Bill Text: OH HB612 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: Regarding the Ohio Cancer Incidence Surveillance System.
Spectrum: Slight Partisan Bill (Democrat 5-2)
Status: (Introduced - Dead) 2012-11-27 - To Health & Aging [HB612 Detail]
Download: Ohio-2011-HB612-Introduced.html
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Representative Damschroder
Cosponsors:
Representatives Yuko, Smith, Reece, Garland, Antonio, Milkovich
To amend sections 3701.261, 3701.262, 3701.263, and | 1 |
3701.99 and to enact sections 3701.265, 3701.266, | 2 |
and 3701.267 of the Revised Code regarding the | 3 |
Ohio Cancer Incidence Surveillance System. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3701.261, 3701.262, 3701.263, and | 5 |
3701.99 be amended and sections 3701.265, 3701.266, and 3701.267 | 6 |
of the Revised Code be enacted to read as follows: | 7 |
Sec. 3701.261. (A) The director of health shall: | 8 |
(1) Establish a population-based cancer registry, which shall | 9 |
be known as the Ohio cancer incidence surveillance system, to | 10 |
monitor the incidence of various types of malignant diseases in | 11 |
Ohio, make appropriate epidemiologic studies to determine any | 12 |
causal relations of such diseases with occupational, nutritional, | 13 |
environmental, or infectious conditions, and alleviate or | 14 |
eliminate any such conditions; | 15 |
(2) Advise, consult, cooperate with, and assist, by contract | 16 |
or otherwise, agencies of the state and federal government, | 17 |
agencies of the governments of other states, agencies of political | 18 |
subdivisions of this state, universities, private organizations, | 19 |
corporations, and associations for the purposes of division (A)(1) | 20 |
of this section; | 21 |
(3) Accept and administer grants from the federal government | 22 |
or other sources, public or private, for carrying out any of the | 23 |
functions enumerated in divisions (A)(1) and (2) of this section; | 24 |
(4) Make available to the public on the internet web site | 25 |
maintained by the department of health annual county cancer | 26 |
profile reports for each county that categorize the type of cancer | 27 |
occurring in each county according to gender, race or ethnicity, | 28 |
and age and that specify the number of cases of cancer occurring | 29 |
per category; | 30 |
(5) Provide copies of the county cancer profile reports | 31 |
required under division (A)(4) of this section to the directors of | 32 |
the department of natural resources, department of agriculture, | 33 |
the environmental protection agency, and each health commissioner | 34 |
appointed by the board of health of a city or general health | 35 |
district or the authority having the duties of a board of health | 36 |
under section 3709.052 of the Revised Code. | 37 |
(B) The Ohio cancer incidence surveillance system shall | 38 |
follow a model of cancer data collection as set forth by the | 39 |
survey epidemiology and end results system (SEERS). | 40 |
Sec. 3701.262. (A) As used in this section and | 41 |
sections 3701.263 to 3701.267 of the Revised Code: | 42 |
(1) "Physician" means a person who holds a valid certificate | 43 |
issued under Chapter 4731. of the Revised Code authorizing the | 44 |
person to practice medicine or surgery or osteopathic medicine and | 45 |
surgery. | 46 |
(2) "Dentist" means a person who is licensed under Chapter | 47 |
4715. of the Revised Code to practice dentistry. | 48 |
(3) "Hospital" has the same meaning as in section 3727.01 of | 49 |
the Revised Code. | 50 |
(4) "Cancer" includes those diseases specified by rule of the | 51 |
director of health under division (B)(2) of this section. | 52 |
(5) "Census tract" has the same meaning and describes the | 53 |
same geographical boundaries as used by the United States | 54 |
department of commerce, bureau of the census, in reporting the | 55 |
most recent decennial census of Ohio. | 56 |
(B) The director of health shall adopt rules in accordance | 57 |
with Chapter 119. of the Revised Code to do all of the following: | 58 |
(1) Establish the Ohio cancer incidence surveillance system | 59 |
required by section 3701.261 of the Revised Code; | 60 |
(2) Specify the types of cancer and other tumorous and | 61 |
precancerous diseases to be reported to the department of health | 62 |
under division (D) of this section; | 63 |
(3) Establish reporting requirements for information | 64 |
concerning diagnosed cancer cases as the director considers | 65 |
necessary to conduct epidemiologic surveys of cancer in this | 66 |
state | 67 |
| 68 |
69 | |
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(C) The department of health shall record in the registry all | 71 |
reports of cancer received by it. In the development and | 72 |
administration of the cancer registry, the department may use | 73 |
information compiled by public or private cancer registries and | 74 |
may contract for the collection and analysis of, and research | 75 |
related to, the information recorded under this section. | 76 |
(D) Each physician, dentist, hospital, or person providing | 77 |
diagnostic or treatment services to patients with cancer shall | 78 |
report each case of cancer to the department. | 79 |
is twenty-five years of age or younger, the report shall be made | 80 |
not later than thirty days after diagnosis. | 81 |
Any person required to report pursuant to this section may | 82 |
elect to report to the department through an existing cancer | 83 |
registry if the registry meets the reporting standards established | 84 |
by the director and reports to the department. | 85 |
(E) All physicians, dentists, hospitals, or persons providing | 86 |
diagnostic or treatment services to patients with cancer shall | 87 |
grant to the department or its authorized representative access to | 88 |
all records that identify cases of cancer or establish | 89 |
characteristics of cancer, the treatment of cancer, or the medical | 90 |
status of any identified cancer patient. | 91 |
(F) The Arthur G. James and Richard J. Solove research | 92 |
institute of the Ohio state university | 93 |
the cancer reports collected pursuant to this section. The | 94 |
department shall publish and make available to the public reports | 95 |
summarizing the information collected, including the reports and | 96 |
maps required under section 3701.265 of the Revised Code. | 97 |
Except as provided in section 3701.265 of the Revised Code, | 98 |
reports shall be made on a calendar year basis and published not | 99 |
later than ninety days after the end of each calendar year. | 100 |
(G) Furnishing information, including records, reports, | 101 |
statements, notes, memoranda, or other information, to the | 102 |
department of health, either voluntarily or as required by this | 103 |
section, or to a person or governmental entity designated as a | 104 |
medical research project by the department, does not subject a | 105 |
physician, dentist, hospital, or person providing diagnostic or | 106 |
treatment services to patients with cancer to liability in an | 107 |
action for damages or other relief for furnishing the information. | 108 |
(H) This section does not affect the authority of any person | 109 |
or facility providing diagnostic or treatment services to patients | 110 |
with cancer to maintain facility-based tumor registries, in | 111 |
addition to complying with the reporting requirements of this | 112 |
section. | 113 |
(I) No person shall fail to make the cancer reports required | 114 |
by division (D) of this section. | 115 |
Sec. 3701.263. (A) Any information, data, and reports with | 116 |
respect to a case of malignant disease | 117 |
to, or procured by, any cancer registry in this state or the | 118 |
department of health shall be confidential and shall be used only | 119 |
for statistical, scientific, and medical research for the purpose | 120 |
of reducing the morbidity or mortality of malignant disease. No | 121 |
physician, dentist, person, or hospital furnishing such | 122 |
information, data, or | 123 |
or the department of health, with respect to a case of malignant | 124 |
disease treated or examined by such physician, dentist, or person, | 125 |
or confined in such hospital, shall by reason of such furnishing | 126 |
be deemed to have violated any confidential relationship, or be | 127 |
held liable in damages to any person, or be held to answer for | 128 |
willful betrayal of a professional confidence within the meaning | 129 |
and intent of section 4731.22 of the Revised Code. | 130 |
(B)(1) The department of health shall prescribe a release of | 131 |
confidential information form for use under | 132 |
this section. | 133 |
(2) Information concerning individual cancer patients | 134 |
obtained by the department of health for the Ohio cancer incidence | 135 |
surveillance system is for the confidential use of the department | 136 |
only, except | 137 |
| 138 |
involved in a medical research project | 139 |
140 | |
141 | |
142 | |
met: | 143 |
(a) The person conducting the research submits evidence of | 144 |
the researcher's credentials and the credentials of any other | 145 |
individual involved in the research project. | 146 |
(b) The person conducting the research provides written | 147 |
information about the purpose of the research project, the nature | 148 |
of the data to be collected and how the researcher intends to | 149 |
analyze it, the records the researcher seeks to review, and the | 150 |
safeguards the researcher will take to protect the identity of | 151 |
patients whose records the researcher will be reviewing. | 152 |
| 153 |
safeguards are adequate to protect the identity of each patient | 154 |
whose records will be reviewed. Safeguards for the protection of | 155 |
the identity of each patient shall include provisions to limit | 156 |
access to identifying data to only those individuals who, during | 157 |
the course of the research project, need access to such | 158 |
information for research purposes, and to provide for the | 159 |
maintenance of the confidentiality of identifying information | 160 |
after the termination of the research project. | 161 |
| 162 |
the researcher that specifies the terms of the researcher's use of | 163 |
the records and prohibits the publication or release of the names | 164 |
of individual cancer patients or any facts tending to lead to the | 165 |
identification of individual cancer patients. | 166 |
| 167 |
pertain to cancer prevention and control. | 168 |
(f) For case control studies, the research design used in the | 169 |
research project will involve a sufficiently large sample size | 170 |
that any meaningful difference between cases and controls will be | 171 |
statistically significant. For other studies, the research project | 172 |
will provide enough cases for meaningful analysis of the data for | 173 |
identification of potential risk factors and intervention | 174 |
strategies for cancer prevention and control. | 175 |
(g) The research project will be conducted at a university, | 176 |
hospital, or other medical research institution by researchers who | 177 |
have expertise in analyzing and interpreting data. | 178 |
(C) Notwithstanding division (B) | 179 |
(1) A researcher may, with the approval of the department, | 180 |
use the names of individual cancer patients when requesting | 181 |
additional information for research purposes or soliciting a | 182 |
patient's participation in a research project. If a researcher | 183 |
requests additional information or a cancer patient's | 184 |
participation in a research project, the researcher shall first | 185 |
obtain the oral or written consent of the patient's attending | 186 |
physician. If the consent of the patient's attending physician is | 187 |
obtained, the researcher shall obtain the patient's written | 188 |
consent by having the patient complete a release of confidential | 189 |
information form. | 190 |
| 191 |
concerning individual cancer patients to physicians for diagnostic | 192 |
and treatment purposes if the patient's attending physician gives | 193 |
oral or written consent to the release of the information and the | 194 |
patient gives written consent by completing a release of | 195 |
confidential information form. | 196 |
| 197 |
concerning individual cancer patients to the cancer registry of | 198 |
another state, if the other state has entered into a reciprocal | 199 |
agreement with the department and the agreement provides that the | 200 |
state will comply with this section and that information | 201 |
identifying a patient will not be released to any person without | 202 |
the written consent of the patient. | 203 |
| 204 |
person of epidemiological information that does not identify | 205 |
individual cancer patients. | 206 |
| 207 |
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Sec. 3701.265. (A)(1) The department of health shall make | 210 |
the following available to the public on the department's web site | 211 |
on a calendar year basis: | 212 |
(a) Quarterly reports of the cancer incidence rates of each | 213 |
age group of children reported under division (B)(1) of this | 214 |
section. The reports shall be made available on the last day of | 215 |
each March, June, September, and December. Each report shall | 216 |
contain the following information: | 217 |
(i) For each age group in each census tract, the name of each | 218 |
type of cancer, and the number of cases of each type, reported in | 219 |
that quarter at an address located in that census tract; | 220 |
(ii) For the reports made available in June, September, and | 221 |
December, the cumulative number of cases of each type of cancer | 222 |
occurring within each age group in each census tract between the | 223 |
first day of the preceding January and the end of the quarter | 224 |
being reported. | 225 |
(b) Biannual reports of the cancer incidence rates of adults | 226 |
in each county in this state. The reports shall be made available | 227 |
on the last day of each June and December. Each report shall | 228 |
contain the following information: | 229 |
(i) For each census tract in each county, the name of each | 230 |
type of cancer, and the number of cases of each type, reported in | 231 |
that six-month period at an address located in that census tract. | 232 |
(ii) For the report made available in December, the | 233 |
cumulative number of cases of each type of cancer occurring in | 234 |
each census tract in each county between the first day of the | 235 |
preceding January and the end of the year. | 236 |
(2) With each report prepared under division (A)(1) of this | 237 |
section, the department shall present the information contained in | 238 |
the reports in map form and make the maps available to the public | 239 |
on the department's web site. When preparing the maps, the | 240 |
department shall do the following: | 241 |
(a) For maps representing the cancer incidence rates of | 242 |
children, divide a state map into census tracts and indicate | 243 |
within each tract the type of cancer occurring in that tract. To | 244 |
indicate the type of cancer occurring in each tract, the | 245 |
department shall use a color coding system in which the department | 246 |
assigns a color to each type of cancer and, if the cancer occurs | 247 |
in a tract, the department shall fill the tract with one or more | 248 |
colors representing the types of cancer occurring in that tract. | 249 |
The state map shall include a key that specifies the color | 250 |
assigned to each type of cancer, the number of cases of each | 251 |
cancer type occurring in each age group of children, and for the | 252 |
maps made available in June, September, and December, the | 253 |
cumulative number of cases of each type of cancer occurring within | 254 |
each age group between the first day of the preceding January and | 255 |
the end of the quarter being reported. | 256 |
(b) For maps representing the cancer incidence rates of | 257 |
adults, divide maps representing each county in this state into | 258 |
census tracts, and indicate within each tract the type of cancer | 259 |
occurring in that tract. To indicate the type of cancer occurring | 260 |
in each tract, the department shall use a color coding system in | 261 |
which the department assigns a color to each type of cancer and, | 262 |
if the cancer occurs in a tract, the department shall fill the | 263 |
tract with one or more colors representing the types of cancer | 264 |
occurring in that tract. | 265 |
The county maps shall include a key that specifies the color | 266 |
assigned to each type of cancer, the number of cases of each | 267 |
cancer type, and for the maps made available in December, the | 268 |
cumulative number of cases of each type of cancer occurring | 269 |
between the first day of the preceding January and the end of the | 270 |
year being reported. | 271 |
(B) When reporting the information required under division | 272 |
(D) of section 3701.262 of the Revised Code, each physician, | 273 |
dentist, hospital, or person providing diagnostic or treatment | 274 |
services to patients with cancer shall also, for purposes of this | 275 |
section, report the following data: | 276 |
(1) For a patient twenty-five years of age or younger, the | 277 |
age group in which the patient falls at the time of diagnosis, | 278 |
according to the following: | 279 |
(a) Under five years of age; | 280 |
(b) Five years of age through nine years of age; | 281 |
(c) Ten years of age through fourteen years of age; | 282 |
(d) Fifteen years of age through nineteen years of age; | 283 |
(e) Twenty years of age through twenty-five years of age. | 284 |
(2) For a patient twenty-five years of age or younger, the | 285 |
addresses of all current and former schools and child care | 286 |
providers attended by the patient; | 287 |
(3) For all patients, the addresses of all of the patient's | 288 |
current and former primary residences; | 289 |
(4) For all patients with a history of employment, the | 290 |
addresses of all of the patient's current and former places of | 291 |
employment. | 292 |
(C) The department shall do all of the following regarding | 293 |
the reports and maps required under this section: | 294 |
(1) Prepare all reports and maps in a legible and easily | 295 |
understood manner; | 296 |
(2) Clearly display the date of publication of all reports | 297 |
and maps on its web site in a month, day, and year format; | 298 |
(3) Retain indefinitely all reports and maps required under | 299 |
this section on its web site and make all reports and maps | 300 |
continually available to the public, regardless of the date of | 301 |
publication; | 302 |
(4) Report, and prepare maps of, the information collected | 303 |
under section 3701.262 of the Revised Code prior to the effective | 304 |
date of this section in the same manner as required under this | 305 |
section; | 306 |
(5) If the release of the reports or maps under this section | 307 |
would identify any patient, combine the minimum number of reports | 308 |
or maps as necessary to preserve patient confidentiality. | 309 |
Sec. 3701.266. (A) When reporting data pursuant to section | 310 |
3701.265 of the Revised Code, the department of health shall | 311 |
determine whether either of the following occurs: | 312 |
(1) Two or more children were diagnosed with one of the | 313 |
following and reside in the same county or in adjacent census | 314 |
tracts: | 315 |
(a) Bladder, brain, central nervous system, lung, bronchial, | 316 |
pancreatic, testicular, thyroid, or pelvic cancer; | 317 |
(b) Hodgkin's lymphoma; | 318 |
(c) Leukemia; | 319 |
(d) Liver cancer and inflammatory bowel disease; | 320 |
(e) Corpus uteri; | 321 |
(f) Uterine cancer of an unspecified origin; | 322 |
(g) Kidney cancer, including renal cell carcinoma. | 323 |
(2) The cancer incidence rate for adults in a single county | 324 |
or in adjacent census tracts for one of the following is | 325 |
proportionately more than, equal to, or within ten percentage | 326 |
points of reaching the national cancer incidence rate for that | 327 |
type of cancer: | 328 |
(a) Bladder, brain, central nervous system, lung, bronchial, | 329 |
pancreatic, testicular, thyroid, or pelvic cancer; | 330 |
(b) Hodgkin's lymphoma; | 331 |
(c) Leukemia; | 332 |
(d) Liver cancer and inflammatory bowel disease; | 333 |
(e) Corpus uteri; | 334 |
(f) Uterine cancer of an unspecified origin; | 335 |
(g) Kidney cancer, including renal cell carcinoma. | 336 |
(B) If either of the circumstances under division (A) of this | 337 |
section occurs, the department shall do the following: | 338 |
(1) Devise an early diagnosis and cancer prevention outreach | 339 |
program and implement the program in the census tract where the | 340 |
cancer type has occurred; | 341 |
(2) Devise and implement a water and air quality monitoring | 342 |
program to identify substances that impact the cancer incidence | 343 |
rates of the type of cancer occurring as described under division | 344 |
(A) of this section. | 345 |
Sec. 3701.267. (A) If the department of health determines | 346 |
that either of the circumstances specified in division (A) of | 347 |
section 3701.266 of the Revised Code has occurred, any person may | 348 |
petition the department to investigate, or take other similar | 349 |
action to determine, the cause of the cancer conditions for which | 350 |
the determination was made within the specified group of | 351 |
individuals, geographical area, or period of time. | 352 |
(B) Not later than sixty days after the date on which the | 353 |
petition is submitted to the department under division (A) of this | 354 |
section, the department shall provide the petitioner with a | 355 |
written description of the investigation or other action being | 356 |
taken to determine the causes of the cancer cases described in | 357 |
division (A) of this section. The description shall include a time | 358 |
frame for the investigation or action, an explanation of the | 359 |
methods of investigation or actions used, and an explanation of | 360 |
the reasons for which the investigation method or other action was | 361 |
taken by the director. | 362 |
(C) If, after an investigation or other action is taken under | 363 |
division (B) of this section, the department determines that the | 364 |
causes of the cancer cases described in division (A) of this | 365 |
section are related, the department shall take one or more of the | 366 |
following actions most appropriate for the investigation: | 367 |
(1) Devise an early diagnosis and cancer prevention outreach | 368 |
program and implement such program in all census tracts where the | 369 |
individuals with cancer reside; | 370 |
(2) Devise and implement a water, soil, and air quality | 371 |
monitoring program to identify substances that impact the cancer | 372 |
incidence rates of the type of cancer under investigation; | 373 |
(3) Make reasonable efforts to reduce exposure, among the | 374 |
residents in the census tracts where the individuals with cancer | 375 |
reside, to sources strongly linked to causing the type of cancer | 376 |
under investigation; | 377 |
(4) Seek assistance from any local, state, or federal | 378 |
agencies in identifying, monitoring, alleviating, or eliminating | 379 |
the possible causes of the cancer under investigation. | 380 |
(D) Not later than thirty days after the effective date of | 381 |
this section, the department shall make available to the public on | 382 |
the internet web site maintained by the department all of the | 383 |
following: | 384 |
(1) The procedures and time frame for submitting a petition | 385 |
under this section; | 386 |
(2) A description of the department's responsibilities in | 387 |
conducting an investigation under this section; | 388 |
(3) Notice of opportunity for community participation in an | 389 |
investigation conducted under this section. | 390 |
Sec. 3701.99. (A) Whoever violates division (C) of section | 391 |
3701.23, division (C) of section 3701.232, division (C) of section | 392 |
3701.24, division (B) of section 3701.25, division (I) of section | 393 |
3701.262,
| 394 |
3701.55 of the Revised Code is guilty of a minor misdemeanor on a | 395 |
first offense; on each subsequent offense, the person is guilty of | 396 |
a misdemeanor of the fourth degree. | 397 |
(B) Whoever violates section 3701.82 of the Revised Code is | 398 |
guilty of a misdemeanor of the first degree. | 399 |
(C) Whoever violates section 3701.352 or 3701.81 of the | 400 |
Revised Code is guilty of a misdemeanor of the second degree. | 401 |
Section 2. That existing sections 3701.261, 3701.262, | 402 |
3701.263, and 3701.99 of the Revised Code are hereby repealed. | 403 |