Bill Text: NY S05135 | 2023-2024 | General Assembly | Amended

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Bill Title: Creates an educational pamphlet regarding the importance of prostate-specific antigen testing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05135 Detail]

Download: New_York-2023-S05135-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         5135--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 23, 2023
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed  to  the  Committee  on  Health  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN ACT to amend the public health law, in relation to creating an educa-
          tional  pamphlet regarding the importance of prostate-specific antigen
          testing

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  2404-a  of  the public health law, as amended by
     2  chapter 335 of the laws of 2018, is amended to read as follows:
     3    § 2404-a. Prostate cancer; duty to inform;  educational  pamphlet.  1.
     4  The  commissioner  shall  develop  [a  standardized  written summary] an
     5  educational pamphlet,  in  plain  non-technical  language,  which  shall
     6  explain the following:
     7    (a) the symptoms and risk factors for prostate cancer;
     8    (b)  the available methods for the detection and diagnosis of prostate
     9  cancer, including information on the relative accuracy of the  available
    10  detection  and  diagnostic  techniques,  including,  but not limited to,
    11  prostate-specific antigen testing;
    12    (c) the availability of insurance coverage  for  diagnostic  screening
    13  for prostate cancer without cost sharing pursuant to subparagraph (B) of
    14  paragraph  eleven-a  of  subsection  (i)  of  section three thousand two
    15  hundred sixteen, subparagraph (B) of paragraph  eleven-a  of  subsection
    16  (1)  of  section three thousand two hundred twenty-one and paragraph two
    17  of subsection (z-1) of section four thousand three hundred three of  the
    18  insurance law; and
    19    (d)  the  alternative  medically  viable  methods of treating prostate
    20  cancer, including but not limited to hormonal, radiological, chemothera-
    21  peutic or surgical treatments, or combinations  thereof.  The  [summary]
    22  educational  pamphlet  shall contain information on prostate post-treat-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07206-04-3
        S. 5135--A                          2

     1  ment risks and other pertinent information to aid a person in deciding a
     2  course of treatment. The [summary] educational pamphlet shall be updated
     3  as is necessary.
     4    2.  The [summary] educational pamphlet shall be provided to any health
     5  care provider or practitioner providing medical treatment to  adult  men
     6  with  a  prostate  without  charge or fee for distribution in accordance
     7  with subdivision three of this section.
     8    3. The [standardized written summary]  educational  pamphlet  provided
     9  for  by subdivision one of this section may be provided by a health care
    10  provider to [each person] adult men with a prostate  under  his  or  her
    11  care  [who].  Health care providers may provide to and discuss with each
    12  adult man with a prostate under his or her care the educational pamphlet
    13  where such adult man with a prostate is or may be at risk  for  prostate
    14  cancer  or  who  has been diagnosed to be afflicted with prostate cancer
    15  upon said diagnosis, or as soon thereafter as practicable.  The informa-
    16  tional pamphlet shall be written in layperson's language  and  shall  be
    17  made  available in English and the six most common non-English languages
    18  spoken by individuals with limited English proficiency in New York state
    19  as based on the most recent census.
    20    4. Nothing in this section shall be construed to  create  a  cause  of
    21  action  for lack of informed consent in any instance in which such cause
    22  of action would be limited by section  twenty-eight  hundred  five-d  of
    23  this chapter.
    24    [5.  The commissioner shall have the written summary, required by this
    25  section, completed and prepared for distribution on  or  before  January
    26  first, nineteen hundred ninety-eight.]
    27    §  2.  This  act shall take effect on the ninetieth day after it shall
    28  have become a law.