Bill Text: NY S00067 | 2021-2022 | General Assembly | Amended
Bill Title: Requires that certain information be provided to patients and health care practitioners regarding sudden unexpected death in epilepsy.
Spectrum: Strong Partisan Bill (Democrat 20-2)
Status: (Introduced - Dead) 2022-06-02 - SUBSTITUTED BY A3298A [S00067 Detail]
Download: New_York-2021-S00067-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 67--A 2021-2022 Regular Sessions IN SENATE (Prefiled) January 6, 2021 ___________ Introduced by Sens. HOYLMAN, ADDABBO, BIAGGI, BRISPORT, CLEARE, COMRIE, COONEY, GRIFFO, HARCKHAM, JACKSON, MANNION, MAY, MYRIE, PALUMBO, RAMOS, REICHLIN-MELNICK, RIVERA, SALAZAR, SAVINO, SEPULVEDA, SKOUFIS, STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Health -- recommitted to the Committee on Health in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public health law, in relation to information provided to patients regarding sudden unexpected death in epilepsy The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "Natasha 2 Gembka SUDEP Awareness Act." 3 § 2. Subdivision 2 of section 2995 of the public health law is amended 4 by adding two new paragraphs (f) and (g) to read as follows: 5 (f) "Health care practitioner" shall mean a physician, nurse practi- 6 tioner, or physician assistant licensed or certified pursuant to title 7 eight of the education law. 8 (g) "Sudden unexpected death in epilepsy" shall mean sudden, unex- 9 pected death in patients with epilepsy, with or without evidence of a 10 seizure. 11 § 3. The public health law is amended by adding a new section 2997-f-1 12 to read as follows: 13 § 2997-f-1. Provision of information relating to sudden unexpected 14 death in epilepsy. 1. Any health care practitioner who is treating a 15 patient diagnosed with epilepsy and at elevated risk for sudden unex- 16 pected death in epilepsy, who has primary responsibility for the treat- 17 ment and care of the patient for epilepsy, other than a health care EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01948-04-2S. 67--A 2 1 practitioner treating such patient in an emergency situation, shall 2 provide such patient with the following written information: 3 (a) current and evidence-based information about sudden unexpected 4 death in epilepsy risk factors and conditions reviewed and approved by 5 one or more professional not-for-profit organizations with expertise in 6 neurology and epilepsy; and 7 (b) contact information for nonprofit organizations that provide 8 information and support services for epilepsy conditions. 9 2.(a) The commissioner shall provide written information to health 10 care practitioners necessary to implement subdivision one of this 11 section, and shall post such information on the department's website. 12 (b) The commissioner shall ensure that such information is culturally 13 and linguistically appropriate for all recipients. 14 (c) Any local or national organization that provides education or 15 services related to epilepsy conditions may request that the commission- 16 er include such organization's informational material and contact infor- 17 mation on the department's website. Once such a request is made, the 18 commissioner may add the information to the department's website at his 19 or her discretion. 20 (d) The commissioner shall, in consultation with local and national 21 organizations that provide education or services related to epilepsy 22 conditions, provide guidance to health care practitioners to assist 23 health care practitioners in determining whether a patient is at 24 elevated risk for sudden unexpected death in epilepsy, including but not 25 limited to, whether the patient has had convulsive seizures, the 26 frequency and recency of such seizures, and whether the patient's symp- 27 toms have subsided in response to medicinal or surgical treatment. 28 3. A health care practitioner found to be in violation of this section 29 shall be issued a warning and shall suffer no further civil penalty or 30 discipline on any first offense, provided such violation was not commit- 31 ted willfully and knowingly. 32 § 4. This act shall take effect on the ninetieth day after it shall 33 have become a law.
