S T A T E O F N E W Y O R K
________________________________________________________________________
5483
2009-2010 Regular Sessions
I N A S S E M B L Y
February 13, 2009
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Introduced by M. of A. MOLINARO, WALKER, KOLB, COOK, McKEVITT, TOBACCO,
RAIA -- Multi-Sponsored by -- M. of A. ALFANO, BARCLAY, BARRA,
BURLING, CONTE, CROUCH, DUPREY, FINCH, GIGLIO, HAWLEY, P. LOPEZ,
QUINN, SAYWARD, SPANO, TEDISCO, THIELE, TOWNSEND -- read once and
referred to the Committee on Health
AN ACT to amend the public health law, in relation to creating the
breast cancer registry
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 a new article
27-M to read as follows:
ARTICLE 27-M
BREAST CANCER REGISTRY
SECTION 2799-T.1. DECLARATION OF POLICY.
2799-T.2. BREAST CANCER REGISTRY.
2799-T.3. COMMISSIONER; FUNCTIONS, POWERS AND DUTIES.
2799-T.4. REPORTING OF BREAST CANCER; CONFIDENTIALITY OF INFOR-
MATION.
S 2799-T.1. DECLARATION OF POLICY. THE OCCURRENCE OF BREAST CANCER IS
A TRAGEDY FOR THE INDIVIDUAL, THE FAMILY AND THE COMMUNITY, AND A MATTER
OF VITAL CONCERN TO THE PUBLIC HEALTH. IN ORDER TO PROVIDE FOR THE
PROTECTION AND PROMOTION OF THE HEALTH OF THE INHABITANTS OF THE STATE,
THE DEPARTMENT SHALL HAVE THE CENTRAL AND COMPREHENSIVE RESPONSIBILITY
FOR THE ADMINISTRATION OF THE STATE'S POLICY WITH RESPECT TO THE CONDUCT
OF SCIENTIFIC INVESTIGATIONS AND RESEARCH CONCERNING THE CAUSES,
PREVENTION, EARLY DETECTION AND TREATMENT OF BREAST CANCER. ALL INFOR-
MATION SHALL BE AVAILABLE TO HEALTH CARE PROFESSIONALS THROUGH A TELE-
COMMUNICATIONS SYSTEM SET UP, MONITORED AND UPDATED BY THE DEPARTMENT OR
UPON REQUEST TO THE DEPARTMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07096-01-9
A. 5483 2
S 2799-T.2. BREAST CANCER REGISTRY. THE COMMISSIONER SHALL ESTABLISH
WITHIN THE DEPARTMENT A BREAST CANCER REGISTRY FOR THE PURPOSES OF
INVESTIGATING THE CAUSES, MORTALITY, METHODS OF TREATMENT AND PREVENTION
OF BREAST CANCER.
S 2799-T.3. COMMISSIONER; FUNCTIONS, POWERS AND DUTIES. THE COMMIS-
SIONER SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
1. TO CONDUCT SURVEYS OF THE CAUSES, MORTALITY, METHODS OF DETECTION,
METHODS OF TREATMENT AND PREVENTION OF BREAST CANCER; SUCH DATA SHALL BE
COLLECTED AT COUNTY LEVELS AND ORGANIZED BY HEALTH SYSTEM AGENCY
REGIONS.
2. TO PUBLISH ON JANUARY FIRST AND JULY FIRST OF EACH YEAR THE RESULTS
OF SUCH SURVEYS FOR THE BENEFIT OF THE PUBLIC HEALTH AND COLLATE SUCH
PUBLICATIONS FOR DISTRIBUTION TO SCIENTIFIC ORGANIZATIONS AND QUALIFIED
SCIENTISTS AND PHYSICIANS.
S 2799-T.4. REPORTING OF BREAST CANCER; CONFIDENTIALITY OF INFORMA-
TION. 1. BREAST CANCER SHALL BE REPORTED WITHIN NINETY DAYS OF DISCOV-
ERY BY PHYSICIANS AND HOSPITALS. SUCH DATA SHALL BE ENTERED BY THE
DEPARTMENT INTO A CENTRAL COMPUTER DRIVEN REGISTRY WITHIN THIRTY DAYS OF
RECEIPT, SUCH DATA SHOULD BE RETURNABLE NO LATER THAN TEN DAYS AFTER
INPUT. INFORMATION SHALL BE AVAILABLE TO HEALTH CARE PROFESSIONALS ON
DEMAND. SUCH DATA SHALL BE ORGANIZED BY REGION OF THE STATE, AGE, CLAS-
SIFICATION AND WHATEVER CATEGORY DEEMED REASONABLE BY THE COMMISSIONER.
2. SUCH REPORTS AND INFORMATION CONTAINED IN THE REGISTRY SHALL BE
KEPT CONFIDENTIAL AND SHALL NOT BE ADMISSIBLE AS EVIDENCE IN AN ACTION
OR PROCEEDING IN ANY COURT OR BEFORE ANY OTHER TRIBUNAL, BOARD, AGENCY
OR PERSON. THE COMMISSIONER SHALL, HOWEVER, AT LEAST ANNUALLY, PUBLISH
ANALYSES OF SUCH REPORTS AND INFORMATION FOR SCIENTIFIC AND PUBLIC
HEALTH PURPOSES, IN SUCH A MANNER AS TO ASSURE THAT THE IDENTITIES OF
THE INDIVIDUALS CONCERNED CANNOT BE ASCERTAINED.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.