Assembly Bill A4266

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4266
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  GRAF,  M. G. MILLER, HAWLEY -- read once and
   referred to the Committee on Health
 
 AN ACT to amend the public health law,  in  relation  to  requiring  the
   department  of health to establish and maintain a list of toxins which
   members of the military may have come into contact with and  requiring
   doctors to ask patients whether they have served in the military
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 206 of the public health law is amended by adding a
 new subdivision 31 to read as follows:
   31. THE COMMISSIONER SHALL COMPILE AND PERIODICALLY UPDATE A  LIST  OF
 TOXIC MATERIALS OR HARMFUL PHYSICAL AGENTS WHICH MEMBERS OF THE MILITARY
 MAY  HAVE  COME  INTO CONTACT WITH AS A RESULT OF MILITARY SERVICE.  THE
 COMMISSIONER MAY CONSULT WITH THE VETERANS ADMINISTRATION TO  ASSIST  IN
 THE  COMPILATION OF SUCH LIST. THE LIST SHALL BE PROVIDED TO ALL PERSONS
 LICENSED TO PRACTICE MEDICINE IN ACCORDANCE  WITH  ARTICLE  ONE  HUNDRED
 THIRTY-ONE OF THE EDUCATION LAW.
   §  2. The public health law is amended by adding a new article thirty-
 eight-A to read as follows:
                                ARTICLE 38-A
                              VETERANS HEALTH
 SECTION 3810. TOXIC MATERIALS AND HARMFUL PHYSICAL AGENTS.
   § 3810. TOXIC MATERIALS  AND  HARMFUL  PHYSICAL  AGENTS.  ALL  DOCTORS
 LICENSED  TO  PRACTICE  MEDICINE  IN ACCORDANCE WITH ARTICLE ONE HUNDRED
 THIRTY-ONE OF THE EDUCATION LAW SHALL ASK EACH PATIENT WHETHER HE OR SHE
 HAS SERVED IN THE MILITARY AND WHETHER HE OR SHE HAS BEEN EXPOSED TO ANY
 OF THE TOXIC MATERIALS OR HARMFUL PHYSICAL AGENTS INCLUDED IN  THE  LIST
 COMPILED  BY  THE  COMMISSIONER,  PURSUANT  TO SUBDIVISION THIRTY-ONE OF
 SECTION TWO HUNDRED SIX OF THIS CHAPTER. WHEN A DOCTOR IS  DIAGNOSING  A
 PATIENT  WHO HAS SERVED IN THE MILITARY AND WHO MAY HAVE BEEN EXPOSED TO
 ANY OF THE TOXIC MATERIALS OR HARMFUL PHYSICAL AGENTS INCLUDED  IN  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05659-01-7

 A. 4266                             2
 
 LIST,  THE  DOCTOR SHALL INCLUDE CONSIDERATION OF THE PATIENT'S KNOWN OR
 POSSIBLE EXPOSURE TO SUCH TOXIC MATERIALS  OR  HARMFUL  PHYSICAL  AGENTS
 WHEN FORMING A DIAGNOSIS.
   §  3.  This act shall take effect immediately; provided, however, that
 effective immediately, the addition and/or repeal of any rule  or  regu-
 lation  necessary  for  the  implementation of this act on its effective
 date are authorized and directed to be made and completed on  or  before
 such effective date.