S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5228

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced  by  M.  of A. MENG, COLTON, PHEFFER, GREENE, SPANO -- Multi-
  Sponsored by -- M. of A.  ABBATE, BRENNAN, TITONE, WEISENBERG --  read
  once and referred to the Committee on Aging

AN  ACT to amend the public health law, in relation to the creation of a
  reference list of businesses that provide locator technology  designed
  to  assist  in  the  expedited  location of individuals afflicted with
  Alzheimer's disease or dementia who become lost  or  disoriented,  and
  requiring  physicians  to disclose the existence of such technology to
  persons afflicted with Alzheimer's disease or dementia and to maintain
  information regarding any technology utilized by such afflicted people

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The public health law is amended by adding two new sections
2010 and 2011 to read as follows:
  S  2010.  ALZHEIMER'S AND DEMENTIA LOCATOR TECHNOLOGY INFORMATION.  1.
THE DEPARTMENT, IN CONJUNCTION  WITH  THE  OFFICE  FOR  THE  AGING,  THE
DEPARTMENT  OF  SOCIAL  SERVICES AND THE STATE POLICE, SHALL DEVELOP AND
MAINTAIN A COMPREHENSIVE LIST OF  BUSINESSES  AND  OTHER  ENTITIES  THAT
MANUFACTURE,   DISTRIBUTE  OR  OTHERWISE  OFFER  LOCATOR  TECHNOLOGY  OR
SERVICES DESIGNED TO ASSIST IN THE  EXPEDITED  LOCATION  OF  INDIVIDUALS
AFFLICTED  WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME LOST OR DISO-
RIENTED. THE DEPARTMENT SHALL NOTIFY ALL PHYSICIANS LICENSED TO PRACTICE
IN THIS STATE OF THE EXISTENCE OF THE  LIST  AND  SHALL  MAKE  THE  LIST
AVAILABLE  TO  THE GENERAL PUBLIC THROUGH THE DEPARTMENT'S WEBSITE.  THE
LIST SHALL BE UPDATED BY THE DEPARTMENT ON AT LEAST A SEMI-ANNUAL BASIS,
AND MAY BE MAINTAINED ON OR CONNECTED TO THE  WEBSITES  OF  OTHER  STATE
OFFICES,  INCLUDING  THOSE  MAINTAINED  BY THE OFFICE FOR THE AGING, THE
DEPARTMENT OF SOCIAL SERVICES, THE STATE POLICE AND  THE  DEPARTMENT  OF
MENTAL HEALTH.
  2.  AS  USED  IN  THIS SECTION "LOCATOR TECHNOLOGY" MEANS ANY PRODUCT,
PROGRAM OR SYSTEM USED TO ASSIST IN THE LOCATION AND  IDENTIFICATION  OF

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05329-01-9
              

A. 5228                             2

LOST  OR  DISORIENTED PERSONS, AND INCLUDES BUT IS NOT LIMITED TO, RADIO
WRIST TRANSMITTER TRACKING SYSTEMS, SOFTWARE PROGRAMS, DATA  BASES,  AND
PRODUCTS  CONTAINING  IDENTIFYING  INFORMATION,  INCLUDING  NECKLACES OR
BRACELETS.
  3.  THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE
OR SHE DEEMS NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SECTION.
  S 2011. PHYSICIANS AND FACILITIES; DUTY TO ADVISE OF LOCATOR TECHNOLO-
GY INFORMATION. 1. EFFECTIVE JANUARY  FIRST,  TWO  THOUSAND  TEN,  EVERY
PHYSICIAN  DIAGNOSING  OR  TREATING A PERSON WITH ALZHEIMER'S DISEASE OR
OTHER DEMENTIA, AND EVERY FACILITY CARING FOR SUCH PERSON  SHALL  ADVISE
EACH  AFFLICTED  PERSON  AND  SUCH PERSON'S FAMILY AND CAREGIVERS OF THE
AVAILABILITY OF TECHNOLOGY DESIGNED TO ASSIST IN THE EXPEDITED  LOCATION
OF INDIVIDUALS AFFLICTED WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME
LOST  OR  DISORIENTED,  AND OF THE LOCATOR TECHNOLOGY LIST MAINTAINED BY
THE DEPARTMENT PURSUANT TO SECTION TWO THOUSAND TEN OF THIS ARTICLE.
  2. EACH PHYSICIAN DIAGNOSING OR TREATING  A  PERSON  WITH  ALZHEIMER'S
DISEASE,  DEMENTIA  OR  TRAUMATIC  BRAIN  INJURY  SHALL  MAINTAIN IN THE
AFFLICTED PERSON'S MEDICAL RECORDS INFORMATION PERTAINING TO ANY LOCATOR
TECHNOLOGY UTILIZED BY SUCH PERSON, INCLUDING THE NATURE AND TYPE OF THE
TECHNOLOGY, THE  APPROXIMATE  DATE  THE  TECHNOLOGY  WAS  ACQUIRED,  THE
MANUFACTURER'S  NAME  AND CONTACT INFORMATION, AND THE SERIAL NUMBER, IF
ANY, OF SUCH PRODUCT.  NOTWITHSTANDING  ANY  PROVISION  OF  LAW  TO  THE
CONTRARY,  ALL  SUCH  INFORMATION  SHALL BE IMMEDIATELY DISCLOSED BY THE
PHYSICIAN TO THE STATE POLICE UPON REQUEST BY THE STATE  POLICE  IN  THE
EVENT  THE  AFFLICTED  PERSON IS REPORTED TO THE POLICE AS BEING LOST OR
MISSING; SUCH DISCLOSURE SHALL NOT CONSTITUTE A VIOLATION OF ANY FEDERAL
OR STATE STATUTES  REGARDING  THE  CONFIDENTIALITY  OF  PATIENT  MEDICAL
INFORMATION.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law,  provided  that  the
department of health is immediately authorized and directed to take such
actions  as are necessary to implement this act, including the promulga-
tion of rules in accordance with the state administrative procedure act,
on or before its effective date.