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