE
 DEPARTMENT OF AGRICULTURE AND MARKETS, AND THE STATE BOARD OF VETERINARY
 MEDICINE  ON  THE  JUDICIOUS USE OF MEDICALLY IMPORTANT ANTIBIOTICS. THE
 VIOLATOR  SHALL  SUCCESSFULLY  COMPLETE THE PROGRAM AND PROVIDE PROOF TO
 THE BOARD WITHIN NINETY DAYS FROM THE OCCURRENCE OF THE VIOLATION.
   3. SUBDIVISIONS ONE AND  TWO  OF  THIS  SECTION  SHALL  NOT  APPLY  TO
 LICENSED  VETERINARIANS.  A  VETERINARIAN  WHO  VIOLATES THIS SECTION IS
 SUBJECT TO DISCIPLINE AS DEFINED IN  SUBARTICLE  THREE  OF  ARTICLE  ONE
 HUNDRED THIRTY OF TITLE EIGHT OF THE EDUCATION LAW.
   4. THE MONEYS COLLECTED PURSUANT TO THIS TITLE SHALL BE DEPOSITED INTO
 THE  ANTIBIOTICS  EDUCATION FUND ESTABLISHED PURSUANT TO SECTION NINETY-
 SEVEN-AAAA OF THE STATE FINANCE LAW AND  BE  AVAILABLE  FOR  EXPENDITURE
 UPON APPROPRIATION BY THE LEGISLATURE.
   §  3. The state finance law is amended by adding a new section 97-aaaa
 to read as follows:
   § 97-AAAA. ANTIBIOTICS EDUCATION FUND. 1. THERE IS HEREBY  ESTABLISHED
 IN  THE  CUSTODY  OF THE STATE COMPTROLLER A SPECIAL FUND TO BE KNOWN AS
 THE "ANTIBIOTICS EDUCATION FUND".
   2. SUCH FUND SHALL CONSIST OF ALL MONIES RECOVERED FROM THE ASSESSMENT
 OF ANY PENALTY AUTHORIZED BY TITLE NINE OF THE PUBLIC HEALTH LAW.
   3. MONEYS OF THE FUND SHALL BE DEPOSITED TO THE CREDIT OF THE FUND AND
 SHALL, IN ADDITION TO ANY OTHER MONEYS MADE AVAILABLE FOR SUCH  PURPOSE,
 BE  AVAILABLE TO THE DEPARTMENT OF HEALTH FOR THE PURPOSE OF ANTIBIOTICS
 EDUCATIONAL PROGRAMS. ALL PAYMENTS FROM THE ANTIBIOTICS  EDUCATION  FUND
 SHALL  BE  MADE  ON  THE  AUDIT  AND WARRANT OF THE STATE COMPTROLLER ON
 VOUCHERS CERTIFIED AND SUBMITTED BY THE COMMISSIONER OF HEALTH.
   § 4. Paragraph (e) of subdivision 1 of section 218-b of the labor law,
 as amended by chapter 142 of the laws of 2021, is  amended  to  read  as
 follows:
   (e)  "Airborne  infectious  disease"  shall mean any infectious viral,
 bacterial or fungal disease that is transmissible through the air in the
 form of aerosol particles or droplets and is designated by  the  commis-
 sioner  of health a highly contagious communicable disease that presents
 a serious risk of harm to the public health. SUCH DISEASES SHALL INCLUDE
 METHICILLIN-RESISTANT STAPHYLOCOCCUS AUREUS (MRSA) AND  OTHER  ANTIBIOT-
 IC-RESISTANT INFECTIONS AS ESTABLISHED BY THE COMMISSIONER OF HEALTH.
   §  5. This act shall take effect one year after it shall have become a
 law.