Promotes the development, provision and accessibility of telehealth/telemedicine services in New York state; establishes a telehealth/telemedicine development and research grant fund.
TITLE OF BILL: An act to amend the penal law, in relation to license to carry and possess firearms
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to establish a rational set of requirements for individuals to obtain a license to carry and possess a pistol or revolver.
SUMMARY OF SPECIFIC PROVISIONS: This legislation restructures the eligibility requirements for an individual to carry and possess firearms.
Section 1 of the bill amends section 400.00 of the penal law by adding a new subdivision 1-a which establishes certain qualifications to the requirements set forth in subdivision one of this section. These qualifications are: -- A minimum age requirement of 18 years of age to apply for a license to carry and possess firearms. -- Completion of a 15 hour course in the safe and accurate use of a pistol or revolver, the proper maintenance of a pistol and revolver, the laws regarding the possession and use of a pistol or revolver and the administration of first aid to persons injured by a pistol or revolver. -- The satisfactory proof to the licensing officer and the signatory district attorney or attorneys that there is an extraordinary likelihood that such person may have to use a pistol or revolver to protect himself or others from imminent danger of death. Section 2 of the bill amends section 400.00 of the penal law by adding a new subdivision 5-a which states that no license for a pistol or revolver shall be granted unless approved by a district attorney.
JUSTIFICATION: At present there is no state minimum age requirement for handgun license applicants. Several counties throughout the state have adopted individual age requirements ranging from 18 years to 21 years of age. This legislation provides a uniform age standard throughout the state. The course requirements parallel other state licensing procedures. When a person applies for a driver's license, it is expected that the applicant understand the rules and regulations pertaining to the road, and still have practical experience in the operation of a motor vehicle. Similarly, a person wishing to possess a pistol or revolver should have a working knowledge of the firearm, and mandating a state-wide fifteen hour course for pistol or revolver license applicants would serve the purpose of acquainting the applicant with the state's rules and regulations, and use of a pistol or revolver. Mandating the written approval of the county district attorney, in addition to the approval of the licensing officer, offers the general public input in the licensing process through an
elected official. The "good cause" provision, in present statute, protects the applicant rather than the general public. As the law reads, the licensing officer must show "good cause" for the denial of a license, the burden of proof being placed on the state, A license is a privilege offered by the state and it follows that the onus be placed on the applicant, to prove to the satisfaction of both the licensing officer and the county district attorney that such privilege is warranted.
PRIOR LEGISLATIVE HISTORY: S.7474 of 2008 04/07/08 Referred to Codes 01/07/09 REFERRED TO CODES 01/06/10 REFERRED TO CODES S.1676 of 2011 01/11/11 REFERRED TO CODES 01/04/12 REFERRED TO CODES
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect on the 30th day after it becomes law.
STATE OF NEW YORK ________________________________________________________________________ 662 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________Introduced by Sen. VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health AN ACT to amend the public health law, in relation to promoting the development, provision and accessibility of telehealth/telemedicine services in New York state; and to amend the state finance law, in relation to establishing a New York state telehealth/telemedicine development and research grant fund THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "New York state telehealth/telemedicine development act." S 2. The public health law is amended by adding a new article 27-M to read as follows: ARTICLE 27-M NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT PROGRAM SECTION 2799-T. LEGISLATIVE INTENT. 2799-U. COORDINATION OF DEPARTMENT RESPONSIBILITIES FOR TELEHEALTH/TELEMEDICINE; ANNUAL PLAN. 2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDER- SERVED AREAS AND POPULATIONS. 2799-W. TELEHEALTH/TELEMEDICINE RESEARCH. S 2799-T. LEGISLATIVE INTENT. THE LEGISLATURE RECOGNIZES THE DEMON- STRATED COST-EFFECTIVENESS, IMPROVEMENTS IN DISEASE MANAGEMENT AND IMPROVED PATIENT OUTCOMES RESULTING FROM THE PROVISION OF TELEHEALTH/TELEMEDICINE SERVICES. TELEHEALTH/TELEMEDICINE SERVICES ARE THOSE SERVICES WHICH UTILIZE ELECTRONIC TECHNOLOGY OVER A GEOGRAPHIC DISTANCE BETWEEN PATIENTS AND HEALTH CARE PROVIDERS FOR THE PURPOSES OF ASSESSMENT, MONITORING, INTERVENTION, CLINICAL MANAGEMENT AND/OR EDUCA- TION WITH PATIENTS. STUDIES HAVE CHRONICLED SIGNIFICANT REDUCTIONS IN HOSPITALIZATIONS AND OTHERWISE NECESSARY MEDICAL CARE AS A RESULT OFEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03511-01-1 S. 662 2
TELEHEALTH/TELEMEDICINE INTERVENTION. THE LEGISLATURE FURTHER RECOGNIZES THAT GEOGRAPHY, WEATHER AND OTHER FACTORS CAN CREATE BARRIERS TO ACCESS- ING APPROPRIATE HEALTH AND MENTAL HEALTH CARE IN NEW YORK STATE AND THAT ONE WAY TO PROVIDE, ENSURE OR ENHANCE ACCESS TO CARE GIVEN THESE BARRIERS IS THROUGH THE APPROPRIATE USE OF TECHNOLOGY TO ALLOW HEALTH CARE CONSUMERS ACCESS TO QUALIFIED HEALTH CARE PROVIDERS AND INSTI- TUTIONS. IN ORDER TO PROMOTE THE ROLE AND CAPACITY OF TELEHEALTH/TELEMEDICINE TECHNOLOGY RELATIVE TO THESE PURPOSES, THE LEGISLATURE HEREBY ENACTS THE NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT ACT TO ESTABLISH A TELEHEALTH/TELEMEDICINE DEVELOPMENT PROGRAM TO COORDINATE AND FOCUS STATE ADMINISTRATIVE RESPONSIBILITIES AS WELL AS STATE POLICY AND PROGRAM PLANNING FOR TELEHEALTH/TELEMEDICINE, PROVIDE FOR TELEHEALTH/TELEMEDICINE DEVELOPMENT IN UNDERSERVED GEOGRAPH- IC AREAS AND FOR NEW POPULATIONS, PROMOTE QUALITY AND SAFEGUARDS IN TELEHEALTH/TELEMEDICINE, PROMOTE AND ASSIST TELEHEALTH/TELEMEDICINE RESEARCH AND EVALUATION, ESTABLISH THE TELEHEALTH/TELEMEDICINE RESEARCH AND DEVELOPMENT FUND, AND PROVIDE FOR CAPITAL FINANCING. S 2799-U. COORDINATION OF DEPARTMENT RESPONSIBILITIES FOR TELEHEALTH/TELEMEDICINE; ANNUAL PLAN. 1. THE COMMISSIONER SHALL COORDI- NATE AND FOCUS THE DEPARTMENT'S DEVELOPMENTAL, ADMINISTRATIVE, RESEARCH AND EVALUATION RESPONSIBILITIES FOR TELEHEALTH/TELEMEDICINE SERVICES. 2. THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI- FIED IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THIS ARTICLE, SHALL PREPARE AND SUBMIT AN ANNUAL PLAN TO SUPPORT THE PROVISION OF TELEHEALTH/TELEMEDICINE SERVICES PROVIDED PURSUANT TO SUBDIVISION THREE-C OF SECTION THIRTY-SIX HUNDRED FOURTEEN OF THIS CHAP- TER, AS WELL AS OTHER TELEHEALTH/TELEMEDICINE SERVICES FOR WHICH THE DEPARTMENT HAS DEVELOPMENTAL AND ADMINISTRATIVE RESPONSIBILITY. THE ANNUAL PLAN SHALL INCLUDE: (A) ANY NECESSARY RECOMMENDATIONS FOR LEGISLATIVE, ADMINISTRATIVE OR BUDGETARY SUPPORT FOR TELEHEALTH/TELEMEDICINE SERVICES; (B) THE IDENTIFICATION OF BARRIERS TO THE PROVISION OF AND ACCESS TO TELEHEALTH/TELEMEDICINE, INCLUDING EDUCATION AND TRAINING FOR BOTH PROVIDERS AND CONSUMERS, ELECTRONIC RECORDS INTERFACE, AND OTHER, AND THE METHODS BY WHICH THE DEPARTMENT WILL AID IN ADDRESSING SUCH BARRI- ERS; AND (C) AN ABSTRACT OF TELEHEALTH/TELEMEDICINE RESEARCH EITHER BEING OR TO BE CONDUCTED BY THE DEPARTMENT, OR FACILITATED BY THE DEPARTMENT AND BEING OR TO BE CONDUCTED BY PROVIDERS OR OTHER ENTITIES. 3. THE COMMISSIONER SHALL PROVIDE COPIES OF THE ANNUAL PLAN TO THE GOVERNOR, THE TEMPORARY PRESIDENT AND MINORITY LEADER OF THE SENATE AND THE SPEAKER AND MINORITY LEADER OF THE ASSEMBLY. 4. (A) THE COMMISSIONER, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECIFIED IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THIS ARTICLE, SHALL IDENTIFY STANDARDS DETERMINED TO BE NECESSARY FOR TELEHEALTH/TELEMEDICINE SERVICES UNDER THIS ARTICLE. SUCH STANDARDS, INCLUDING STANDARDS FOR THE PROTECTION OF PATIENT INFORMA- TION, SHALL BE IDENTIFIED FROM: (I) THE AMERICAN TELEMEDICINE ASSOCIATION, THE FEDERAL FOOD AND DRUG ADMINISTRATION AND/OR OTHER GENERALLY RECOGNIZED STANDARD-SETTING ORGAN- IZATIONS AS THE COMMISSIONER MAY DETERMINE; (II) TITLE EIGHT OF THE EDUCATION LAW AND REGULATIONS THERETO, THIS CHAPTER AND REGULATIONS THERETO AND, AS APPLICABLE, THE STANDARDS OF RELEVANT PROFESSIONAL OR ACCREDITING BODIES AS THE COMMISSIONER MAY DETERMINE, TO ENSURE THAT TELEHEALTH/TELEMEDICINE MONITORING IS CONDUCTED BY INDIVIDUALS IN ACCORDANCE WITH, AND AS LIMITED BY, THES. 662 3
APPLICABLE SCOPE OF PRACTICE, LICENSURE AND/OR CREDENTIALING PROVISIONS OF SUCH LAWS AND STANDARDS. (B) THE COMMISSIONER MAY INCORPORATE, WITHIN THE ANNUAL PLAN SUBMITTED PURSUANT TO SUBDIVISION TWO OF THIS SECTION, RECOMMENDATIONS FOR ANY ADDITIONAL STANDARDS OR REQUIREMENTS FOR TELEHEALTH/TELEMEDICINE SERVICES AS MAY BE NECESSARY UNDER THIS ARTICLE. S 2799-V. TELEHEALTH/TELEMEDICINE DEVELOPMENT; GRANTS FOR UNDERSERVED AREAS AND POPULATIONS. 1. SUBJECT TO THE AVAILABILITY OF FUNDING FROM SECTION NINETY-NINE-T OF THE STATE FINANCE LAW, FUNDS MADE AVAILABLE IN THE GENERAL FUND OR ANY OTHER FUNDS MADE AVAILABLE THEREFOR, THE DEPART- MENT SHALL PROVIDE GRANTS TO ELIGIBLE PROVIDERS FOR: (A) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN GEOGRAPHIC AREAS OF THE STATE DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE BASIS OF A LACK OF PROVIDERS PURSUANT TO THIS ARTICLE; (B) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES IN GEOGRAPHIC AREAS OF THE STATE DEEMED BY THE DEPARTMENT TO BE UNDERSERVED ON THE BASIS OF THE LACK OF TELEHEALTH/TELEMEDICINE SERVICES IN THE AREA; (C) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW POPU- LATIONS, WHERE EVIDENCE SUGGESTS THE PROVISION OF SUCH SERVICES WOULD FACILITATE THE MANAGEMENT OF PATIENT CARE, ACCESS TO CARE AND/OR COST-EFFECTIVENESS OF CARE; (D) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES FOR NEW CONDI- TIONS, WHERE EVIDENCE SUGGESTS THE PROVISION OF SUCH SERVICES WOULD FACILITATE THE MANAGEMENT OF SUCH CONDITIONS, ACCESS TO CARE AND/OR COST-EFFECTIVENESS OF CARE; (E) THE DEVELOPMENT OF TELEHEALTH/TELEMEDICINE SERVICES TO EVALUATE THE POTENTIAL BENEFITS OF NEW TELEHEALTH/TELEMEDICINE TECHNOLOGY, FOR PATIENT CARE, ACCESS TO CARE AND/OR COST-EFFECTIVENESS OF CARE; OR (F) SUCH OTHER PURPOSES AS THE DEPARTMENT MAY IDENTIFY. 2. ELIGIBLE PROVIDERS SHALL INCLUDE THOSE LICENSED, CERTIFIED OR AUTHORIZED UNDER ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS CHAP- TER OR UNDER SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER OR PHYSICIANS LICENSED UNDER ARTICLE ONE HUNDRED THIRTY-ONE OF TITLE EIGHT OF THE EDUCATION LAW; PROVIDED HOWEVER THAT ELIGIBILITY UNDER THIS SECTION TO PROVIDE TELEHEALTH/TELEMEDICINE SERVICES SHALL BE CONSISTENT WITH THE AUTHORITY FOR THE PROVISION OF CARE OTHERWISE PROVIDED PURSUANT TO ARTICLE TWENTY-EIGHT, THIRTY-SIX OR FORTY OF THIS CHAPTER OR UNDER SECTION FORTY-FOUR HUNDRED THREE-F OF THIS CHAPTER OR TITLE EIGHT OF THE EDUCATION LAW. 3. THE DEPARTMENT, IN CONSULTATION WITH ELIGIBLE PROVIDERS AS SPECI- FIED IN SUBDIVISION TWO OF THIS SECTION, SHALL ESTABLISH THE FORMS AND PROCESS FOR THE SUBMISSION AND APPROVAL OF GRANT APPLICATIONS PURSUANT TO THIS SUBDIVISION. S 2799-W. TELEHEALTH/TELEMEDICINE RESEARCH. 1. THE COMMISSIONER SHALL PROMOTE AND SUPPORT CLINICAL AND PROGRAMMATIC RESEARCH BY PROVIDERS AND OTHER ENTITIES TO FURTHER EVALUATE, REFINE AND/OR DEVELOP EFFECTIVE AND EFFICIENT APPLICATION OF TELEHEALTH/TELEMEDICINE METHODS AND TECHNOLOGY TO POPULATIONS, CONDITIONS AND CIRCUMSTANCES. THE COMMISSIONER SHALL MAKE AVAILABLE DATA AND TECHNICAL ASSISTANCE FOR SUCH RESEARCH, PROVIDED THAT ANY DATA MADE AVAILABLE MUST NOT CONTAIN INDIVIDUALLY IDENTIFYING INFORMATION. 2. THE COMMISSIONER IS AUTHORIZED TO APPLY FOR SUCH GOVERNMENTAL, PHILANTHROPIC AND OTHER GRANTS THAT MAY BE AVAILABLE FOR SUCH RESEARCH. MONIES FROM SUCH GRANTS SHALL BE DEPOSITED IN THE NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT AND RESEARCH GRANT FUND ESTABLISHED BY SECTION NINETY-NINE-T OF THE STATE FINANCE LAW.S. 662 4
3. THE DEPARTMENT SHALL CONSULT WITH ELIGIBLE PROVIDERS, AS SPECIFIED IN SUBDIVISION TWO OF SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THIS ARTICLE IN THE IMPLEMENTATION OF THIS SECTION. S 3. Section 3614 of the public health law is amended by adding a new subdivision 3-d to read as follows: 3-D. CAPITAL REIMBURSEMENT FOR TELEHEALTH/TELEMEDICINE. THE DEPARTMENT SHALL INCLUDE IN THE REIMBURSEMENT RATES ESTABLISHED PURSUANT TO THIS SECTION A COST ALLOWANCE FOR THE REIMBURSEMENT OF CAPITAL COSTS FOR THE DEVELOPMENT, OPERATION AND PROVISION OF TELEHEALTH/TELEMEDICINE SERVICES, INCLUDING THE LINKAGE OF TELEHEALTH/TELEMEDICINE AND ELECTRON- IC MEDICAL RECORDS. THE METHODOLOGY FOR THE INCLUSION OF THE ALLOWANCE SHALL BE DEVELOPED IN CONSULTATION WITH THE ELIGIBLE PROVIDERS FOR TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-SEVEN HUNDRED NINE- TY-NINE-U OF THIS ARTICLE. S 4. The state finance law is amended by adding a new section 99-t to read as follows: S 99-T. NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT AND RESEARCH GRANT FUND. 1. THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMPTROLLER AND COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE "NEW YORK STATE TELEHEALTH/TELEMEDICINE DEVELOPMENT AND RESEARCH FUND". 2. SUCH FUND SHALL CONSIST OF ALL MONIES APPROPRIATED FOR THE PURPOSE OF SUCH FUND AND ANY GRANT, GIFT OR BEQUEST MADE FOR PURPOSES OF DEVEL- OPMENT OR GRANTS FOR TELEHEALTH/TELEMEDICINE SERVICES PURSUANT TO SECTION TWENTY-SEVEN HUNDRED NINETY-NINE-V OF THE PUBLIC HEALTH LAW. 3. MONIES OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF HEALTH FOR THE PURPOSE OF PROVIDING DEVELOPMENT AND RESEARCH GRANTS FOR TELEHEALTH/TELEMEDICINE PURSUANT TO SECTION TWENTY-SEVEN HUNDRED NINE- TY-NINE-V OF THE PUBLIC HEALTH LAW. 4. THE MONIES OF THE FUND SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF HEALTH, OR BY AN OFFICER OR EMPLOYEE OF THE DEPARTMENT OF HEALTH DESIGNATED BY SUCH COMMISSIONER. S 5. This act shall take effect immediately; provided that section three of this act shall take effect on the first of April next succeed- ing the date on which this act shall have become law; provided further however that the commissioner of health shall be authorized to take all necessary steps to implement this section by such date.