NY State Senate Bill 2017-S5221

Senate Bill S5221

Vetoed By Governor

2017-2018 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 - Vetoed by Governor

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 21, 2018	vetoed memo.310
Dec 12, 2018	delivered to governor
Jun 20, 2018	returned to senate passed assembly ordered to third reading rules cal.401 substituted for a1118a
Jun 13, 2018	referred to ways and means delivered to assembly passed senate ordered to third reading cal.1758 committee discharged and committed to rules
Jun 01, 2018	print number 5221a
Jun 01, 2018	amend (t) and recommit to health
Jan 03, 2018	referred to health
Mar 16, 2017	referred to health

Votes

- Jun 13, 2018 - Floor Vote
  S5221
  
  60
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  3
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 13, 2018
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      DeFrancisco
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kavanagh
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Marchione
      
      Mayer
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      excused (3)
      
      Amedore
      
      Croci
      
      Sepúlveda
  Jun 13, 2018 - Rules Committee Vote
  S5221
  
  25
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 13, 2018
      
      aye (25)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Parker
      
      Ranzenhofer
      
      Rivera
      
      Robach
      
      Savino
      
      Seward
      
      Stewart-Cousins
      
      Valesky

Bill Amendments

Original

A (Active)

2017-S5221 - Details

Law Section:: Public Health Law
Laws Affected:: Add §§2010 & 2011, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3452
2015-2016: S3186

2017-S5221 - 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.

2017-S5221 - Sponsor Memo

                                 BILL NUMBER:  S5221

 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 :

Section 1. 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.

2017-S5221 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5221
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 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:
   § 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.

                                                            LBD04968-01-7

 S. 5221                             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.
   § 2011. PHYSICIANS AND FACILITIES; DUTY TO ADVISE OF LOCATOR TECHNOLO-
 GY INFORMATION. 1. EFFECTIVE JANUARY FIRST, TWO THOUSAND EIGHTEEN, 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.
   § 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.

2017-S5221A (ACTIVE) - Details

Law Section:: Public Health Law
Laws Affected:: Add §§2010 & 2011, Pub Health L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S3452
2015-2016: S3186

2017-S5221A (ACTIVE) - Summary

2017-S5221A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5221A

SPONSOR: STAVISKY
 
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

 
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.

 
SUMMARY OF SPECIFIC PROVISIONS:

The public health law is amended by adding a new sections 2010.

Section 2010. Requires the development of a comprehensive list of tech-

nology or services for locating lost or disoriented patients, the main-
tenance and updating of this list, and the notification of physicians
treating Alzheimer's or dementia patients. It also defines locator tech-
nology.

 
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.  Revised 5/31/18 for amendment Alzheimer locator
device

2017-S5221A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5221--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2017
                                ___________
 
 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
 
   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 a new section
 2010 to read as follows:
   § 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 A LIST
 OF BUSINESSES AND OTHER ENTITIES THAT MANUFACTURE, DISTRIBUTE OR  OTHER-
 WISE  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 DISORIENTED.   SUCH BUSINESSES AND OTHER
 ENTITIES MAY REGISTER WITH THE DEPARTMENT TO BE INCLUDED ON  SUCH  LIST.
 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  AS  NEEDED,  AND  MAY  BE  MAINTAINED  ON  OR
 CONNECTED  TO THE WEBSITES OF OTHER STATE OFFICES, INCLUDING THOSE MAIN-
 TAINED 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.

                                                            LBD04968-03-8

 S. 5221--A                          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.
   § 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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