senate Bill S3452

2013-2014 Legislative Session

Creates reference list of businesses providing locator technology to assist in the location of lost individuals with Alzheimer's disease, and requires physicians to disclose such technology

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to health
Feb 01, 2013 referred to health

S3452 - Bill Details

See Assembly Version of this Bill:
A5286
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add ยงยง2010 & 2011, Pub Health L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A5599
2009-2010: A5228

S3452 - Bill Texts

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Mandates 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 requires 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.

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BILL NUMBER:S3452

TITLE OF BILL: 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 diso-
riented, 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

PURPOSE OR GENERAL IDEA OF BILL: To provide quick and easily accessible
information to assist in the protection of patients afflicted with
Alzheimer's disease or dementia; to provide a database of technology and
tools that aid in locating a lost or disoriented person; to direct
physicians that treat patients of Alzheimer's disease of dementia to
provide such information to their families and caregivers, and to keep
such information in their medical files which would be accessible by
agencies including the State Police to assist in locating lost or diso-
riented persons

SUMMARY OF SPECIFIC PROVISIONS: The public health law is amended by
adding two new sections 2010 and 2001. Section 2010 requires the devel-
opment of a comprehensive list of technology or services for locating
lost or disoriented patients, the maintenance and updating of this list,
and the notification of physicians treating Alzheimer's or dementia
patients. It also defines' locator technology. Section 2011 directs
physicians treating Alzheimer's or dementia patients to provide this
information to families and caregivers and to maintain such information
in their medical files, which will be accessible by all agencies
involved in locating the patient.

JUSTIFICATION: According to a 2012 CNN report, 5.4 million Americans
suffer from Alzheimer's. This legislation will not only protect these
individuals, but also help the 15 million unpaid men and women who care
for them. As Alzheimer's progresses, disorientation can occur, and once
familiar surroundings are unrecognizable. As a result, people with
Alzheimer's wander away from their homes or care centers and turn up far
from where they started. Providing Alzheimer's patients and caregivers
up-to-date information regarding the availability of locator technology,
could prevent the frightening ordeal of a lost loved one.

PRIOR LEGISLATIVE HISTORY: This bill was previously introduced in the
Assembly

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect on the first of January next
succeeding 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

promulgation of rules in accordance with the state administrative proce-
dure act, on or before its effective date.

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

                                  3452

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03080-02-3

S. 3452                             2

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 FOURTEEN, 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.

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