NY State Senate Bill 2015-S3186A

Senate Bill S3186A

2015-2016 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 25, 2016	print number 3186a
Jan 25, 2016	amend and recommit to health
Jan 06, 2016	referred to health
Feb 03, 2015	referred to health

Bill Amendments

Original

A (Active)

2015-S3186 - Details

See Assembly Version of this Bill:: A393
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§2010 & 2011, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5228
2011-2012: A5599
2013-2014: S3452, A5286
2017-2018: S5221, A1118

2015-S3186 - Summary

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.

2015-S3186 - Sponsor Memo

                                BILL NUMBER:S3186

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
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

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 disoriented persons.

SUMMARY OF SPECIFIC PROVISIONS:

The public health law is amended by adding two new sections 2010 and
2011.

Section 2010. Requires the development 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 the national institute on Aging website, estimates vary,
but experts suggest that as many as 5 million Americans age 65 and
older may have Alzheimer's disease. 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 fax 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.

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 process.

2015-S3186 - Bill Text download pdf

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

                                  3186

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

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.
                                                           LBD04133-01-5

S. 3186                             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 SIXTEEN,  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.

2015-S3186A (ACTIVE) - Details

See Assembly Version of this Bill:: A393
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Add §§2010 & 2011, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A5228
2011-2012: A5599
2013-2014: S3452, A5286
2017-2018: S5221, A1118

2015-S3186A (ACTIVE) - Summary

2015-S3186A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S3186A

 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 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

 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 disoriented persons.

 SUMMARY OF SPECIFIC PROVISIONS :

The public health law is amended by adding two new sections 2010 and
2011.

Section 2010. Requires the development 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 the national institute on Aging website, estimates vary,
but experts suggest that as many as 5 million Americans age 65 and
older may have Alzheimer's disease. 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.

 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 procedure act, on or
before its effective date.

2015-S3186A (ACTIVE) - Bill Text download pdf

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

                                 3186--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 3, 2015
                               ___________

Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health --  recommitted  to
  the  Committee  on  Health in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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.
                                                           LBD04133-02-6

S. 3186--A                          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 SEVENTEEN,
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 MAIN-
TAINED 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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