Senate Bill S4307

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

                                  4307

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced by Sens. DeFRANCISCO, GOLDEN, HANNON, MORAHAN, RANZENHOFER --
  read  twice  and  ordered printed, and when printed to be committed to
  the Committee on Aging

AN ACT to amend the elder law and the public health law, in relation  to
  enacting the "omnibus Alzheimer's services act of 2009"

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

  Section 1. This act shall be known and may be cited  as  the  "omnibus
Alzheimer's services act of 2009".
  S 2. Legislative findings and intent. The legislature hereby finds and
declares  that  over  330,000  New  York  citizens  are  diagnosed  with
Alzheimer's disease and other dementias, and that one in eight  citizens
over the age of sixty-five and half of those over the age of eighty-five
are affected by these diseases.
  The  legislature  further  finds  and declares that seventy percent of
Alzheimer's disease and other dementia patients are cared for at home by
family members, in what are often extraordinary and moving acts of  love
and  devotion during the progress of the disease, which on average lasts
between five and fifteen years and is  marked  by  progressive  symptoms
that  over  time make the patient completely dependent on their caregiv-
ers.
  The legislature further finds that a common behavior of  this  disease
that  causes great concern for families and caregivers is wandering, and
that there have been several recent incidents in which a New York  state
citizen diagnosed with Alzheimer's disease or other form of dementia has
engaged  in  wandering, and the locality was not equipped with the tools
necessary to locate them in a timely manner, with the unfortunate result
that these individuals never returned home to their families.
  The legislature therefore finds and declares  that  it  is  imperative
that  New York state and its localities develop plans to ensure that, in
the event an individual with Alzheimer's  disease,  dementia,  or  other

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00552-01-9
              

S. 4307                             2

cognitive impairments is missing, the appropriate technology and infras-
tructure is available and  can be easily and timely activated to protect
the health and safety of these vulnerable citizens.
  S  3. Section 203 of the elder law is amended by adding a new subdivi-
sion 9 to read as follows:
  9. THE DIRECTOR IS HEREBY  AUTHORIZED,  AFTER  CONSULTATION  WITH  THE
COORDINATING  COUNCIL  FOR  SERVICES  RELATED TO ALZHEIMER'S DISEASE AND
OTHER DEMENTIAS ESTABLISHED PURSUANT TO SECTION TWO THOUSAND  FOUR-A  OF
THE PUBLIC HEALTH LAW, TO CONTRACT WITH NOT-FOR-PROFIT ORGANIZATIONS FOR
TRAINING  AND  EDUCATION  OF LAW ENFORCEMENT PERSONNEL REGARDING PERSONS
WITH COGNITIVE IMPAIRMENTS,  INCLUDING  ALZHEIMER'S  DISEASE  AND  OTHER
DEMENTIAS.  SUCH  TRAINING PROGRAMS SHALL BE DIRECTED TO TRAIN STATE AND
LOCAL LAW ENFORCEMENT AGENCIES AND OTHER APPROPRIATE ENTITIES.  TRAINING
AND  MATERIALS  MAY  INCLUDE, BUT NOT BE LIMITED TO, THE LAW ENFORCEMENT
TRAINING COMPONENT OF THE NATIONAL MEDICALERT+ SAFE RETURN  PROGRAM,  OR
ANY  SUCCESSOR  THERETO.  THE  REQUIREMENTS OF THIS SUBDIVISION SHALL BE
DEEMED TO HAVE BEEN MET BY CONTRACTS IN EXISTENCE ON THE EFFECTIVE  DATE
OF  THIS SUBDIVISION THAT OTHERWISE FULFILL THE REQUIREMENTS ESTABLISHED
HEREIN, AND THEIR EXTENSION IN ANY SUBSEQUENT YEAR, IRRESPECTIVE OF  THE
STATE  AGENCY WHICH CONTRACTS FOR THE TRAINING, AND WHICH ARE RECOGNIZED
BY THE DIRECTOR.
  S 4. The elder law is amended by adding a new section 224 to  read  as
follows:
  S  224.  MISSING  COGNITIVELY  IMPAIRED CITIZENS; "SILVER ALERT."  THE
OFFICE SHALL CONSULT WITH THE DIVISION OF CRIMINAL JUSTICE SERVICES, THE
DEPARTMENT OF HEALTH, THE DIVISION OF THE STATE POLICE, THE  ALZHEIMER'S
COORDINATING  COUNCIL, APPROPRIATE LOCAL LAW ENFORCEMENT AGENCY, AND ANY
OTHER APPROPRIATE STATE AGENCY  TO  DEVELOP  THE  MODEL  "SILVER  ALERT"
PROGRAM, WHICH SHALL BE A PROMPT RESPONSE AND NOTIFICATION PROGRAM TO BE
USED BY STATE AND LOCAL LAW ENFORCEMENT AGENCIES TO HELP LOCATE A COGNI-
TIVELY  IMPAIRED  CITIZEN  WHO  HAS  BEEN REPORTED AS MISSING. THE MODEL
PROGRAM SHALL BE MADE AVAILABLE FOR USE, AT THEIR DISCRETION, BY  COMMU-
NITIES AND LAW ENFORCEMENT PERSONNEL AS PART OF THEIR PLANS FOR LOCATING
MISSING COGNITIVELY IMPAIRED INDIVIDUALS.
  (A)  SUCH MODEL PLANS SHALL INCLUDE THE REQUIREMENT THAT NOT MORE THAN
TWENTY-FOUR HOURS AFTER A COGNITIVELY IMPAIRED INDIVIDUAL HAS BEEN IDEN-
TIFIED AS HAVING BEEN MISSING, OR NOT MORE THAN TWELVE  HOURS  FROM  THE
TIME  THE  INDIVIDUAL WAS REPORTED AS MISSING, WHICHEVER IS SHORTER, THE
FOLLOWING SHALL TAKE PLACE:
  (I) THE NAME, PHOTOGRAPH (IF AVAILABLE), AND PHYSICAL  DESCRIPTION  OF
THE  INDIVIDUAL  BE  RELEASED  TO  THE AREA AGENCY ON AGING, AND, AT THE
DISCRETION OF THE CAREGIVER, ANY OTHER AGENCY PROVIDING SERVICES TO  THE
INDIVIDUAL;
  (II) SUCH INFORMATION SHALL ADDITIONALLY BE IMMEDIATELY PROVIDED ORAL-
LY,  ELECTRONICALLY  OR  BY  FACSIMILE TRANSMISSION TO ONE OR MORE RADIO
STATIONS AND OTHER BROADCAST MEDIA OUTLETS SERVING THE COMMUNITY INCLUD-
ING, BUT NOT LIMITED TO, THOSE THAT HAVE VOLUNTARILY AGREED, IN ADVANCE,
TO PROMPTLY NOTIFY OTHER SUCH RADIO STATIONS AND OTHER  BROADCAST  MEDIA
OUTLETS IN LIKE MANNER;
  (III)  UPON  WRITTEN  CONSENT FROM THE CAREGIVER, MEDICAL AND/OR OTHER
INFORMATION MAY BE PROVIDED TO LAW ENFORCEMENT BY  THE  AREA  AGENCY  ON
AGING  OR  OTHER LOCAL AGENCY IF SUCH INFORMATION COULD ASSIST IN DETER-
MINING THE LOCATION OF THE MISSING INDIVIDUAL, PROVIDED THAT SUCH INFOR-
MATION SHALL NOT BE RELEASED TO THE PUBLIC;
  (IV) THE NAME, PHOTOGRAPH, IF AVAILABLE, AND A PHYSICAL DESCRIPTION OF
THE INDIVIDUAL MAY BE PROMPTLY DISPATCHED OVER THE POLICE  COMMUNICATION

S. 4307                             3

SYSTEM,  PURSUANT TO SUBDIVISION THREE OF SECTION TWO HUNDRED TWENTY-ONE
OF THE EXECUTIVE LAW;
  (V)  PARTICIPATING  RADIO  STATIONS  AND OTHER PARTICIPATING BROADCAST
MEDIA OUTLETS SERVING THE COMMUNITY MAY VOLUNTARILY  AGREE  TO  PROMPTLY
BROADCAST A CITIZEN ALERT PROVIDING THE INDIVIDUAL'S NAME, PHOTOGRAPH IF
AVAILABLE AND PHYSICAL DESCRIPTION;
  (VI)  IF  THERE  IS REASON TO BELIEVE THAT THE INDIVIDUAL HAS LEFT THE
LOCALITY IN WHICH HE OR SHE CURRENTLY RESIDES,  THE  INDIVIDUAL'S  NAME,
PHOTOGRAPH  IF  AVAILABLE, AND PHYSICAL DESCRIPTION MAY ALSO BE PROVIDED
TO THE DEPARTMENT OF TRANSPORTATION AND THE THRUWAY AUTHORITY FOR USE ON
HIGHWAY VARIABLE MESSAGE  SIGNS.  FURTHER,  THE  THRUWAY  AUTHORITY  MAY
DISPLAY SUCH INFORMATION WHERE PRACTICAL AT SERVICE AREAS;
  (VII)  SUCH  "SILVER ALERT" SHALL BE DISCONTINUED UPON THE RECOVERY OF
THE INDIVIDUAL OR AT THE DISCRETION OF THE LAW ENFORCEMENT AGENCY INVES-
TIGATING THE DISAPPEARANCE.  IF  APPROPRIATE,  THE  CITIZEN,  FAMILY  OR
CAREGIVER'S  NAME AND CONTACT INFORMATION SHALL BE FORWARDED TO THE AREA
AGENCY ON AGING, OR OTHER LOCAL AGENCY FOR ASSESSMENT AND SERVICE REFER-
RALS.
  (B) AS USED IN THIS SECTION:
  (I) "CAREGIVER" MEANS FAMILY,  LEGAL  GUARDIAN,  CUSTODIAN,  OR  OTHER
CAREGIVER  RESPONSIBLE FOR THE CARE OF THE COGNITIVELY IMPAIRED INDIVID-
UAL;
  (II) "SILVER ALERT" MEANS THE PROGRAM CREATED BY THIS SECTION;
  (III) "COGNITIVELY IMPAIRED INDIVIDUAL" OR "INDIVIDUAL" MEANS AN INDI-
VIDUAL WITH COGNITIVE IMPAIRMENTS, INCLUDING ALZHEIMER'S,  DEMENTIA,  OR
OTHER COGNITIVE IMPAIRMENT; AND
  (IV) "ALZHEIMER'S COORDINATING COUNCIL" MEANS THE COORDINATING COUNCIL
FOR  SERVICES  RELATED TO ALZHEIMER'S DISEASE AND OTHER DEMENTIAS ESTAB-
LISHED PURSUANT TO SECTION TWO THOUSAND FOUR-A OF THE PUBLIC HEALTH LAW.
  (C) IMMUNIZATION FROM LIABILITY FOR ACTING IN GOOD FAITH.  ANY  PERSON
WHO  REASONABLY  AND  IN  GOOD  FAITH  MAKES A REPORT OR TAKES AN ACTION
PURSUANT TO THIS SECTION SHALL HAVE IMMUNITY FROM ANY  LIABILITY,  CIVIL
OR CRIMINAL, FOR HAVING MADE SUCH A REPORT OR TAKEN SUCH ACTION.
  S  5.  Subdivision  4  of  section  2004-a of the public health law is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C) THE COUNCIL SHALL REVIEW AND MAKE  RECOMMENDATIONS  REGARDING  THE
BEST  USE OF LOCATOR TECHNOLOGY, INCLUDING THE USE OF GLOBAL POSITIONING
DEVICES THE NATIONAL MEDICALERT+SAFE RETURN PROGRAM,  OR  ANY  SUCCESSOR
THERETO,  AND  OTHER  SERVICES  THAT ASSIST IN THE EXPEDITED LOCATION OF
INDIVIDUALS WITH ALZHEIMER'S DISEASE AND OTHER DEMENTIAS THAT ARE  MISS-
ING  DUE TO THE SYMPTOMS OF SUCH DISEASES. EACH STATE AGENCY PARTICIPAT-
ING IN THIS COUNCIL SHALL POST ON THEIR RESPECTIVE  WEBSITE  INFORMATION
ABOUT  LOCATOR  TECHNOLOGY  AND SERVICES, INCLUDING, BUT NOT LIMITED TO,
WHERE TO BUY THE TECHNOLOGY OR HOW TO OBTAIN ACCESS TO THE SERVICE,  THE
COST  OF EACH OPTION, AND THE BENEFITS AND DISADVANTAGES OF EACH OPTION.
THE COUNCIL SHALL ALSO REVIEW AND  MAKE  RECOMMENDATIONS  REGARDING  THE
DISSEMINATION OF SUCH TECHNOLOGY AND SERVICES.
  (D)  THE COUNCIL SHALL DEVELOP AN APPROPRIATE INFORMATION ADVISORY FOR
USE BY PHYSICIANS TO ALERT PATIENTS AND CAREGIVERS  AS  TO  OPTIONS  FOR
CARE AND LOCATOR TECHNOLOGY.
  S  6.  Severability.  If  any provision of this act or the application
thereof to any person or circumstance is adjudged invalid by a court  of
competent  jurisdiction,  such  judgment  shall not affect or impair any
other provisions or applications of this act which can be effected with-
out the invalid provision or application, and to this end the provisions
of this act are severable.

S. 4307                             4

  S 7. 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 on or before such
effective date.