Assembly Bill A5313

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

                                  5313

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 15, 2011
                               ___________

Introduced  by M. of A. MOLINARO, KOLB, COOK, McKEVITT, TOBACCO, RAIA --
  Multi-Sponsored by -- M. of A. BARCLAY, CONTE, CROUCH, DUPREY,  FINCH,
  GIGLIO,  HAWLEY,  JORDAN, P. LOPEZ, SAYWARD, SPANO, TEDISCO, THIELE --
  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.
                                                           LBD08267-01-1

              

A. 5313                             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.