S T A T E O F N E W Y O R K
________________________________________________________________________
5599
2011-2012 Regular Sessions
I N A S S E M B L Y
February 23, 2011
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Introduced by M. of A. MENG, PHEFFER, KAVANAGH, ROBINSON, COOK, JAFFEE,
ROSENTHAL -- Multi-Sponsored by -- M. of A. ABBATE, BRENNAN,
BROOK-KRASNY, GABRYSZAK, McENENY, J. RIVERA, SCARBOROUGH, WEISENBERG
-- read once and referred to the Committee on Aging
AN ACT to amend the public health law, in relation to the creation of a
reference list of businesses that provide locator technology designed
to assist in the expedited location of individuals afflicted with
Alzheimer's disease or dementia who become lost or disoriented, and
requiring physicians to disclose the existence of such technology to
persons afflicted with Alzheimer's disease or dementia and to maintain
information regarding any technology utilized by such afflicted people
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 two new sections
2010 and 2011 to read as follows:
S 2010. ALZHEIMER'S AND DEMENTIA LOCATOR TECHNOLOGY INFORMATION. 1.
THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR THE AGING, THE
DEPARTMENT OF SOCIAL SERVICES AND THE STATE POLICE, SHALL DEVELOP AND
MAINTAIN A COMPREHENSIVE LIST OF BUSINESSES AND OTHER ENTITIES THAT
MANUFACTURE, DISTRIBUTE OR OTHERWISE OFFER LOCATOR TECHNOLOGY OR
SERVICES DESIGNED TO ASSIST IN THE EXPEDITED LOCATION OF INDIVIDUALS
AFFLICTED WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME LOST OR DISO-
RIENTED. THE DEPARTMENT SHALL NOTIFY ALL PHYSICIANS LICENSED TO PRACTICE
IN THIS STATE OF THE EXISTENCE OF THE LIST AND SHALL MAKE THE LIST
AVAILABLE TO THE GENERAL PUBLIC THROUGH THE DEPARTMENT'S WEBSITE. THE
LIST SHALL BE UPDATED BY THE DEPARTMENT ON AT LEAST A SEMI-ANNUAL BASIS,
AND MAY BE MAINTAINED ON OR CONNECTED TO THE WEBSITES OF OTHER STATE
OFFICES, INCLUDING THOSE MAINTAINED BY THE OFFICE FOR THE AGING, THE
DEPARTMENT OF SOCIAL SERVICES, THE STATE POLICE AND THE DEPARTMENT OF
MENTAL HEALTH.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05572-01-1
A. 5599 2
2. AS USED IN THIS SECTION "LOCATOR TECHNOLOGY" MEANS ANY PRODUCT,
PROGRAM OR SYSTEM USED TO ASSIST IN THE LOCATION AND IDENTIFICATION OF
LOST OR DISORIENTED PERSONS, AND INCLUDES BUT IS NOT LIMITED TO, RADIO
WRIST TRANSMITTER TRACKING SYSTEMS, SOFTWARE PROGRAMS, DATA BASES, AND
PRODUCTS CONTAINING IDENTIFYING INFORMATION, INCLUDING NECKLACES OR
BRACELETS.
3. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE
OR SHE DEEMS NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SECTION.
S 2011. PHYSICIANS AND FACILITIES; DUTY TO ADVISE OF LOCATOR TECHNOLO-
GY INFORMATION. 1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWELVE, EVERY
PHYSICIAN DIAGNOSING OR TREATING A PERSON WITH ALZHEIMER'S DISEASE OR
OTHER DEMENTIA, AND EVERY FACILITY CARING FOR SUCH PERSON SHALL ADVISE
EACH AFFLICTED PERSON AND SUCH PERSON'S FAMILY AND CAREGIVERS OF THE
AVAILABILITY OF TECHNOLOGY DESIGNED TO ASSIST IN THE EXPEDITED LOCATION
OF INDIVIDUALS AFFLICTED WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME
LOST OR DISORIENTED, AND OF THE LOCATOR TECHNOLOGY LIST MAINTAINED BY
THE DEPARTMENT PURSUANT TO SECTION TWO THOUSAND TEN OF THIS ARTICLE.
2. EACH PHYSICIAN DIAGNOSING OR TREATING A PERSON WITH ALZHEIMER'S
DISEASE, DEMENTIA OR TRAUMATIC BRAIN INJURY SHALL MAINTAIN IN THE
AFFLICTED PERSON'S MEDICAL RECORDS INFORMATION PERTAINING TO ANY LOCATOR
TECHNOLOGY UTILIZED BY SUCH PERSON, INCLUDING THE NATURE AND TYPE OF THE
TECHNOLOGY, THE APPROXIMATE DATE THE TECHNOLOGY WAS ACQUIRED, THE
MANUFACTURER'S NAME AND CONTACT INFORMATION, AND THE SERIAL NUMBER, IF
ANY, OF SUCH PRODUCT. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ALL SUCH INFORMATION SHALL BE IMMEDIATELY DISCLOSED BY THE
PHYSICIAN TO THE STATE POLICE UPON REQUEST BY THE STATE POLICE IN THE
EVENT THE AFFLICTED PERSON IS REPORTED TO THE POLICE AS BEING LOST OR
MISSING; SUCH DISCLOSURE SHALL NOT CONSTITUTE A VIOLATION OF ANY FEDERAL
OR STATE STATUTES REGARDING THE CONFIDENTIALITY OF PATIENT MEDICAL
INFORMATION.
S 2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law, provided that the
department of health is immediately authorized and directed to take such
actions as are necessary to implement this act, including the promulga-
tion of rules in accordance with the state administrative procedure act,
on or before its effective date.