Bill Text: NY A03102 | 2009-2010 | General Assembly | Introduced
Bill Title: An act to amend the public health law, in relation to a comprehensive statewide cancer education program
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2010-01-06 - referred to health [A03102 Detail]
Download: New_York-2009-A03102-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
3102
2009-2010 Regular Sessions
I N A S S E M B L Y
January 22, 2009
___________
Introduced by M. of A. KOON, MAGEE, ZEBROWSKI -- Multi-Sponsored by --
M. of A. COLTON, COOK, EDDINGTON, HOOPER, JOHN, MAYERSOHN, PERRY,
PHEFFER, ROBINSON, WEISENBERG -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to a comprehensive
statewide cancer education program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 2400 of the public health law is amended to read as
2 follows:
3 S 2400. Cancer; powers and duties of commissioner. The commissioner
4 shall conduct investigations of the cause, mortality, methods of treat-
5 ment, prevention and cure of cancer, and allied diseases, including the
6 nature and extent of the facilities available in the several counties
7 and cities of the state, for the diagnosis and treatment of these
8 diseases, and shall cooperate with local health authorities, physicians,
9 hospitals, clinics and voluntary associations, in the development of
10 suitable facilities for the diagnosis, treatment and control of cancer
11 AND ESTABLISH A COMPREHENSIVE STATE-WIDE EDUCATION PROGRAM ABOUT
12 PREVENTION, DIAGNOSIS AND TREATMENT OF CANCER.
13 S 2. Article 24 of the public health law is amended by adding a new
14 title 3 to read as follows:
15 TITLE III
16 CANCER DETECTION AND EDUCATION PROGRAM
17 SECTION 2426. CANCER DETECTION AND EDUCATION PROGRAM; ESTABLISHMENT.
18 2427. ADVISORY COUNCIL.
19 2428. ANNUAL REPORT.
20 S 2426. CANCER DETECTION AND EDUCATION PROGRAM; ESTABLISHMENT. 1.
21 THERE IS HEREBY CREATED WITHIN THE DEPARTMENT THE CANCER DETECTION AND
22 EDUCATION PROGRAM. THIS PROGRAM IS ESTABLISHED TO PROMOTE SCREENING AND
23 DETECTION OF CANCER AMONG NEW YORKERS, TO EDUCATE THE PUBLIC REGARDING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02345-01-9
A. 3102 2
1 ALL TYPES OF CANCER AND THE BENEFITS OF EARLY DETECTION, AND TO PROVIDE
2 INFORMATION ON AVAILABLE COUNSELING AND REFERRAL SERVICES.
3 2. THE PROGRAM SHALL INCLUDE:
4 (A) ESTABLISHMENT OF A STATEWIDE PUBLIC EDUCATION AND OUTREACH
5 CAMPAIGN TO PUBLICIZE THE IMPORTANCE OF CANCER DETECTION AND EDUCATION
6 SERVICES, SUCH CAMPAIGN SHALL INCLUDE: GENERAL COMMUNITY EDUCATION,
7 OUTREACH TO UNDERSERVED POPULATIONS, SCREENING SERVICES AND FOLLOW-UP
8 CARE, AND INFORMATION ON THE EXTENT OF COVERAGE FOR SUCH SERVICES BY
9 HEALTH INSURANCE, THE MEDICAL ASSISTANCE PROGRAM AND OTHER PUBLIC AND
10 PRIVATE PROGRAMS;
11 (B) COMPILATION OF DATA CONCERNING THE CANCER DETECTION AND EDUCATION
12 PROGRAM AND DISSEMINATION OF THE DATA TO THE PUBLIC; AND
13 (C) DEVELOPMENT OF PROFESSIONAL EDUCATION PROGRAMS INCLUDING DISSEM-
14 INATION OF INFORMATION ABOUT THE CANCER RISKS ASSOCIATED WITH ENVIRON-
15 MENTAL AND BEHAVIORAL FACTORS, INCLUDING BUT NOT LIMITED TO, SMOKING,
16 DIET, INFECTIOUS DISEASE, DIOXIN EXPOSURE, CHEMICALS, AND RADIATION. IN
17 ADDITION, THE EDUCATION PROGRAMS SHALL ALSO EDUCATE THE PUBLIC ABOUT THE
18 ROLE OF FAMILY HISTORY AND CANCER.
19 S 2427. ADVISORY COUNCIL. 1. THERE IS HEREBY ESTABLISHED IN THE
20 DEPARTMENT THE CANCER DETECTION AND EDUCATION ADVISORY COUNCIL TO BE
21 COMPOSED OF THIRTEEN MEMBERS WHO SHALL BE APPOINTED IN THE FOLLOWING
22 MANNER: TWO SHALL BE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE
23 AND ONE BY THE MINORITY LEADER OF THE SENATE; TWO SHALL BE APPOINTED BY
24 THE SPEAKER OF THE ASSEMBLY AND ONE BY THE MINORITY LEADER OF THE ASSEM-
25 BLY; SEVEN SHALL BE APPOINTED BY THE GOVERNOR. THE GOVERNOR SHALL DESIG-
26 NATE THE CHAIR OF THE ADVISORY COUNCIL. THE MEMBERS OF THE COUNCIL SHALL
27 BE REPRESENTATIVE OF THE PUBLIC, PERSONS WITH CANCER, LOCAL HEALTH
28 DEPARTMENTS, HEALTH CARE PROVIDERS, AND RECOGNIZED EXPERTS IN THE
29 PROVISION OF HEALTH SERVICES, CANCER RESEARCH, OR ENVIRONMENTAL HEALTH.
30 THE MEMBERS OF THE COUNCIL SHALL SERVE FOR A TERM OF TWO YEARS TO
31 COMMENCE ON JULY FIRST. REPLACEMENTS OR REAPPOINTMENTS THEREAFTER SHALL
32 BE MADE AT THE EXPIRATION OF THE TERM OF EACH MEMBER, BY THE APPOINTING
33 OFFICIAL WHO ORIGINALLY APPOINTED SUCH MEMBER. VACANCIES SHALL BE FILLED
34 BY APPOINTMENT IN LIKE MANNER FOR UNEXPIRED TERMS.
35 2. THE ADVISORY COUNCIL SHALL BE RESPONSIBLE FOR ADVISING THE COMMIS-
36 SIONER WITH RESPECT TO THE IMPLEMENTATION OF THIS TITLE, INCLUDING, BUT
37 NOT LIMITED TO:
38 (A) PROMOTION OF EARLY DETECTION OF CANCER, INCLUDING: (I) DISSEM-
39 INATION OF INFORMATION REGARDING THE INCIDENCE OF CANCER, THE RISK
40 FACTORS ASSOCIATED WITH CANCER AND THE BENEFITS OF EARLY DETECTION AND
41 TREATMENT; AND (II) CLINICAL EXAMINATION;
42 (B) PROMOTION OF COUNSELING AND INFORMATION ON TREATMENT OPTIONS AND
43 REFERRAL FOR APPROPRIATE MEDICAL TREATMENT;
44 (C) DISSEMINATION OF INFORMATION TO UNSERVED AND UNDERSERVED POPU-
45 LATIONS, TO THE GENERAL PUBLIC AND TO HEALTH CARE PROFESSIONALS CONCERN-
46 ING CANCER, THE BENEFITS OF EARLY DETECTION AND TREATMENT, AND THE
47 AVAILABILITY OF CANCER SCREENING SERVICES;
48 (D) IDENTIFICATION OF LOCAL CANCER SCREENING SERVICES;
49 (E) DISSEMINATION OF INFORMATION REGARDING COUNSELING AND REFERRAL
50 SERVICES TO INDIVIDUALS DIAGNOSED WITH CANCER; AND
51 (F) AN EVALUATION COMPONENT TO ASSIST IN DETERMINING IF THE PROGRAM
52 ACCOMPLISHES ITS STATED OBJECTIVES.
53 3. THE ADVISORY COUNCIL SHALL PERFORM AN EVALUATION OF EARLY DETECTION
54 AND TREATMENT OF CANCER WITHIN THE STATE AND SHALL SUBMIT TO THE LEGIS-
55 LATURE AND THE GOVERNOR A REPORT DETAILING ITS FINDINGS AND RECOMMENDA-
56 TIONS CONCERNING THE STATE'S RESPONSE TO THE INCIDENCE OF CANCER. SUCH
A. 3102 3
1 REPORT SHALL BE SUBMITTED NO LATER THAN JANUARY FIRST, TWO THOUSAND
2 TWELVE. THE DEPARTMENT SHALL PROVIDE SUCH INFORMATION AND ASSISTANCE AS
3 THE ADVISORY COUNCIL SHALL REQUIRE IN ORDER TO COMPLETE ITS REPORT.
4 4. THE ADVISORY COUNCIL SHALL MEET AT LEAST THREE TIMES A YEAR, AT THE
5 REQUEST OF THE CHAIR.
6 5. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR THEIR
7 SERVICES, BUT SHALL BE ALLOWED THE ACTUAL AND NECESSARY EXPENSES
8 INCURRED IN PERFORMANCE OF THEIR DUTIES.
9 S 2428. ANNUAL REPORT. THE COMMISSIONER SHALL SUBMIT ON OR BEFORE
10 DECEMBER FIRST, AN ANNUAL REPORT TO THE GOVERNOR AND THE LEGISLATURE
11 CONCERNING THE OPERATION OF THE CANCER DETECTION AND EDUCATION ADVISORY
12 COUNCIL. SUCH REPORT SHALL INCLUDE ANY RECOMMENDATIONS FOR ADDITIONAL
13 ACTION TO RESPOND TO THE INCIDENCES OF CANCER IN THIS STATE.
14 S 3. This act shall take effect on the one hundred twentieth day after
15 it shall have become a law. Effective immediately, the addition, amend-
16 ment and/or repeal of any rule or regulation necessary for the implemen-
17 tation of this act on its effective date are authorized and directed to
18 be made and completed on or before such effective date.
