Assembly Bill A8202

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

                                  8202

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 6, 2011
                               ___________

Introduced  by M. of A. BING, GOTTFRIED -- read once and referred to the
  Committee on Health

AN ACT to amend the public health law, in relation to  establishing  the
  clinical information resource access program

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

  Section 1. Subdivision 1 of section 201 of the public  health  law  is
amended by adding two new paragraphs (k-1) and (k-2) to read as follows:
  (K-1)  PURSUANT  TO SECTION TWO HUNDRED SEVEN-A OF THIS TITLE, COORDI-
NATE CLINICAL INFORMATION RESOURCES  WITHIN  NEW  YORK  STATE  TO  AVOID
UNNECESSARY DUPLICATION OF EFFORT, RESOURCES AND FACILITIES;
  (K-2) PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THIS TITLE, ENCOURAGE
EDUCATION  AND  TRAINING  IN  THE AREA OF CLINICAL INFORMATION RESOURCES
INCLUDING, BUT NOT LIMITED TO, THE ACQUISITION,  LICENSING  AND  DISSEM-
INATION OF PRINT AND ELECTRONIC RESOURCES;
  S  2.   The public health law is amended by adding a new section 207-a
to read as follows:
  S 207-A.   CLINICAL INFORMATION  RESOURCE  ACCESS  PROGRAM.    1.  THE
DEPARTMENT,  IN  CONSULTATION  AND COOPERATION WITH THE BOARD OF REGENTS
AND THE BOARD OF TRUSTEES OF THE  STATE  UNIVERSITY,  SHALL  ENTER  INTO
CONTRACTS  AND  GRANT  LICENSES  FOR  THE  PROVISION TO INSTITUTIONS AND
FACILITIES, ELECTING TO PARTICIPATE PURSUANT TO SUBDIVISION TWO OF  THIS
SECTION OF ELECTRONIC AND PRINT RESOURCES ON MEDICAL INFORMATION RELATED
TO  CLINICAL  PRACTICE  INCLUDING, BUT NOT LIMITED TO, ACADEMIC, PROFES-
SIONAL AND BUSINESS JOURNALS, REFERENCE HANDBOOKS AND MANUALS,  RESEARCH
TRACKING  TOOLS, INDICES, AND ABSTRACTS. ALL COSTS OF SUCH CONTRACTS AND
LICENSES SHALL BE BORNE BY THE INSTITUTIONS AND FACILITIES, ELECTING  TO
PARTICIPATE  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION, ON A PRO-RATA
BASIS AS SHALL BE DETERMINED BY  THE  DEPARTMENT.    EACH  PARTICIPATING
INSTITUTION  AND FACILITY SHALL PAY ITS PRO-RATA SHARE TO THE DEPARTMENT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11032-05-1

              

A. 8202                             2

AT SUCH TIMES AS SHALL BE DETERMINED TO BE NECESSARY BY THE STATE  COMP-
TROLLER.
  2.  THE  ELECTRONIC AND PRINT RESOURCES ON MEDICAL INFORMATION RELATED
TO CLINICAL PRACTICE MADE AVAILABLE PURSUANT TO SUBDIVISION ONE OF  THIS
SECTION  SHALL  BE MADE AVAILABLE TO INSTITUTIONS AND FACILITIES ENGAGED
IN CLINICAL HEALTH PRACTICE OR THE PROVISION OF  ACADEMIC  CURRICULA  IN
SUPPORT OF ANY SUCH PRACTICE, AND WHICH PROVIDE NOTICE TO THE DEPARTMENT
OF THEIR INTENT TO BE PROVIDED WITH SUCH RESOURCES. PARTICIPATING INSTI-
TUTIONS  AND FACILITIES SHALL INCLUDE RESEARCHERS, SCHOLARS, FACULTY AND
STUDENTS OF MEMBER AND ASSOCIATE INSTITUTIONS  OF  THE  NEW  YORK  STATE
HIGHER  EDUCATION  INITIATIVE;  HEALTH  CARE  PRACTITIONERS  AT CLINICAL
FACILITIES AND INSTITUTIONS AFFILIATED WITH A MEMBER OR ASSOCIATE INSTI-
TUTION OF THE NEW YORK STATE HIGHER EDUCATION INITIATIVE;  OTHER  INSTI-
TUTIONS  REGISTERED WITH THE OFFICE OF COLLEGE AND UNIVERSITY EVALUATION
OF THE  EDUCATION  DEPARTMENT;  THE  STATE  LIBRARY;  AND  SUCH  MEDICAL
LIBRARIES  AS  SHALL  BE DESIGNATED BY THE ADVISORY BOARD ESTABLISHED BY
SUBDIVISION THREE OF THIS SECTION. EACH  PARTICIPATING  INSTITUTION  AND
FACILITY  SHALL  GRANT  INFORMATION  ACCESS  TO  HEALTH  CARE  PROVIDERS
LICENSED PURSUANT TO  TITLE  EIGHT  OF  THE  EDUCATION  LAW,  FACILITIES
LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND FEDERALLY
QUALIFIED HEALTH CLINICS OPERATING WITHIN THIS STATE.
  3. A. THE DEPARTMENT SHALL ESTABLISH AN ADVISORY BOARD FOR THE PURPOSE
OF  DESIGNATING  MEDICAL  LIBRARIES  ELIGIBLE TO BE PARTICIPATING INSTI-
TUTIONS AND FACILITIES, AND MAKING  RECOMMENDATIONS  TO  THE  DEPARTMENT
RELATING TO THE SELECTION, PROCUREMENT AND MAINTENANCE OF MEDICAL INFOR-
MATION  RESOURCES  PURSUANT TO THIS SECTION. THE ADVISORY BOARD SHALL BE
COMPOSED OF TEN MEMBERS APPOINTED BY THE COMMISSIONER  AS  FOLLOWS:  ONE
REPRESENTATIVE  OF ACADEMIC AND RESEARCH LIBRARIES OF SMALL INSTITUTIONS
OF  HIGHER  EDUCATION;  ONE  REPRESENTATIVE  OF  ACADEMIC  AND  RESEARCH
LIBRARIES OF MEDIUM INSTITUTIONS OF HIGHER EDUCATION; ONE REPRESENTATIVE
OF  ACADEMIC  AND  RESEARCH  LIBRARIES  OF  LARGE INSTITUTIONS OF HIGHER
EDUCATION; ONE REPRESENTATIVE OF MEDICAL SCHOOL LIBRARIES; ONE REPRESEN-
TATIVE OF COMMUNITY  HOSPITALS;  ONE  REPRESENTATIVE  OF  PUBLIC  HEALTH
ORGANIZATIONS; ONE REPRESENTATIVE OF FEDERALLY QUALIFIED HEALTH CLINICS;
AND  THREE  AT LARGE MEMBERS. THE MEMBERS OF THE ADVISORY BOARD SHALL BE
BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS OF THE STATE.  THE  ADVI-
SORY BOARD SHALL ELECT ITS CHAIR FROM AMONGST ITS MEMBERSHIP.
  B.  THE  ADVISORY  BOARD  SHALL  MEET  AT THE CALL OF ITS CHAIR OR THE
COMMISSIONER.  NO ACTION SHALL BE TAKEN BY  THE  ADVISORY  BOARD  EXCEPT
UPON THE AFFIRMATIVE VOTE OF SEVEN MEMBERS THEREOF.
  C. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED  IN  THE  PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SUBDIVI-
SION.
  S 3. This act shall take effect immediately.