MONDAY, MARCH 25, 2019 2:55 P.M.
ACTING SPEAKER AUBRY: THE HOUSE WILL COME
TO ORDER.
IN THE ABSENCE OF CLERGY, LET US PAUSE FOR A MOMENT OF
SILENCE.
(WHEREUPON, A MOMENT OF SILENCE WAS OBSERVED.)
VISITORS ARE INVITED TO JOIN THE MEMBERS IN THE PLEDGE
OF ALLEGIANCE.
(WHEREUPON, ACTING SPEAKER AUBRY LED VISITORS AND
MEMBERS IN THE PLEDGE OF ALLEGIANCE.)
A QUORUM BEING PRESENT, THE CLERK WILL READ THE
JOURNAL OF SUNDAY, MARCH 24TH.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I MOVE TO
DISPENSE WITH THE FURTHER READING OF THE JOURNAL OF SUNDAY, MARCH
24TH AND ASK THAT THE SAME STAND APPROVED.
ACTING SPEAKER AUBRY: WITHOUT OBJECTION, SO
1
NYS ASSEMBLY MARCH 25, 2019
ORDERED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
SPEAKER, FOR THE OPPORTUNITY TO PROVIDE TODAY'S QUOTE FOR MEMBERS,
FRIENDS AND STAFF THAT'S IN THE CHAMBER WITH US TODAY. IT IS FROM MAYA
ANGELOU AND IT BASICALLY SERVES TO BE MOTIVATIONAL. IT SAYS, "NEVER
MAKE SOMEONE A PRIORITY WHEN ALL YOU ARE TO THEM IS AN OPTION."
AGAIN, THAT'S BY THE VERY WISE MAYA ANGELOU.
WITH THAT, MR. SPEAKER, I WOULD SAY THAT MEMBERS
HAVE ON THEIR DESKS A MAIN CALENDAR WITH 16 NEW BILLS, STARTING WITH
CALENDAR NO. 147. AFTER ANY INTRODUCTIONS AND/OR HOUSEKEEPING, WE
WILL TAKE UP RESOLUTIONS ON PAGE 3 AND THEN WE WILL BEGIN TO CONSENT
THE NEW BILLS ON PAGE 4. FOR OUR MAJORITY MEMBERS, FOR SURE WE WILL
HAVE A DEMOCRATIC CONFERENCE AT THE CONCLUSION OF TODAY'S SESSION
AND I DON'T BELIEVE OUR COLLEAGUES ON THE OTHER SIDE OF THE AISLE HAVE A
CONFERENCE, BUT WE WILL CONFIRM THAT LATER, MR. SPEAKER.
SO WITH THAT AS A GENERAL OUTLINE, IF YOU HAVE ANY
INTRODUCTIONS AND/OR HOUSEKEEPING, NOW WOULD BE THE APPROPRIATE
TIME.
ACTING SPEAKER AUBRY: WE HAVE
HOUSEKEEPING, MRS. PEOPLES-STOKES.
WITHOUT OBJECTION, ON A MOTION BY MR. BUCHWALD TO
RECONSIDER THE SUBSTITUTION OF SENATE BILL NO. S03145 FOR ASSEMBLY
BILL NO. A00112, SAID SENATE BILL IS RECOMMITTED TO THE COMMITTEE ON
ELECTION LAW, AND SAID ASSEMBLY BILL IS RESTORED TO ITS PLACE ON THE
2
NYS ASSEMBLY MARCH 25, 2019
THIRD ORDER READING.
AND ON A MOTION BY MR. BUCHWALD, PAGE 15,
CALENDAR NO. 123, BILL NO. A00112, THE AMENDMENTS ARE RECEIVED AND
ADOPTED. MRS. PEOPLES-STOKES -- THAT IS AN UN-SUB.
THE CLERK WILL READ. PAGE 4, CALENDAR NO. 147.
I'M SORRY. WE WILL GO TO RESOLUTIONS ON PAGE 3. THE
CLERK WILL READ.
THE CLERK: ASSEMBLY RESOLUTION NO. 77, MS.
SEAWRIGHT. LEGISLATIVE RESOLUTION CALLING FOR THE RATIFICATION OF THE
EQUAL RIGHTS AMENDMENT.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
THE CLERK: ASSEMBLY RESOLUTION NO. 202, MR.
MAGNARELLI. LEGISLATIVE RESOLUTION MEMORIALIZING GOVERNOR ANDREW
M. CUOMO TO PROCLAIM FEBRUARY 1-7, 2019, AS ENROLLED AGENT WEEK
IN THE STATE OF NEW YORK.
ACTING SPEAKER AUBRY: ON THE RESOLUTION, ALL
THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE RESOLUTION IS
ADOPTED.
NOW PAGE 3 [SIC], CALENDAR NO. 147.
THE CLERK: ASSEMBLY NO. A00459-A, CALENDAR
NO. 147, PAULIN, MOSLEY, M.G. MILLER, CROUCH, GOTTFRIED. AN ACT TO
AMEND THE EXECUTIVE LAW AND THE CRIMINAL PROCEDURE LAW, IN RELATION
TO THE DEFINITION OF DESIGNATED OFFENDER.
3
NYS ASSEMBLY MARCH 25, 2019
ACTING SPEAKER AUBRY: THE BILL IS LAID ASIDE.
THE CLERK: ASSEMBLY NO. A00838, CALENDAR NO.
148, HYNDMAN, ARROYO, D'URSO, EPSTEIN. AN ACT TO AMEND A CHAPTER
OF THE LAWS OF 2018 RELATING TO THE ESTABLISHMENT OF A PILOT PROGRAM TO
PROVIDE JOB AND VOCATIONAL SKILLS TRAINING TO YOUTH WHO HAVE BEEN
ADJUDICATED JUVENILE DELINQUENTS OR JUVENILE OFFENDERS RESIDING IN A
FACILITY OVERSEEN BY THE OFFICE OF CHILDREN AND FAMILY SERVICES, AS
PROPOSED IN LEGISLATIVE BILLS NUMBERS S.2084 AND A.2449, IN RELATION TO
MAKING CERTAIN PROVISIONS PERMANENT.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
HYNDMAN, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, THIS IS THE
FIRST VOTE OF THE DAY. I WOULD ASK COLLEAGUES IN AND AROUND THE
CHAMBERS TO PLEASE COME IN AND CAST YOUR VOTE.
ACTING SPEAKER AUBRY: CERTAINLY. FIRST VOTE
OF THE DAY, MEMBERS. IN YOUR SEATS, PLEASE VOTE NOW. IN THE SOUND OF
OUR VOICE, PLEASE COME IN AND CAST YOUR VOTE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
4
NYS ASSEMBLY MARCH 25, 2019
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01641, CALENDAR NO.
149, SEAWRIGHT, D'URSO, JACOBSON. AN ACT TO AMEND THE ELECTION LAW,
IN RELATION TO REQUIRING CAMPAIGN FINANCE INFORMATION OF CERTAIN
CANDIDATES OR COMMITTEES TO BE FILED ON AN ELECTRONIC REPORTING SYSTEM.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT DECEMBER
15TH, 2019.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. SEAWRIGHT TO EXPLAIN HER VOTE.
MS. SEAWRIGHT: THANK YOU, MR. SPEAKER. THIS
BILL WOULD REQUIRE ALL CAMPAIGN FINANCE FILINGS PURSUANT TO THE
ELECTION LAW TO BE FILED WITH THE STATE BOARD OF ELECTIONS, SPECIFICALLY
ELIMINATING THE $1,000 FILING THRESHOLD AT THE STATE LEVEL. THIS BILL
RELIEVES DUPLICATE FILING REQUIREMENTS FOR POLITICAL COMMITTEES AND LIFTS
THE ADMINISTRATIVE BURDEN ON THE LOCAL BOARD OF ELECTIONS. THIS WOULD
BECOME EFFECTIVE ON THE FIRST DAY OF -- DECEMBER 20TH, 2020. WITH THE
ELIMINATION OF THIS $1,000 FILING THRESHOLD, VOTERS ARE ABLE TO SEE THE
CONTRIBUTIONS OF ALL CAMPAIGNS, BIG AND SMALL, PROMOTING BETTER
TRANSPARENCY. I CAST MY VOTE IN THE AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. SEAWRIGHT IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
5
NYS ASSEMBLY MARCH 25, 2019
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
THE CLERK: ASSEMBLY NO. A01823, CALENDAR NO.
150, PRETLOW, D'URSO. AN ACT TO AMEND THE COUNTY LAW, IN RELATION TO
THE JURISDICTION OF A CORONER OR MEDICAL EXAMINER.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: MR. SPEAKER, I WONDER IF
OUR COLLEAGUES CAN MAYBE TRY AND TAKE THEIR SEATS NOW. WE HAVE TWO
BILLS WE WANT TO TAKE UP ON DEBATE. BOTH OF THEM ARE ON PAGE 14. THE
FIRST ONE IS CALENDAR NO. 103 BY MR. MAGNARELLI. THE SECOND ONE IS
CALENDAR NO. 107 BY MS. BICHOTTE.
ACTING SPEAKER AUBRY: MEMBERS, WE ARE ON
DEBATE. IF YOU WILL, PLEASE, TAKE YOUR SEATS OR TAKE YOUR CONVERSATIONS
OUTSIDE THE CHAMBER. THAT'S FOLKS IN THE BACK, FOLKS WHO ARE LINED UP
AGAINST THE WALL.
THE CLERK WILL READ.
THE CLERK: SENATE BILL NO. S02497, CALENDAR NO.
6
NYS ASSEMBLY MARCH 25, 2019
103, SENATOR KENNEDY (MAGNARELLI, BENEDETTO, GALEF, GUNTHER, ORTIZ,
RIVERA, TITUS, ABBATE, STIRPE, JAFFEE, OTIS, ARROYO, MOSLEY, DAVILA,
PICHARDO, WEPRIN--A01851). AN ACT TO AMEND THE VEHICLE AND TRAFFIC
LAW, IN RELATION TO PROHIBITING A CHILD LESS THAN TEN YEARS OF AGE FROM
BEING LEFT UNATTENDED IN A MOTOR VEHICLE UNDER CONDITIONS PRESENTING
SUBSTANTIAL RISK.
ACTING SPEAKER AUBRY: AN EXPLANATION IS
REQUESTED, MR. MAGNARELLI.
MR. MAGNARELLI: YES. THIS BILL IS IN RELATION TO
PROHIBITING A CHILD LESS THAN TEN YEARS OF AGE FROM BEING LEFT
UNATTENDED IN A MOTOR VEHICLE UNDER CONDITIONS PRESENTING SUBSTANTIAL
RISK.
ACTING SPEAKER AUBRY: MR. PALUMBO.
MR. PALUMBO: THANK YOU, MR. SPEAKER. WOULD
THE SPONSOR YIELD FOR A FEW QUESTIONS, PLEASE?
ACTING SPEAKER AUBRY: WILL YOU YIELD, MR.
MAGNARELLI?
MR. MAGNARELLI: YES.
ACTING SPEAKER AUBRY: THANK YOU.
MR. PALUMBO: THANK YOU, BILL. I JUST HAVE A FEW
QUESTIONS IN THIS REGARD, BECAUSE SOME OF MY COLLEAGUES HAD SOME
CONCERNS THAT THIS MAY BE ACTUALLY WEAKENING THE SITUATION, BECAUSE
WE ALL CERTAINLY UNDERSTAND THE GRAVITY OF WHAT CAN HAPPEN IN CHILDREN
-- MANY CHILDREN HAVE DIED IN COLD CARS, IN HOT CARS, AND THE FACT THAT
THEY WOULD TYPICALLY CHARGE ENDANGERING THE WELFARE OF A CHILD, WHICH
7
NYS ASSEMBLY MARCH 25, 2019
IS A MISDEMEANOR, AND I KNOW THAT'S MENTIONED IN THE SPONSOR'S MEMO.
COULD YOU JUST GIVE US A LITTLE BIT OF A BRIEF REASON WHY YOU FEEL THAT
THIS LEGISLATION IS NECESSARY?
MR. MAGNARELLI: WELL, I BELIEVE IT'S NECESSARY
IN ORDER TO JUST EDUCATE OR INFORM THE PUBLIC OF HOW SERIOUS THIS
PROBLEM IS. SINCE I'VE BEEN ELECTED TO THIS BODY, 230 CHILDREN HAVE
DIED IN CARS. SO, IF THERE'S ANY REASON FOR WHY IT'S NECESSARY, THAT --
THAT'S THE REASON. AND I DON'T BELIEVE THAT THIS BILL TAKES ANYTHING AWAY
FROM THE MISDEMEANOR CHARGE, IF THAT'S POSSIBLE, BUT I ALSO THINK THAT
IT'LL GET PEOPLE'S ATTENTION ONCE PEOPLE UNDERSTAND THAT LEAVING A CHILD
IN A CAR IS SOMETHING THAT COULD BE VERY DETRIMENTAL TO THE CHILD.
MR. PALUMBO: CERTAINLY, AND I -- AND I NOTE FOR
MY COLLEAGUES THAT IT DOES INDICATE IN PARAGRAPH -- IN 1210, PARAGRAPH
A, SECTION 1, THAT "NOTHING IN THIS SECTION SHALL BE DEEMED TO
SUPERCEDE THE PROVISIONS OF ANY OTHER APPLICABLE SECTION OF LAW." SO,
IT CERTAINLY WOULD BE DISCRETIONARY THAT A POLICE OFFICER, IF IT WAS
EGREGIOUS ENOUGH, IT WASN'T JUST SIMPLY LEAVING A TEN YEAR OLD IN THE
CAR, THAT THEY COULD CERTAINLY STILL CHARGE THE MISDEMEANOR; IS THAT
ACCURATE?
MR. MAGNARELLI: THAT'S TRUE. THAT'S ACCURATE.
AND THE ONE THING I'D LIKE TO ADD TO THAT IS THE IDEA HERE IS THAT WE DON'T
HAVE ANY OF THESE VIOLATIONS. I WOULD HOPE THAT ONCE PEOPLE
UNDERSTAND THAT THEY COULD BE TICKETED FOR SOMETHING LIKE THAT, THAT
THEY WON'T DO IT AND BE A LITTLE MORE CAREFUL.
MR. PALUMBO: I UNDERSTAND, AND THAT'S A GOOD
8
NYS ASSEMBLY MARCH 25, 2019
POINT. SO, OTHER THAN JUST KIND OF A CATCHALL SUBSTANTIAL RISK TO A CHILD,
WHICH WOULD BE THE STATUTE THAT THEY WOULD TYPICALLY CHARGE NOW, JUST
ENDANGERING THE WELFARE OF A CHILD IS MORE OF A GENERAL STATEMENT.
MR. MAGNARELLI: RIGHT, AND THAT MEANS AN
ARREST AND TAKING THE MOTHER AWAY -- OR MOTHER OR THE FATHER AWAY
FROM A CHILD. THOSE ARE PROBLEMATIC.
MR. PALUMBO: AND I SAW A PREVIOUS, I GUESS YOU
WERE -- WAS THAT LESS THAN 16 YEARS OF AGE. WAS THERE ANY PARTICULAR
REASON WHY IT WAS MADE -- YOU CHOSE TO PUT TEN YEARS OF AGE IN THIS
PARTICULAR BILL?
MR. MAGNARELLI: I THINK IT WAS WITH THE ADVICE
OF COUNSEL OR STAFF THAT MAYBE CHILDREN OVER TEN WOULD BE ABLE TO TAKE
CARE OF THEMSELVES A LITTLE BIT BETTER IN THE CAR IF THEY HAD BEEN LEFT
ALONE.
MR. PALUMBO: SURE, AND GET OUT OF THE CAR. AND,
LASTLY, I SEE THERE'S AN AGGRAVATED FINE SCHEDULE THAT THE FIRST CONVICTION
IS UP TO $50, THE SECOND ONE UP TO A $100 AND THE THIRD ONE UP TO $250
WITHIN AN 18-MONTH PERIOD. IS THERE ANY ACTION THAT MOTOR VEHICLE
WOULD TAKE ON A DRIVER'S LICENSE WITH ANY OF THOSE CONVICTIONS BY THE
WAY OF EITHER POINTS OR A SUSPENSION OF ANYTHING?
MR. MAGNARELLI: NO, NOTHING.
MR. PALUMBO: OKAY. VERY GOOD. THANK YOU,
MR. MAGNARELLI.
MR. MAGNARELLI: THANK YOU.
MR. PALUMBO: ON THE BILL, PLEASE.
9
NYS ASSEMBLY MARCH 25, 2019
ACTING SPEAKER AUBRY: ON THE BILL, MR.
PALUMBO.
MR. PALUMBO: THANK YOU, MR. SPEAKER, AND JUST
VERY BRIEFLY. I THINK THIS IS A GREAT IDEA IN MANY RESPECTS. WE DON'T
WANT TO WATER DOWN THE FACT THAT POLICE OFFICERS CAN OR COULD STILL
CHARGE ENDANGERING THE WELFARE OF A CHILD IF THEY LEAVE A CHILD OR AN
INFANT UNATTENDED IN A HOT VEHICLE OR EVEN A COLD VEHICLE. BUT I WOULD
JUST SUGGEST THAT WE ALSO MAYBE CONSIDER THAT WE HAVE EVEN FURTHER
PENALTIES WITH REGARD TO ACTION ON LICENSES IN THE EVENT OF THE
AGGRAVATING -- ON THE AGGRAVATING ASPECTS OF THIS, THAT IF SOMEONE HAS A
SECOND OR A THIRD VIOLATION WITHIN A YEAR-AND-A-HALF, IT SHOULD BE MORE
THAN A $250 FINE, THAT WE MIGHT WANT TO CONSIDER HAVING A LITTLE BIT
MORE OF A HAMMER. BUT, OTHERWISE, I DO THANK THE SPONSOR FOR
ANSWERING MY QUESTIONS, AND I APPRECIATE YOUR TIME. THANK YOU.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT NOVEMBER
1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: THANK YOU, MR.
10
NYS ASSEMBLY MARCH 25, 2019
SPEAKER, FOR THE OPPORTUNITY TO INTERRUPT OUR PROCEEDINGS. ON BEHALF
OF OUR COLLEAGUE, MS. SIMON, AND PROBABLY ALL OF US, ACTUALLY, THERE ARE
SOME GUESTS IN THE CHAMBERS WHO I WOULD LIKE TO INTRODUCE AND ASK
YOU TO PROVIDE FOR THEM THE CORDIALITIES OF THE FLOOR. THEY ARE TOBY
WILLIAMS, LACOYA JACK BILLMORE, DENNIS JORDAN AND THE CHAIR OF THE
TASK FORCE, DONNA POLEN. MR. SPEAKER, THESE ARE ALL MEMBERS OF THE
NEW YORK STATE MUSIC THERAPY TASK FORCE. MUSIC THERAPISTS WORK TO
HEAL AND TREAT MENTAL HEALTH ISSUES AMONGST PEOPLE WITH DISABILITIES
SUCH AS AUTISM AND ALZHEIMER'S. MR. SPEAKER, I THINK THESE ARE SOME
OF THE PREMIER CAREGIVERS THAT PROVIDE SERVICE IN THE STATE OF NEW
YORK, AND IF WOULD YOU PLEASE WELCOME THEM AND PROVIDE FOR THEM
THE CORDIALITIES OF OUR FLOOR, I WOULD APPRECIATE IT.
ACTING SPEAKER AUBRY: CERTAINLY. ON BEHALF
OF MS. SIMON, THE SPEAKER AND ALL THE MEMBERS, WE WELCOME YOU HERE
TO THE NEW YORK STATE ASSEMBLY. WE EXTEND TO YOU THE PRIVILEGES OF
THE FLOOR. HOPE THAT YOU HAVE ENJOYED THESE PROCEEDINGS, HOPE THAT
YOU CONTINUE THE GREAT WORK THAT YOU'RE DOING, AND I BET YOU COULD FIND
SOME OF US WHO MIGHT NEED A LITTLE MUSIC THERAPY IN THIS HOUSE.
THANK YOU SO VERY MUCH. YOU ARE ALWAYS WELCOME HERE.
(APPLAUSE)
PAGE 14, CALENDAR NO. 107, THE CLERK WILL READ.
THE CLERK: ASSEMBLY NO. A02998, CALENDAR NO.
107, BICHOTTE, GUNTHER, DILAN, STECK, WEPRIN, L. ROSENTHAL, GALEF,
GOTTFRIED, JAFFEE, COOK, LAVINE, MAGNARELLI, MCDONOUGH, DAVILA,
CRUZ, EPSTEIN, ASHBY. AN ACT TO AMEND THE PUBLIC HEALTH LAW, IN
11
NYS ASSEMBLY MARCH 25, 2019
RELATION TO AUTHORIZING EXPEDITED PARTNER THERAPY FOR CERTAIN SEXUALLY
TRANSMITTED INFECTIONS.
ACTING SPEAKER AUBRY: ON A MOTION BY MS.
BICHOTTE, THE SENATE BILL IS BEFORE THE HOUSE. THE SENATE BILL IS
ADVANCED. AN EXPLANATION IS REQUESTED, MS. BICHOTTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER. THIS BILL
WOULD ALLOW HEALTH CARE PRACTITIONERS THAT IDENTIFY AND DIAGNOSE A
SEXUALLY TRANSMITTED DISEASE IN AN INDIVIDUAL TO PRESCRIBE, DISPENSE,
FURNISH OR OTHERWISE PROVIDES PRESCRIPTION ANTIBIOTIC DRUGS FOR THOSE
SEXUALLY TRANSMITTED INFECTIONS THAT THE CENTERS FOR DISEASE CONTROL
AND PREVENTION RECOMMENDS FOR THE USE OF EXPEDITED PARTNER THERAPY
TO THAT PERSON'S SEXUAL PARTNER OR PARTNERS WITHOUT EXAMINING SUCH
PARTNER OR PARTNERS.
IN 2008, NEW YORK STATE PASSED A LAW TO ALLOW HEALTH
CARE PROVIDERS WITH PRESCRIPTIVE PRIVILEGES TO PROVIDE EXPEDITED
PARTNER THERAPY FOR CHLAMYDIA INFECTIONS WHEN THE PRESCRIBER'S
JUDGMENT IS THAT THE PARTNER OR PARTNERS WILL NOT SEEK A PERSONAL
MEDICAL VISIT. BY EXPANDING THE CURRENT LAW TO EXPEDITED PARTNER
THERAPY, WE WILL PROVIDE ASSISTANCE FOR INDIVIDUALS WHO WOULD
OTHERWISE NOT SEEK TREATMENT AND IMPROVE PUBLIC HEALTH OUTCOMES.
THANK YOU.
ACTING SPEAKER AUBRY: MR. RA.
MR. RA: THANK YOU, MR. SPEAKER, WILL THE SPONSOR
YIELD?
ACTING SPEAKER AUBRY: MS. BICHOTTE, WILL
12
NYS ASSEMBLY MARCH 25, 2019
YOU YIELD?
MS. BICHOTTE: YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RA: THANK YOU VERY MUCH. SO AS -- AS YOU
MENTIONED, YOU KNOW, FOR -- FOR SEVERAL YEARS NOW IT'S BEEN -- IT'S BEEN
THE LAW THAT WE ARE ABLE TO PROVIDE EXPEDITED THERAPY FOR ONE SPECIFIC
TYPE OF INFECTION. THIS WOULD ALLOW IT -- RATHER THAN HAVING IN THE LAW
JUST A SPECIFIC TYPE OF DISEASE, IT WOULD BE ANYTHING ON THAT CDC LIST;
IS THAT CORRECT?
MS. BICHOTTE: EXACTLY. I MEAN, CURRENTLY RIGHT
NOW WE PASSED A LAW THAT INCLUDES CHLAMYDIA, WHICH IS UNDER THE
CDC RECOMMENDATION. AND WE -- AND ALSO, IT WOULD INCLUDE
GONORRHEA. GONORRHEA RIGHT NOW IS ANOTHER STI THAT'S RECOMMENDED
FOR EXPEDITED PARTNER THERAPY, HOWEVER, WE DON'T HAVE IT IN OUR LAW
RIGHT NOW.
MR. RA: OKAY. NOW THE CONCEPT IS BASICALLY, AND
CORRECT ME IF I'M WRONG, THAT, YOU KNOW, ONE -- ONE PARTNER COMES IN,
THEY SEE THE DOCTOR AND THE DOCTOR CAN THEN PRESCRIBE FOR THEIR PARTNER
WHO WILL NOT BE SEEING THE DOCTOR WITH THE IDEA BEING THAT THEY DON'T
BELIEVE THEIR PARTNER WOULD GO AND SEEK MEDICAL HELP FOR -- FOR THIS
DISEASE; IS THAT CORRECT?
MS. BICHOTTE: YES, THAT'S CORRECT.
MR. RA: SO, ONE OF THE CONCERNS THAT HAS BEEN
RAISED WITH REGARD TO THESE IN THE PAST IS THAT THAT PARTNER WHO NOW HAS
NOT SEEN A DOCTOR THEY, YOU KNOW, MAY BE TREATED BY -- BY SOME
13
NYS ASSEMBLY MARCH 25, 2019
PRESCRIPTION, BUT PERHAPS THEY MAY HAVE OTHER ILLNESSES THAT WOULDN'T
BE DETECTED THAT PERHAPS A DOCTOR MIGHT DETECT IF HE HAD ACTUALLY SEEN
THEM INDIVIDUALLY. SO, IS THERE ANYTHING THAT WILL ENCOURAGE THOSE
INDIVIDUALS TO GO AND SEEK THEIR OWN VISIT TO A DOCTOR?
MS. BICHOTTE: WELL, JUST SO YOU KNOW, THAT FIRST
YOU GOT TO BE REMINDED THAT EXPEDITED THERAPY IS AN ALTERNATIVE WAY TO
REFERRING SEXUAL PARTNERS, SO, WE ALWAYS RECOMMEND THAT THE PARTNERS
GO AND SEE THE PHYSICIAN. AND USUALLY IF IT'S A KNOWN ALLERGY, THE
PARTNER WOULD KNOW TO, YOU KNOW, READ THE PRESCRIPTION AND SEE IF,
YOU KNOW, THEY'RE ALLERGIC TO ANY FORMULAS OR CHEMICALS OF THAT NATURE.
IF IT'S AN UNKNOWN ALLERGY, IT'S TREATED LIKE ANY OTHER MEDICATION AND
WE WOULD ENCOURAGE THE PARTNER TO GO AND SEEK HEALTH ADVICE AND CARE.
ALSO, YOU KNOW, THERE'S ALWAYS A PHARMACIST THAT THE PARTNER CAN
ALWAYS CONSULT WITH.
MR. RA: OKAY. AND THAT -- THAT IS ONE OF THE OTHER
CONCERNS, IS -- IS THAT THERE COULD BE AN ALLERGY. OFTENTIMES, THERE MAY
BE SOME TYPE OF ANTIBIOTIC THAT IS PRESCRIBED; SOME PEOPLE DO HAVE
ALLERGIES TO ANTIBIOTICS. SO THEN WOULD IT NECESSARILY BE THE PARTNER
WHO HAS -- WHO HAS NOT SEEN THE DOCTOR THAT'S FILLING THE PRESCRIPTION,
OR COULD THE PRESCRIPTION BE FULFILLED BY THE PARTNER WHO HAS GONE TO
THE DOCTOR? WHO IS IT ACTUALLY WRITTEN FOR?
MS. BICHOTTE: WELL, THE PRESCRIPTION IS WRITTEN
FOR THE ACTUAL PARTNER. YES, SO IT'S NOT PATIENT SPECIFIC SO IT COULD BE
FILLED FOR ANYBODY, YES.
MR. RA: OKAY. AND IS THERE ANY PROVISION, OR THIS
14
NYS ASSEMBLY MARCH 25, 2019
MIGHT BE IN EXISTING LAW WITH REGARD TO THE LIMITED PROVISIONS WE DO
HAVE THAT PROTECTS THE DOCTOR FROM LIABILITY SHOULD THERE BE SOME TYPE
OF ALLERGY THAT THE PARTNER HAS, SAY, TO AN ANTIBIOTIC OR SOMETHING ELSE
IN THE MEDICATION?
MS. BICHOTTE: YES, THERE ARE LIABILITY PROTECTIONS.
MR. RA: OKAY. THANK YOU VERY MUCH.
ACTING SPEAKER AUBRY: MR. RAIA.
MR. RAIA: THANK YOU, MR. SPEAKER. WILL THE
SPONSOR CONTINUE TO YIELD FOR A COUPLE QUESTIONS?
MS. BICHOTTE: OF COURSE, YES.
ACTING SPEAKER AUBRY: THE SPONSOR YIELDS.
MR. RAIA: THANK YOU. IS THERE AN AGE RESTRICTION
ON THIS? SO IF, YOU KNOW, IF WE'RE TALKING ABOUT A 14-YEAR-OLD AND
THEIR PARTNER IS DIAGNOSED WITH THE DISEASE, THE 14-YEAR-OLD CAN GO GET
THE DRUGS WITHOUT ANY OVERSIGHT?
MS. BICHOTTE: I DON'T THINK THERE'S AN AGE
RESTRICTION. NO, THERE'S NO AGE RESTRICTION. OBVIOUSLY, JUST FOR ANY TYPE
OF PRESCRIPTION, THERE IS SOME -- A NEED FOR PARENTAL CONSENT FOR
ANYBODY UNDER THE AGE OF 18.
MR. RAIA: OH, SO IF IT'S SOMEONE -- SO, A PARENT STILL
HAS TO SIGN-OFF ON THE PRESCRIPTION?
MS. BICHOTTE: YES.
MR. RAIA: OKAY, BECAUSE MY CONCERN WAS, AS WAS
MENTIONED EARLIER, IS, YOU KNOW, A 14-YEAR-OLD NOT MIGHT KNOW IF
THEY'RE ALLERGIC TO CERTAIN ANTIBIOTICS.
15
NYS ASSEMBLY MARCH 25, 2019
MS. BICHOTTE: EXACTLY.
MR. RAIA: SO, AS LONG AS THERE'S STILL PARENTAL
OVERSIGHT. THANK YOU VERY MUCH.
MS. BICHOTTE: YES, SURE.
ACTING SPEAKER AUBRY: READ THE LAST SECTION.
THE CLERK: THIS ACT SHALL TAKE EFFECT JANUARY 1ST.
ACTING SPEAKER AUBRY: THE CLERK WILL RECORD
THE VOTE.
(THE CLERK RECORDED THE VOTE.)
MS. BICHOTTE TO EXPLAIN HER VOTE.
MS. BICHOTTE: THANK YOU, MR. SPEAKER, FOR
ALLOWING ME TO AFFIRM MY VOTE. I'M REALLY PROUD TO PRESENT THIS BILL
TODAY WHICH PROVIDES EXPEDITED PARTNER THERAPY FOR THE PARTNERS OF
PATIENTS INFECTED WITH CHLAMYDIA AND OTHER SEXUALLY TRANSMITTED
INFECTIONS RECOMMEND BY THE CENTERS FOR DISEASE CONTROL. THIS BILL
ALLOWS AUTHORIZED HEALTH CARE PRACTITIONERS THE ABILITY TO DIAGNOSE AND
PRESCRIBE PRESCRIPTION DRUGS FOR SEXUALLY TRANSMITTED INFECTIONS AND
OTHER TRANSMITTED INFECTIONS RECOMMENDED.
ACCORDING TO CDC, THE NATIONAL STD PREVENTION
CONFERENCE IN WASHINGTON, D.C., NEARLY 2.3 MILLION CASES FOR
CHLAMYDIA, GONORRHEA AND SYPHILIS WERE DIAGNOSED IN THE UNITED
STATES. EPT, EXPEDITED PARTNER THERAPY, HELPS PHYSICIANS AND OTHER
HEALTH CARE PROVIDERS DECREASE THE RATES OF SEXUALLY TRANSMITTED
INFECTIONS. WHILE THE EXPEDITED PARTNER THERAPY IN NO WAY REPLACES A
FACE-TO-FACE INTERACTION FOR HEALTH CARE PROVIDER, IT CAN HELP PATIENTS
16
NYS ASSEMBLY MARCH 25, 2019
WHO OTHERWISE WOULD NOT REACH OUT FOR TREATMENT. SO, AGAIN, I AM -- I
AM SO IN FAVOR OF THIS BILL AND I JUST URGE MY COLLEAGUES TO VOTE IN THE
AFFIRMATIVE. THANK YOU.
ACTING SPEAKER AUBRY: MS. BICHOTTE IN THE
AFFIRMATIVE.
ARE THERE ANY OTHER VOTES? ANNOUNCE THE RESULTS.
(THE CLERK ANNOUNCED THE RESULTS.)
THE BILL IS PASSED.
MRS. PEOPLES-STOKES: MR. SPEAKER, DO WE
HAVE ANY FURTHER HOUSEKEEPING OR RESOLUTIONS?
ACTING SPEAKER AUBRY: RESOLUTIONS, MRS.
PEOPLES-STOKES, WHICH WE WILL TAKE UP WITH ONE VOTE. ON THE
RESOLUTIONS, ALL THOSE IN FAVOR SIGNIFY BY SAYING AYE; OPPOSED, NO. THE
RESOLUTIONS ARE ADOPTED.
(WHEREUPON, ASSEMBLY RESOLUTION NOS. 203-214
WERE UNANIMOUSLY APPROVED.)
MRS. PEOPLES-STOKES.
MRS. PEOPLES-STOKES: I NOW MOVE THAT THE
ASSEMBLY STAND ADJOURNED UNTIL 1:00 P.M., TUESDAY, MARCH THE 26TH,
TOMORROW BEING A SESSION DAY.
ACTING SPEAKER AUBRY: THE ASSEMBLY WILL
STAND ADJOURNED.
(WHEREUPON, AT 4:13 P.M., THE ASSEMBLY STOOD
ADJOURNED UNTIL TUESDAY, MARCH 26TH AT 1:00 P.M., TUESDAY BEING A
SESSION DAY.)
17