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

                                  5599

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2011
                               ___________

Introduced  by M. of A. MENG, PHEFFER, KAVANAGH, ROBINSON, COOK, JAFFEE,
  ROSENTHAL  --  Multi-Sponsored  by  --  M.  of  A.  ABBATE,   BRENNAN,
  BROOK-KRASNY,  GABRYSZAK,  McENENY, J. RIVERA, SCARBOROUGH, 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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05572-01-1

              

A. 5599                             2

  2. AS USED IN THIS SECTION "LOCATOR  TECHNOLOGY"  MEANS  ANY  PRODUCT,
PROGRAM  OR  SYSTEM USED TO ASSIST IN THE LOCATION AND IDENTIFICATION OF
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 TWELVE, 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.