S T A T E   O F   N E W   Y O R K
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                                  1668

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. ENGLEBRIGHT, KOON, EDDINGTON, SCHIMEL -- Multi-
  Sponsored by -- M. of A. COOK, DIAZ, GALEF,  GLICK,  GREENE,  McENENY,
  ORTIZ -- read once and referred to the Committee on Health

AN ACT to amend the public health law and the environmental conservation
  law, in relation to reporting of pesticide poisonings

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

  Section 1. The opening paragraph of paragraph (t) of subdivision 5  of
section  225 of the public health law is designated subparagraph (i) and
a new subparagraph (ii) is added to read as follows:
  (II) NOTWITHSTANDING THE REQUIREMENTS  OF  SUBPARAGRAPH  (I)  OF  THIS
PARAGRAPH,  EVERY  HEALTH  CARE PRACTITIONER LICENSED OR CERTIFIED UNDER
TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER  LAWFUL  SCOPE
OF  PRACTICE  IN  ATTENDANCE  WITH  A PERSON WITH CONFIRMED OR SUSPECTED
PESTICIDE POISONING, OR CLINICAL  LABORATORY  TEST  RESULTS  WHICH  SHOW
ABNORMALLY  DEPRESSED  CHOLINESTERASE  LEVELS  AND  ABNORMALLY  ELEVATED
TISSUE LEVELS OF PESTICIDES, SHALL REPORT SUCH OCCURRENCE TO THE COMMIS-
SIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION  WITHIN  TWEN-
TY-FOUR  HOURS,  INCLUDING THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
PERSON EXPOSED TO PESTICIDES; THE NATURE OF THE PESTICIDE EXPOSURE;  THE
LOCATION WHERE THE EXPOSURE OCCURRED; THE NAME OF THE PESTICIDE APPLICA-
TOR,  IF APPLICABLE, WHO APPLIED OR OTHERWISE HANDLED THE PESTICIDE; AND
THE PESTICIDE IDENTIFIED OR SUSPECTED IN THE PESTICIDE POISONING OR TEST
RESULTS. EVERY PERSON WITH CONFIRMED OR SUSPECTED PESTICIDE POISONING OR
CLINICAL LABORATORY TEST RESULTS WHICH SHOW ABNORMALLY DEPRESSED  CHOLI-
NESTERASE  LEVELS  AND  ABNORMALLY  ELEVATED TISSUE LEVELS OF PESTICIDES
SHALL BE INFORMED BY THE HEALTH CARE PRACTITIONER LICENSED OR  CERTIFIED
UNDER  TITLE  EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER LAWFUL
SCOPE OF PRACTICE, THAT ALL INFORMATION AND DATA FROM THE  DIAGNOSIS  OR
TEST  RESULTS  WILL  BE  DISCLOSED  TO  THE  DEPARTMENT OF ENVIRONMENTAL

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

                                                           LBD04831-01-9

A. 1668                             2

CONSERVATION. SUCH PERSON SHALL BE INFORMED THAT THEIR NAME, ADDRESS AND
TELEPHONE NUMBER WILL BE KEPT CONFIDENTIAL, EXCEPT THAT HE  OR  SHE  MAY
WAIVE THIS CONFIDENTIALITY IF THEY WISH. CONFIDENTIALITY OF THE PERSON'S
NAME, ADDRESS AND TELEPHONE NUMBER SHALL BE THE SHARED RESPONSIBILITY OF
THE  DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, EXCEPT
IF THE PERSON WAIVES THIS RIGHT.
  S 2. Section 71-2903 of the environmental conservation law is  amended
by adding a new subdivision 3 to read as follows:
  3.  THE  COMMISSIONER, OR ANY AUTHORIZED DESIGNEE OF THE COMMISSIONER,
SHALL IMMEDIATELY INVESTIGATE ALL REPORTS FROM THE DEPARTMENT OF HEALTH,
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (T) OF  SUBDIVISION  FIVE  OF
SECTION  TWO  HUNDRED TWENTY-FIVE OF THE PUBLIC HEALTH LAW, OF CONFIRMED
OR SUSPECTED PESTICIDE POISONING OR  CLINICAL  LABORATORY  TEST  RESULTS
WHICH   SHOW  ABNORMAL  DEPRESSED  CHOLINESTERASE  LEVELS  AND  ABNORMAL
ELEVATED TISSUE LEVELS OF PESTICIDES. THE  COMMISSIONER  SHALL  ANNUALLY
REPORT  IN  DETAIL  THE  RESULTS  OF SUCH INVESTIGATIONS OF CONFIRMED OR
SUSPECTED INCIDENCE OF PESTICIDE POISONING AND RESULTS OF  ALL  CLINICAL
LABORATORY  TEST  RESULTS WHICH SHOW ABNORMALLY DEPRESSED CHOLINESTERASE
LEVELS AND ABNORMALLY ELEVATED TISSUE LEVELS  OF  PESTICIDES,  EXCLUDING
ONLY  THE NAMES, ADDRESSES AND TELEPHONE NUMBERS  OF THE PERSONS EXPOSED
TO PESTICIDES, UNLESS THIS RIGHT TO CONFIDENTIALITY HAS BEEN WAIVED,  TO
THE  SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIRS OF THE SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION AND  HEALTH
COMMITTEES  AND  THE COMMISSIONER OF HEALTH BY JANUARY THIRTIETH FOR THE
PREVIOUS CALENDAR YEAR. ALL INFORMATION AND DATA FROM COMPLETED INVESTI-
GATIONS SHALL BE AVAILABLE TO THE PUBLIC THROUGH THE FREEDOM OF INFORMA-
TION LAW, EXCEPT AS SUCH INFORMATION IS REQUIRED TO BE KEPT CONFIDENTIAL
AND THAT CONFIDENTIALITY HAS NOT BEEN WAIVED.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.