Bill Text: NY A08829 | 2011-2012 | General Assembly | Introduced
Bill Title: Establishes the clinical information resource access program to provide information on clinical practice to medical institutions and facilities.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2012-01-04 - referred to health [A08829 Detail]
Download: New_York-2011-A08829-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 8829 I N A S S E M B L Y (PREFILED) January 4, 2012 ___________ Introduced by M. of A. QUART -- read once and referred to the Committee on Health AN ACT to amend the public health law, in relation to establishing the clinical information resource access program THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 201 of the public health law is 2 amended by adding two new paragraphs (k-1) and (k-2) to read as follows: 3 (K-1) PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THIS TITLE, COORDI- 4 NATE CLINICAL INFORMATION RESOURCES WITHIN NEW YORK STATE TO AVOID 5 UNNECESSARY DUPLICATION OF EFFORT, RESOURCES AND FACILITIES; 6 (K-2) PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THIS TITLE, ENCOURAGE 7 EDUCATION AND TRAINING IN THE AREA OF CLINICAL INFORMATION RESOURCES 8 INCLUDING, BUT NOT LIMITED TO, THE ACQUISITION, LICENSING AND DISSEM- 9 INATION OF PRINT AND ELECTRONIC RESOURCES; 10 S 2. The public health law is amended by adding a new section 207-a 11 to read as follows: 12 S 207-A. CLINICAL INFORMATION RESOURCE ACCESS PROGRAM. 1. THE 13 DEPARTMENT, IN CONSULTATION AND COOPERATION WITH THE BOARD OF REGENTS 14 AND THE BOARD OF TRUSTEES OF THE STATE UNIVERSITY, SHALL ENTER INTO 15 CONTRACTS AND GRANT LICENSES FOR THE PROVISION TO INSTITUTIONS AND 16 FACILITIES, ELECTING TO PARTICIPATE PURSUANT TO SUBDIVISION TWO OF THIS 17 SECTION OF ELECTRONIC AND PRINT RESOURCES ON MEDICAL INFORMATION RELATED 18 TO CLINICAL PRACTICE INCLUDING, BUT NOT LIMITED TO, ACADEMIC, PROFES- 19 SIONAL AND BUSINESS JOURNALS, REFERENCE HANDBOOKS AND MANUALS, RESEARCH 20 TRACKING TOOLS, INDICES, AND ABSTRACTS. ALL COSTS OF SUCH CONTRACTS AND 21 LICENSES SHALL BE BORNE BY THE INSTITUTIONS AND FACILITIES, ELECTING TO 22 PARTICIPATE PURSUANT TO SUBDIVISION TWO OF THIS SECTION, ON A PRO-RATA 23 BASIS AS SHALL BE DETERMINED BY THE DEPARTMENT. EACH PARTICIPATING 24 INSTITUTION AND FACILITY SHALL PAY ITS PRO-RATA SHARE TO THE DEPARTMENT 25 AT SUCH TIMES AS SHALL BE DETERMINED TO BE NECESSARY BY THE STATE COMP- 26 TROLLER. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11032-05-1 A. 8829 2 1 2. THE ELECTRONIC AND PRINT RESOURCES ON MEDICAL INFORMATION RELATED 2 TO CLINICAL PRACTICE MADE AVAILABLE PURSUANT TO SUBDIVISION ONE OF THIS 3 SECTION SHALL BE MADE AVAILABLE TO INSTITUTIONS AND FACILITIES ENGAGED 4 IN CLINICAL HEALTH PRACTICE OR THE PROVISION OF ACADEMIC CURRICULA IN 5 SUPPORT OF ANY SUCH PRACTICE, AND WHICH PROVIDE NOTICE TO THE DEPARTMENT 6 OF THEIR INTENT TO BE PROVIDED WITH SUCH RESOURCES. PARTICIPATING INSTI- 7 TUTIONS AND FACILITIES SHALL INCLUDE RESEARCHERS, SCHOLARS, FACULTY AND 8 STUDENTS OF MEMBER AND ASSOCIATE INSTITUTIONS OF THE NEW YORK STATE 9 HIGHER EDUCATION INITIATIVE; HEALTH CARE PRACTITIONERS AT CLINICAL 10 FACILITIES AND INSTITUTIONS AFFILIATED WITH A MEMBER OR ASSOCIATE INSTI- 11 TUTION OF THE NEW YORK STATE HIGHER EDUCATION INITIATIVE; OTHER INSTI- 12 TUTIONS REGISTERED WITH THE OFFICE OF COLLEGE AND UNIVERSITY EVALUATION 13 OF THE EDUCATION DEPARTMENT; THE STATE LIBRARY; AND SUCH MEDICAL 14 LIBRARIES AS SHALL BE DESIGNATED BY THE ADVISORY BOARD ESTABLISHED BY 15 SUBDIVISION THREE OF THIS SECTION. EACH PARTICIPATING INSTITUTION AND 16 FACILITY SHALL GRANT INFORMATION ACCESS TO HEALTH CARE PROVIDERS 17 LICENSED PURSUANT TO TITLE EIGHT OF THE EDUCATION LAW, FACILITIES 18 LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND FEDERALLY 19 QUALIFIED HEALTH CLINICS OPERATING WITHIN THIS STATE. 20 3. A. THE DEPARTMENT SHALL ESTABLISH AN ADVISORY BOARD FOR THE PURPOSE 21 OF DESIGNATING MEDICAL LIBRARIES ELIGIBLE TO BE PARTICIPATING INSTI- 22 TUTIONS AND FACILITIES, AND MAKING RECOMMENDATIONS TO THE DEPARTMENT 23 RELATING TO THE SELECTION, PROCUREMENT AND MAINTENANCE OF MEDICAL INFOR- 24 MATION RESOURCES PURSUANT TO THIS SECTION. THE ADVISORY BOARD SHALL BE 25 COMPOSED OF TEN MEMBERS APPOINTED BY THE COMMISSIONER AS FOLLOWS: ONE 26 REPRESENTATIVE OF ACADEMIC AND RESEARCH LIBRARIES OF SMALL INSTITUTIONS 27 OF HIGHER EDUCATION; ONE REPRESENTATIVE OF ACADEMIC AND RESEARCH 28 LIBRARIES OF MEDIUM INSTITUTIONS OF HIGHER EDUCATION; ONE REPRESENTATIVE 29 OF ACADEMIC AND RESEARCH LIBRARIES OF LARGE INSTITUTIONS OF HIGHER 30 EDUCATION; ONE REPRESENTATIVE OF MEDICAL SCHOOL LIBRARIES; ONE REPRESEN- 31 TATIVE OF COMMUNITY HOSPITALS; ONE REPRESENTATIVE OF PUBLIC HEALTH 32 ORGANIZATIONS; ONE REPRESENTATIVE OF FEDERALLY QUALIFIED HEALTH CLINICS; 33 AND THREE AT LARGE MEMBERS. THE MEMBERS OF THE ADVISORY BOARD SHALL BE 34 BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS OF THE STATE. THE ADVI- 35 SORY BOARD SHALL ELECT ITS CHAIR FROM AMONGST ITS MEMBERSHIP. 36 B. THE ADVISORY BOARD SHALL MEET AT THE CALL OF ITS CHAIR OR THE 37 COMMISSIONER. NO ACTION SHALL BE TAKEN BY THE ADVISORY BOARD EXCEPT 38 UPON THE AFFIRMATIVE VOTE OF SEVEN MEMBERS THEREOF. 39 C. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR 40 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES 41 INCURRED IN THE PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SUBDIVI- 42 SION. 43 S 3. This act shall take effect immediately.