NY State Senate Bill 2013-S3452

Senate Bill S3452

2013-2014 Legislative Session

Creates reference list of businesses providing locator technology to assist in the location of lost individuals with Alzheimer's disease, and requires physicians to disclose such technology

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to health
Feb 01, 2013	referred to health

2013-S3452 (ACTIVE) - Details

See Assembly Version of this Bill:: A5286
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§2010 & 2011, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5228
2011-2012: A5599
2015-2016: S3186, A393
2017-2018: S5221, A1118

2013-S3452 (ACTIVE) - Summary

Mandates 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 requires 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.

2013-S3452 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3452

TITLE  OF  BILL:   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  diso-
riented,  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

PURPOSE  OR GENERAL IDEA OF BILL: To provide quick and easily accessible
information to assist in  the  protection  of  patients  afflicted  with
Alzheimer's disease or dementia; to provide a database of technology and
tools  that  aid  in  locating  a  lost or disoriented person; to direct
physicians that treat patients of Alzheimer's  disease  of  dementia  to
provide  such  information to their families and caregivers, and to keep
such information in their medical files which  would  be  accessible  by
agencies  including the State Police to assist in locating lost or diso-
riented persons

SUMMARY OF SPECIFIC PROVISIONS: The public  health  law  is  amended  by
adding  two new sections 2010 and 2001. Section 2010 requires the devel-
opment of a comprehensive list of technology or  services  for  locating
lost or disoriented patients, the maintenance and updating of this list,
and  the  notification  of  physicians  treating Alzheimer's or dementia

patients. It also defines'  locator  technology.  Section  2011  directs
physicians  treating  Alzheimer's  or  dementia patients to provide this
information to families and caregivers and to maintain such  information
in  their  medical  files,  which  will  be  accessible  by all agencies
involved in locating the patient.

JUSTIFICATION: According to a 2012 CNN  report,  5.4  million  Americans
suffer  from  Alzheimer's.  This legislation will not only protect these
individuals, but also help the 15 million unpaid men and women who  care
for  them. As Alzheimer's progresses, disorientation can occur, and once
familiar surroundings are  unrecognizable.  As  a  result,  people  with
Alzheimer's wander away from their homes or care centers and turn up far
from  where  they started. Providing Alzheimer's patients and caregivers
up-to-date information regarding the availability of locator technology,
could prevent the frightening ordeal of a lost loved one.

PRIOR LEGISLATIVE HISTORY:  This bill was previously introduced  in  the
Assembly

FISCAL IMPLICATIONS: None to the state

EFFECTIVE  DATE: This act shall take effect on the first of January next
succeeding 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

promulgation of rules in accordance with the state administrative proce-
dure act, on or before its effective date.

2013-S3452 (ACTIVE) - Bill Text download pdf

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

                                  3452

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sen. STAVISKY -- 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 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
LOST OR DISORIENTED PERSONS, AND INCLUDES BUT IS NOT LIMITED  TO,  RADIO

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03080-02-3

S. 3452                             2

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 FOURTEEN, 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.

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