senate Bill S3184

Requires primary care physicians to post information detailing how parents or guardians of children can subscribe to the US consumer product safety commission

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 31 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires primary care physicians to post certain information detailing how parents or guardians of infants and children can subscribe to the United States consumer product safety commission's e-mail subscription lists.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A375
Versions:
S3184
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 25 Title 9 ยง2599-e, Pub Health L
Versions Introduced in 2011-2012 Legislative Cycle:
S6269A, A8919B

Sponsor Memo

BILL NUMBER:S3184

TITLE OF BILL: An act to amend the public health law, in relation to
requiring primary care physicians to post certain information detailing
how parents or guardians of infants and children can subscribe to the
United States consumer product safety commission's e-mail subscription
lists

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
increase parents' awareness of recalls involving children's products.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of this bill amends the Public Health Law by adding a new
section, 2999-e which would require primary care physicians to promi-
nently post in a location near the office area designated for the
receipt of payment a notice designed by the Department of Health
containing information detailing how parents or guardians of infants and
children can subscribe to the United States Consumer Product Safety
Commission's e-mail subscription lists to receive consumer product
recall and safety news by e-mail. The notice would be made available to
primary care physicians by the Department on its website and would be
provided in English, as well as in the six languages other than English
most frequently spoken in the State according to the United States
Census Bureau. And upon request from a primary care physician, any other
language spoken by a significant number of people within the community
served by such physician.

Section 2 of this bill sets the effective date.

JUSTIFICATION: In recent years, hundreds of products designed to
protect, educate, and amuse our children have been subject to safety
recalls. While these recalls are often publicized in news reports, if a
parent happens to skip over an article or report regarding a recall, the
lives of their children could be endangered. According to testimony
received at the October 31, 2011 Assembly public hearing on child prod-
uct safety, recall awareness and response rates remain stubbornly low,
despite increased media attention. A representative of Consumers Union
stated that the best way to improve recall response rates is to dissem-
inate recall information directly to consumers. Fortunately, the United
States Consumer Product Safety Commission (CPSC) has established an
e-mail alert system that notifies parents when a children's product has
been recalled. This bill would help to keep New York's children safe
from potentially hazardous products by increasing parents' awareness of
the CPSC's e-mail alert system.

Similar to recently enacted legislation requiring hospitals and birth
centers to distribute information concerning the CPSC's e-mail alert
system to new mothers (Chapter 539 of the Laws of 2010), this bill would
require the Department of Health to design the notice and make it avail-
able on its website. Medical office staff-would be able to print the

notice from the Department's website and post it in the reception area,
resulting in minimal costs to physicians.

Prior Legislative History: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.

EFFECTIVE DATE: This act shall take effect on the one hundred twentieth
day after which it shall have become a law.

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

                                  3184

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 31, 2013
                               ___________

Introduced  by Sen. GALLIVAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to requiring  primary
  care  physicians  to post certain information detailing how parents or
  guardians of infants and children can subscribe to the  United  States
  consumer product safety commission's e-mail subscription lists

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

  Section 1. Article 25 of the public health law is amended by adding  a
new title 9 to read as follows:
                                TITLE IX
                     RECALL SUBSCRIPTION INFORMATION
SECTION 2599-E. PHYSICIAN POSTING OF RECALL SUBSCRIPTION INFORMATION.
  S 2599-E. PHYSICIAN POSTING OF RECALL SUBSCRIPTION INFORMATION.  1. AS
USED  IN  THIS  SECTION,  "PRIMARY  CARE  PHYSICIAN"  MEANS  A PHYSICIAN
SPECIALIST IN THE FIELD OF FAMILY PRACTICE, GENERAL PEDIATRICS,  PRIMARY
CARE  INTERNAL  MEDICINE  OR PRIMARY CARE OBSTETRICS AND GYNECOLOGY, WHO
PROVIDES COORDINATED PRIMARY CARE SERVICES.
  2. THE COMMISSIONER SHALL REQUIRE THAT EVERY  PRIMARY  CARE  PHYSICIAN
POST  IN  A PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO
OR NEAR THE LOCATION SUCH PRIMARY CARE PHYSICIAN HAS DESIGNATED FOR  THE
RECEIPT  OF  PAYMENT,  AN  INFORMATIONAL  NOTICE.  SUCH  NOTICE SHALL BE
DESIGNED BY THE COMMISSIONER IN CONJUNCTION WITH THE SECRETARY OF  STATE
AND  SHALL  CONTAIN  INFORMATION  DETAILING  HOW PARENTS OR GUARDIANS OF
INFANTS AND CHILDREN CAN SUBSCRIBE TO THE UNITED STATES CONSUMER PRODUCT
SAFETY COMMISSION'S E-MAIL SUBSCRIPTION LISTS TO RECEIVE CONSUMER  PROD-
UCT  RECALL  AND  SAFETY  NEWS BY E-MAIL FROM THE UNITED STATES CONSUMER
PRODUCT SAFETY COMMISSION AND SUCH OTHER MATERIAL AS DEEMED  APPROPRIATE
BY THE COMMISSIONER. SUCH NOTICE SHALL BE MADE AVAILABLE TO PRIMARY CARE
PHYSICIANS  BY  THE  DEPARTMENT  ON ITS WEBSITE AND SHALL BE PROVIDED IN
ENGLISH, AS WELL AS  IN  THE  SIX  LANGUAGES  OTHER  THAN  ENGLISH  MOST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03087-01-3

S. 3184                             2

FREQUENTLY  SPOKEN  IN  THE STATE ACCORDING TO THE LATEST AVAILABLE DATA
FROM THE UNITED STATES CENSUS BUREAU AND UPON  REQUEST  FROM  A  PRIMARY
CARE  PHYSICIAN,  ANY  OTHER  LANGUAGE SPOKEN BY A SIGNIFICANT NUMBER OF
PEOPLE  WITHIN  THE  COMMUNITY SERVED BY SUCH PRIMARY CARE PHYSICIAN.  A
PRIMARY CARE PHYSICIAN SHALL POST SUCH NOTICE  IN  ENGLISH  AND  IN  ANY
OTHER LANGUAGE SPOKEN BY SIGNIFICANT NUMBERS OF PEOPLE WITHIN THE COMMU-
NITY HE OR SHE SERVES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and directed to be made and completed by the commissioner of
health on or before such effective date.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.