Bill Text: NY A04182 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires licensed or certified health care practitioners acting within the lawful scope of their practice to report confirmed or suspected cases of pesticide poisoning; requires the commissioner of environmental conservation to investigate such cases.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2014-01-23 - reported referred to codes [A04182 Detail]

Download: New_York-2013-A04182-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4182
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced  by M. of A. ENGLEBRIGHT, SCHIMEL -- Multi-Sponsored by -- M.
         of A. COOK, GALEF, GLICK, ORTIZ --  read  once  and  referred  to  the
         Committee on Health
       AN ACT to amend the public health law and the environmental conservation
         law, in relation to reporting of pesticide poisonings
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The opening paragraph of paragraph (t) of subdivision 5  of
    2  section  225 of the public health law is designated subparagraph (i) and
    3  a new subparagraph (ii) is added to read as follows:
    4    (II) NOTWITHSTANDING THE REQUIREMENTS  OF  SUBPARAGRAPH  (I)  OF  THIS
    5  PARAGRAPH,  EVERY  HEALTH  CARE PRACTITIONER LICENSED OR CERTIFIED UNDER
    6  TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER  LAWFUL  SCOPE
    7  OF  PRACTICE  IN  ATTENDANCE  WITH  A PERSON WITH CONFIRMED OR SUSPECTED
    8  PESTICIDE POISONING, OR CLINICAL  LABORATORY  TEST  RESULTS  WHICH  SHOW
    9  ABNORMALLY  DEPRESSED  CHOLINESTERASE  LEVELS  AND  ABNORMALLY  ELEVATED
   10  TISSUE LEVELS OF PESTICIDES, SHALL REPORT SUCH OCCURRENCE TO THE COMMIS-
   11  SIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION  WITHIN  TWEN-
   12  TY-FOUR  HOURS,  INCLUDING THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
   13  PERSON EXPOSED TO PESTICIDES; THE NATURE OF THE PESTICIDE EXPOSURE;  THE
   14  LOCATION WHERE THE EXPOSURE OCCURRED; THE NAME OF THE PESTICIDE APPLICA-
   15  TOR,  IF APPLICABLE, WHO APPLIED OR OTHERWISE HANDLED THE PESTICIDE; AND
   16  THE PESTICIDE IDENTIFIED OR SUSPECTED IN THE PESTICIDE POISONING OR TEST
   17  RESULTS. EVERY PERSON WITH CONFIRMED OR SUSPECTED PESTICIDE POISONING OR
   18  CLINICAL LABORATORY TEST RESULTS WHICH SHOW ABNORMALLY DEPRESSED  CHOLI-
   19  NESTERASE  LEVELS  AND  ABNORMALLY  ELEVATED TISSUE LEVELS OF PESTICIDES
   20  SHALL BE INFORMED BY THE HEALTH CARE PRACTITIONER LICENSED OR  CERTIFIED
   21  UNDER  TITLE  EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER LAWFUL
   22  SCOPE OF PRACTICE, THAT ALL INFORMATION AND DATA FROM THE  DIAGNOSIS  OR
   23  TEST  RESULTS  WILL  BE  DISCLOSED  TO  THE  DEPARTMENT OF ENVIRONMENTAL
   24  CONSERVATION. SUCH PERSON SHALL BE INFORMED THAT THEIR NAME, ADDRESS AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07638-01-3
       A. 4182                             2
    1  TELEPHONE NUMBER WILL BE KEPT CONFIDENTIAL, EXCEPT THAT HE  OR  SHE  MAY
    2  WAIVE THIS CONFIDENTIALITY IF THEY WISH. CONFIDENTIALITY OF THE PERSON'S
    3  NAME, ADDRESS AND TELEPHONE NUMBER SHALL BE THE SHARED RESPONSIBILITY OF
    4  THE  DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, EXCEPT
    5  IF THE PERSON WAIVES THIS RIGHT.
    6    S 2. Section 71-2903 of the environmental conservation law is  amended
    7  by adding a new subdivision 3 to read as follows:
    8    3.  THE  COMMISSIONER, OR ANY AUTHORIZED DESIGNEE OF THE COMMISSIONER,
    9  SHALL IMMEDIATELY INVESTIGATE ALL REPORTS FROM THE DEPARTMENT OF HEALTH,
   10  PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (T) OF  SUBDIVISION  FIVE  OF
   11  SECTION  TWO  HUNDRED TWENTY-FIVE OF THE PUBLIC HEALTH LAW, OF CONFIRMED
   12  OR SUSPECTED PESTICIDE POISONING OR  CLINICAL  LABORATORY  TEST  RESULTS
   13  WHICH   SHOW  ABNORMAL  DEPRESSED  CHOLINESTERASE  LEVELS  AND  ABNORMAL
   14  ELEVATED TISSUE LEVELS OF PESTICIDES. THE  COMMISSIONER  SHALL  ANNUALLY
   15  REPORT  IN  DETAIL  THE  RESULTS  OF SUCH INVESTIGATIONS OF CONFIRMED OR
   16  SUSPECTED INCIDENCE OF PESTICIDE POISONING AND RESULTS OF  ALL  CLINICAL
   17  LABORATORY  TEST  RESULTS WHICH SHOW ABNORMALLY DEPRESSED CHOLINESTERASE
   18  LEVELS AND ABNORMALLY ELEVATED TISSUE LEVELS  OF  PESTICIDES,  EXCLUDING
   19  ONLY  THE NAMES, ADDRESSES AND TELEPHONE NUMBERS  OF THE PERSONS EXPOSED
   20  TO PESTICIDES, UNLESS THIS RIGHT TO CONFIDENTIALITY HAS BEEN WAIVED,  TO
   21  THE  SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
   22  CHAIRS OF THE SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION AND  HEALTH
   23  COMMITTEES  AND  THE COMMISSIONER OF HEALTH BY JANUARY THIRTIETH FOR THE
   24  PREVIOUS CALENDAR YEAR. ALL INFORMATION AND DATA FROM COMPLETED INVESTI-
   25  GATIONS SHALL BE AVAILABLE TO THE PUBLIC THROUGH THE FREEDOM OF INFORMA-
   26  TION LAW, EXCEPT AS SUCH INFORMATION IS REQUIRED TO BE KEPT CONFIDENTIAL
   27  AND THAT CONFIDENTIALITY HAS NOT BEEN WAIVED.
   28    S 3. This act shall take effect on the sixtieth  day  after  it  shall
   29  have become a law.