Bill Text: NY A05313 | 2011-2012 | General Assembly | Introduced
Bill Title: Creates the breast cancer registry; provides that the department of health be responsible for investigation and research concerning the causes, mortality, prevention, early detection and treatment of breast cancer.
Spectrum: Moderate Partisan Bill (Republican 17-2)
Status: (Introduced - Dead) 2011-02-15 - referred to health [A05313 Detail]
Download: New_York-2011-A05313-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5313 2011-2012 Regular Sessions I N A S S E M B L Y February 15, 2011 ___________ Introduced by M. of A. MOLINARO, KOLB, COOK, McKEVITT, TOBACCO, RAIA -- Multi-Sponsored by -- M. of A. BARCLAY, CONTE, CROUCH, DUPREY, FINCH, GIGLIO, HAWLEY, JORDAN, P. LOPEZ, SAYWARD, SPANO, TEDISCO, THIELE -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to creating the breast cancer registry THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. The public health law is amended by adding a new article 2 27-M to read as follows: 3 ARTICLE 27-M 4 BREAST CANCER REGISTRY 5 SECTION 2799-T.1. DECLARATION OF POLICY. 6 2799-T.2. BREAST CANCER REGISTRY. 7 2799-T.3. COMMISSIONER; FUNCTIONS, POWERS AND DUTIES. 8 2799-T.4. REPORTING OF BREAST CANCER; CONFIDENTIALITY OF INFOR- 9 MATION. 10 S 2799-T.1. DECLARATION OF POLICY. THE OCCURRENCE OF BREAST CANCER IS 11 A TRAGEDY FOR THE INDIVIDUAL, THE FAMILY AND THE COMMUNITY, AND A MATTER 12 OF VITAL CONCERN TO THE PUBLIC HEALTH. IN ORDER TO PROVIDE FOR THE 13 PROTECTION AND PROMOTION OF THE HEALTH OF THE INHABITANTS OF THE STATE, 14 THE DEPARTMENT SHALL HAVE THE CENTRAL AND COMPREHENSIVE RESPONSIBILITY 15 FOR THE ADMINISTRATION OF THE STATE'S POLICY WITH RESPECT TO THE CONDUCT 16 OF SCIENTIFIC INVESTIGATIONS AND RESEARCH CONCERNING THE CAUSES, 17 PREVENTION, EARLY DETECTION AND TREATMENT OF BREAST CANCER. ALL INFOR- 18 MATION SHALL BE AVAILABLE TO HEALTH CARE PROFESSIONALS THROUGH A TELE- 19 COMMUNICATIONS SYSTEM SET UP, MONITORED AND UPDATED BY THE DEPARTMENT OR 20 UPON REQUEST TO THE DEPARTMENT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08267-01-1 A. 5313 2 1 S 2799-T.2. BREAST CANCER REGISTRY. THE COMMISSIONER SHALL ESTABLISH 2 WITHIN THE DEPARTMENT A BREAST CANCER REGISTRY FOR THE PURPOSES OF 3 INVESTIGATING THE CAUSES, MORTALITY, METHODS OF TREATMENT AND PREVENTION 4 OF BREAST CANCER. 5 S 2799-T.3. COMMISSIONER; FUNCTIONS, POWERS AND DUTIES. THE COMMIS- 6 SIONER SHALL HAVE THE FOLLOWING POWERS AND DUTIES: 7 1. TO CONDUCT SURVEYS OF THE CAUSES, MORTALITY, METHODS OF DETECTION, 8 METHODS OF TREATMENT AND PREVENTION OF BREAST CANCER; SUCH DATA SHALL BE 9 COLLECTED AT COUNTY LEVELS AND ORGANIZED BY HEALTH SYSTEM AGENCY 10 REGIONS. 11 2. TO PUBLISH ON JANUARY FIRST AND JULY FIRST OF EACH YEAR THE RESULTS 12 OF SUCH SURVEYS FOR THE BENEFIT OF THE PUBLIC HEALTH AND COLLATE SUCH 13 PUBLICATIONS FOR DISTRIBUTION TO SCIENTIFIC ORGANIZATIONS AND QUALIFIED 14 SCIENTISTS AND PHYSICIANS. 15 S 2799-T.4. REPORTING OF BREAST CANCER; CONFIDENTIALITY OF INFORMA- 16 TION. 1. BREAST CANCER SHALL BE REPORTED WITHIN NINETY DAYS OF DISCOV- 17 ERY BY PHYSICIANS AND HOSPITALS. SUCH DATA SHALL BE ENTERED BY THE 18 DEPARTMENT INTO A CENTRAL COMPUTER DRIVEN REGISTRY WITHIN THIRTY DAYS OF 19 RECEIPT, SUCH DATA SHOULD BE RETURNABLE NO LATER THAN TEN DAYS AFTER 20 INPUT. INFORMATION SHALL BE AVAILABLE TO HEALTH CARE PROFESSIONALS ON 21 DEMAND. SUCH DATA SHALL BE ORGANIZED BY REGION OF THE STATE, AGE, CLAS- 22 SIFICATION AND WHATEVER CATEGORY DEEMED REASONABLE BY THE COMMISSIONER. 23 2. SUCH REPORTS AND INFORMATION CONTAINED IN THE REGISTRY SHALL BE 24 KEPT CONFIDENTIAL AND SHALL NOT BE ADMISSIBLE AS EVIDENCE IN AN ACTION 25 OR PROCEEDING IN ANY COURT OR BEFORE ANY OTHER TRIBUNAL, BOARD, AGENCY 26 OR PERSON. THE COMMISSIONER SHALL, HOWEVER, AT LEAST ANNUALLY, PUBLISH 27 ANALYSES OF SUCH REPORTS AND INFORMATION FOR SCIENTIFIC AND PUBLIC 28 HEALTH PURPOSES, IN SUCH A MANNER AS TO ASSURE THAT THE IDENTITIES OF 29 THE INDIVIDUALS CONCERNED CANNOT BE ASCERTAINED. 30 S 2. This act shall take effect on the thirtieth day after it shall 31 have become a law.