S T A T E O F N E W Y O R K
________________________________________________________________________
6084
2017-2018 Regular Sessions
I N A S S E M B L Y
February 23, 2017
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Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COOK, GALEF, GLICK, ORTIZ -- read once and referred to the Committee
on Health
AN ACT to amend the public health law and the environmental conservation
law, in relation to reporting of pesticide poisonings
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The opening paragraph of paragraph (t) of subdivision 5 of
section 225 of the public health law is designated subparagraph (i) and
a new subparagraph (ii) is added to read as follows:
(II) NOTWITHSTANDING THE REQUIREMENTS OF SUBPARAGRAPH (I) OF THIS
PARAGRAPH, EVERY HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED UNDER
TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER LAWFUL SCOPE
OF PRACTICE IN ATTENDANCE WITH A PERSON WITH CONFIRMED OR SUSPECTED
PESTICIDE POISONING, OR CLINICAL LABORATORY TEST RESULTS WHICH SHOW
ABNORMALLY DEPRESSED CHOLINESTERASE LEVELS AND ABNORMALLY ELEVATED
TISSUE LEVELS OF PESTICIDES, SHALL REPORT SUCH OCCURRENCE TO THE COMMIS-
SIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION WITHIN TWEN-
TY-FOUR HOURS, INCLUDING THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
PERSON EXPOSED TO PESTICIDES; THE NATURE OF THE PESTICIDE EXPOSURE; THE
LOCATION WHERE THE EXPOSURE OCCURRED; THE NAME OF THE PESTICIDE APPLICA-
TOR, IF APPLICABLE, WHO APPLIED OR OTHERWISE HANDLED THE PESTICIDE; AND
THE PESTICIDE IDENTIFIED OR SUSPECTED IN THE PESTICIDE POISONING OR TEST
RESULTS. EVERY PERSON WITH CONFIRMED OR SUSPECTED PESTICIDE POISONING OR
CLINICAL LABORATORY TEST RESULTS WHICH SHOW ABNORMALLY DEPRESSED CHOLI-
NESTERASE LEVELS AND ABNORMALLY ELEVATED TISSUE LEVELS OF PESTICIDES
SHALL BE INFORMED BY THE HEALTH CARE PRACTITIONER LICENSED OR CERTIFIED
UNDER TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER LAWFUL
SCOPE OF PRACTICE, THAT ALL INFORMATION AND DATA FROM THE DIAGNOSIS OR
TEST RESULTS WILL BE DISCLOSED TO THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION. SUCH PERSON SHALL BE INFORMED THAT THEIR NAME, ADDRESS AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03160-01-7
A. 6084 2
TELEPHONE NUMBER WILL BE KEPT CONFIDENTIAL, EXCEPT THAT HE OR SHE MAY
WAIVE THIS CONFIDENTIALITY IF THEY WISH. CONFIDENTIALITY OF THE PERSON'S
NAME, ADDRESS AND TELEPHONE NUMBER SHALL BE THE SHARED RESPONSIBILITY OF
THE DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, EXCEPT
IF THE PERSON WAIVES THIS RIGHT.
§ 2. Section 71-2903 of the environmental conservation law is amended
by adding a new subdivision 3 to read as follows:
3. THE COMMISSIONER, OR ANY AUTHORIZED DESIGNEE OF THE COMMISSIONER,
SHALL IMMEDIATELY INVESTIGATE ALL REPORTS FROM THE DEPARTMENT OF HEALTH,
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (T) OF SUBDIVISION FIVE OF
SECTION TWO HUNDRED TWENTY-FIVE OF THE PUBLIC HEALTH LAW, OF CONFIRMED
OR SUSPECTED PESTICIDE POISONING OR CLINICAL LABORATORY TEST RESULTS
WHICH SHOW ABNORMAL DEPRESSED CHOLINESTERASE LEVELS AND ABNORMAL
ELEVATED TISSUE LEVELS OF PESTICIDES. THE COMMISSIONER SHALL ANNUALLY
REPORT IN DETAIL THE RESULTS OF SUCH INVESTIGATIONS OF CONFIRMED OR
SUSPECTED INCIDENCE OF PESTICIDE POISONING AND RESULTS OF ALL CLINICAL
LABORATORY TEST RESULTS WHICH SHOW ABNORMALLY DEPRESSED CHOLINESTERASE
LEVELS AND ABNORMALLY ELEVATED TISSUE LEVELS OF PESTICIDES, EXCLUDING
ONLY THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF THE PERSONS EXPOSED
TO PESTICIDES, UNLESS THIS RIGHT TO CONFIDENTIALITY HAS BEEN WAIVED, TO
THE SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
CHAIRS OF THE SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION AND HEALTH
COMMITTEES AND THE COMMISSIONER OF HEALTH BY JANUARY THIRTIETH FOR THE
PREVIOUS CALENDAR YEAR. ALL INFORMATION AND DATA FROM COMPLETED INVESTI-
GATIONS SHALL BE AVAILABLE TO THE PUBLIC THROUGH THE FREEDOM OF INFORMA-
TION LAW, EXCEPT AS SUCH INFORMATION IS REQUIRED TO BE KEPT CONFIDENTIAL
AND THAT CONFIDENTIALITY HAS NOT BEEN WAIVED.
§ 3. This act shall take effect on the sixtieth day after it shall
have become a law.