S T A T E O F N E W Y O R K
________________________________________________________________________
8811
2017-2018 Regular Sessions
I N A S S E M B L Y
November 29, 2017
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Introduced by M. of A. COOK -- read once and referred to the Committee
on Health
AN ACT to authorize and direct the commissioner of health to designate
HTLV-1 and HTLV-2 communicable diseases; and to amend the public
health law, in relation to the HTLV-1 and HTLV-2 viruses
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The commissioner of health is hereby authorized and
directed to include HTLV-1 and HTLV-2 in the list of communicable
diseases in the New York state sanitary code.
§ 2. Article 21 of the public health law is amended by adding a new
title 8 to read as follows:
TITLE VIII
HTLV-1 AND HTLV-2
SECTION 2180. HTLV-1 AND HTLV-2; DUTY TO REPORT.
2181. HTLV-1 AND HTLV-2; EDUCATIONAL MATERIALS.
2182. RULES AND REGULATIONS.
§ 2180. HTLV-1 AND HTLV-2; DUTY TO REPORT. 1. EVERY PHYSICIAN OR OTHER
PERSON AUTHORIZED BY LAW TO ORDER DIAGNOSTIC TESTS OR MAKE A MEDICAL
DIAGNOSIS, OR ANY LABORATORY PERFORMING SUCH TESTS SHALL IMMEDIATELY
UPON (A) DETERMINATION THAT A PERSON IS INFECTED WITH HTLV-1 OR HTLV-2,
AND (B) PERIODIC MONITORING OF HTLV-1 AND HTLV-2 INFECTIONS BY ANY LABO-
RATORY TESTS REPORT SUCH CASE OR DATA TO THE COMMISSIONER WITHIN TWEN-
TY-FOUR HOURS FROM THE TIME THE CASE IS FIRST SEEN. IF A CORONER,
PATHOLOGIST, MEDICAL EXAMINER, OR OTHER PERSON QUALIFIED TO CONDUCT AN
EXAMINATION OF A DECEASED PERSON DISCOVERS THAT AT THE TIME OF DEATH THE
INDIVIDUAL WAS AFFLICTED WITH HTLV-1 OR HTLV-2, HE OR SHE SHALL REPORT
THE CASE WITHIN TWENTY-FOUR HOURS TO THE COMMISSIONER AS IF THE DIAGNO-
SIS HAD BEEN ESTABLISHED PRIOR TO DEATH.
2. REPORTS REQUIRED UNDER THIS SECTION SHALL CONTAIN SUCH INFORMATION
CONCERNING THE CASE AS SHALL BE REQUIRED BY THE COMMISSIONER. THESE
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10321-01-7
A. 8811 2
REPORTS SHALL CONTAIN, BUT NEED NOT BE LIMITED TO, ALL MEDICAL INFORMA-
TION REQUIRED TO ESTABLISH ACCURATE NUMBERS FOR STATEWIDE PREVALENCE,
RATES OF ANNUAL INCIDENCE, AND MORBIDITY AND MORTALITY RATES.
3. ALL REPORTS OR INFORMATION SECURED BY THE DEPARTMENT UNDER THE
PROVISIONS OF THIS TITLE SHALL BE CONFIDENTIAL EXCEPT: (A) IN SO FAR AS
IS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE; (B) WHEN USED IN
THE AGGREGATE, WITHOUT PATIENT SPECIFIC IDENTIFYING INFORMATION, IN
PROGRAMS APPROVED BY THE COMMISSIONER FOR THE IMPROVEMENT OF THE QUALITY
OF MEDICAL CARE PROVIDED TO PERSONS WITH HTLV-1 OR HTLV-2; (C) WHEN USED
WITHIN THE STATE OR LOCAL HEALTH DEPARTMENT BY PUBLIC HEALTH DISEASE
PROGRAMS TO ASSESS CO-MORBIDITY OR COMPLETENESS OF REPORTING AND TO
DIRECT PROGRAM NEEDS, IN WHICH CASE PATIENT SPECIFIC IDENTIFYING INFOR-
MATION SHALL NOT BE DISCLOSED OUTSIDE THE STATE OR LOCAL HEALTH DEPART-
MENT; OR (D) WHEN USED FOR PURPOSES OF PATIENT LINKAGE AND RETENTION IN
CARE, PATIENT SPECIFIC IDENTIFIED INFORMATION MAY BE SHARED BETWEEN
LOCAL AND STATE HEALTH DEPARTMENTS AND HEALTH CARE PROVIDERS CURRENTLY
TREATING THE PATIENT AS APPROVED BY THE COMMISSIONER.
§ 2181. HTLV-1 AND HTLV-2; EDUCATIONAL MATERIALS. 1. THE COMMISSIONER
SHALL DEVELOP, PRODUCE AND MAKE AVAILABLE TO PHYSICIANS, OTHER HEALTH
CARE PROVIDERS, AND OTHER PERSONS AT HIGH RISK FOR HTLV-1 AND HTLV-2
EDUCATIONAL MATERIALS, IN WRITTEN AND ELECTRONIC FORMS, ON THE DIAGNO-
SIS, TREATMENT AND PREVENTION OF HTLV-1 AND HTLV-2. SUCH MATERIALS
SHALL BE WRITTEN IN TERMS WHICH ARE UNDERSTANDABLE BY MEMBERS OF THE
GENERAL PUBLIC. SUCH MATERIALS SHALL INCLUDE INFORMATION AND ASSISTANCE
ON WHERE TO FIND COMMUNITY SUPPORT SERVICES, SUPPORT GROUPS, RESPITE,
AND CARE MANAGEMENT. IN INSTANCES IN WHICH VIRAL TYPING IS POSSIBLE,
THESE MATERIALS SHALL DIRECT TO VIRUS SPECIFIC COMMUNITY SUPPORT
SERVICES, SUPPORT GROUPS, RESPITE, AND CARE MANAGEMENT AS HTLV-1 AND
HTLV-2 ARE TWO DIFFERENT RETROVIRUSES WITH DIFFERING EPIDEMIOLOGIES AND
DISEASE ASSOCIATIONS REQUIRING SPECIFIC RECOMMENDATIONS FOR PERSONS
INFECTED WITH HTLV-1 OR HTLV-2.
2. THESE MATERIALS SHALL BE MADE AVAILABLE TO THE PUBLIC FREE OF
CHARGE. THE COMMISSIONER SHALL MAKE THESE MATERIALS AVAILABLE TO CLINICS
THAT SPECIALIZE IN SEXUALLY TRANSMITTED DISEASES, HEALTH CARE FACILI-
TIES, AND DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION FACILI-
TIES.
3. THE COMMISSIONER SHALL ENSURE THAT ALL INFORMATION AND MATERIALS
PRODUCED UNDER THIS SECTION ARE MAINTAINED AND UPDATED TO REFLECT BEST
PRACTICE RECOMMENDATIONS AND ARE CULTURALLY AND LINGUISTICALLY APPROPRI-
ATE FOR THE COMMUNITIES THE MATERIALS ARE MADE AVAILABLE TO. THE DEPART-
MENT SHALL POST THE SAME INFORMATION ON ITS WEBSITE.
§ 2182. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH
RULES AND REGULATIONS AS SHALL BE NECESSARY AND PROPER TO EFFECTUATE THE
PURPOSES OF THIS TITLE.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided that, effective immediately, the
addition, amendment, and/or repeal of any rules and regulations neces-
sary to implement the provisions of this act on its effective date are
authorized and directed to be completed on or before such effective
date.