S T A T E O F N E W Y O R K
________________________________________________________________________
3410
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
Introduced by M. of A. SOLAGES -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law, in relation to requiring the New
York state cancer services program to provide breast cancer, cervical
cancer, colon cancer, prostate cancer, testicular cancer and ovarian
cancer screenings and diagnostic services at no cost to certain
people; and making an appropriation therefor
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 2405 of the public health law, as
amended by section 2 of part A of chapter 109 of the laws of 2010, is
amended to read as follows:
2. The program shall include:
(a) establishment of a statewide public education and outreach
campaign to publicize evidence based cancer detection and education
services, such campaign shall include: general community education,
outreach to specific underserved populations, evidence based clinical
cancer screening services, and an informational summary that shall
include an explanation of the importance of clinical examinations and
what to expect during clinical examinations and cancer screening
services;
(b) provision of grants to approved organizations under section twen-
ty-four hundred six of this title;
(c) compilation of data concerning the cancer detection and education
program and dissemination of the data to the public; [and]
(d) development of professional education programs including the bene-
fits of early detection of cancer and clinical examinations, the recom-
mended frequency of clinical examinations and cancer screening services,
and professionally recognized best practices guidelines;
(E) A REQUIREMENT OF PROVIDING CANCER SCREENING AND DIAGNOSTIC
SERVICES FOR CANCERS INCLUDING, BUT NOT LIMITED TO, BREAST CANCER,
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02554-01-3
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CERVICAL CANCER, COLON CANCER, PROSTATE CANCER, TESTICULAR CANCER AND
OVARIAN CANCER; AND
(F) AN INFORMATIONAL PAMPHLET PERTAINING TO BREAST CANCER, CERVICAL
CANCER, COLON CANCER, PROSTATE CANCER, TESTICULAR CANCER AND OVARIAN
CANCER INCLUDING, BUT NOT LIMITED TO: INFORMATION ON EARLY DETECTIONS
AND TREATMENTS OF SUCH CANCERS; CONTACT INFORMATION, INCLUDING BUT NOT
LIMITED TO, THE PROGRAM'S PHONE NUMBER, CONTACT EMAIL, AND WEBSITE FOR
THE PURPOSES OF THE DEPARTMENT EDUCATING PATIENTS; AND A TELEPHONE
NUMBER FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT IN THE DEPARTMENT
AND THE OFFICE OF THE PROFESSIONS IN THE DEPARTMENT OF EDUCATION, AT
WHICH A PATIENT MAY REPORT ANY MISCONDUCT THAT THE PATIENT FEELS MAY
HAVE OCCURRED. THE INFORMATIONAL PAMPHLET SHALL BE POSTED AS A PRINT-
ABLE FILE ON THE DEPARTMENT'S INTERNET WEBSITE AND MAY ALSO BE MADE
AVAILABLE FOR ORDER AS A PRINTED DELIVERABLE ON THE DEPARTMENT'S INTER-
NET WEBSITE. THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S
LANGUAGE AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX MOST COMMON
NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFI-
CIENCY IN NEW YORK STATE AS BASED ON THE MOST RECENT CENSUS.
§ 2. Section 2408 of the public health law, as amended by chapter 430
of the laws of 2005, is amended to read as follows:
§ 2408. Annual report. The commissioner shall submit on or before
December first, an annual report to the governor and the legislature
concerning the operation of the breast [and], cervical, OVARIAN, COLON,
PROSTATE AND TESTICULAR cancer detection and education program.
[Commencing in nineteen hundred ninety-five, such] SUCH reports shall
include the experience of the program in providing BREAST, cervical,
OVARIAN, COLON, PROSTATE AND TESTICULAR cancer early detection and diag-
nostic services. The annual report shall include strategies for imple-
mentation of the BREAST, cervical, OVARIAN, COLON, PROSTATE AND TESTICU-
LAR cancer prevention plan and for promoting the plan to the general
public, state and local elected officials, and various public and
private organizations, associations, businesses, industries, and agen-
cies. Approved organizations shall provide such data and assessment as
the commissioner may require for such report. Such report shall also
include any recommendations for additional action to respond to the high
incidence of breast cancer in this state.
§ 3. Section 2409 of the public health law, as added by chapter 300 of
the laws of 1995 and subdivisions 5 and 6 as renumbered by section 72 of
part D of chapter 60 of the laws of 2012, is amended to read as follows:
§ 2409. [Ovarian] BREAST, CERVICAL, OVARIAN, COLON, PROSTATE AND
TESTICULAR cancer information program. 1. There is hereby created within
the department the [ovarian] BREAST, CERVICAL, OVARIAN, COLON, PROSTATE
AND TESTICULAR cancer information program (referred to in this section
as the "program"), which shall provide information for consumers,
patients, and health care providers relating to BREAST, CERVICAL, ovari-
an, COLON, PROSTATE AND TESTICULAR cancer, including signs and symptoms,
risk factors, the benefits of early detection through appropriate diag-
nostic testing and treatment options.
2. The program [may] SHALL include but not be limited to the following
elements:
(a) educational and informational materials in print, audio, video,
electronic, or other media;
(b) public service announcements and advertisements; [and]
(c) establishment of toll-free telephone hotlines to provide informa-
tion; AND
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(D) AN INFORMATIONAL PAMPHLET PERTAINING TO BREAST CANCER, CERVICAL
CANCER, COLON CANCER, PROSTATE CANCER, TESTICULAR CANCER AND OVARIAN
CANCER INCLUDING, BUT NOT LIMITED TO: INFORMATION ON EARLY DETECTIONS
AND TREATMENTS OF SUCH CANCERS; CONTACT INFORMATION, INCLUDING BUT NOT
LIMITED TO, THE PROGRAM'S PHONE NUMBER, CONTACT EMAIL, AND WEBSITE, FOR
THE PURPOSES OF THE DEPARTMENT EDUCATING PATIENTS; AND A TELEPHONE
NUMBER FOR THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT IN THE DEPARTMENT
AND THE OFFICE OF THE PROFESSIONS IN THE DEPARTMENT OF EDUCATION, AT
WHICH A PATIENT MAY REPORT ANY MISCONDUCT THAT THE PATIENT FEELS MAY
HAVE OCCURRED. THE INFORMATIONAL PAMPHLET SHALL BE POSTED AS A PRINT-
ABLE FILE ON THE DEPARTMENT'S INTERNET WEBSITE AND MAY ALSO BE MADE
AVAILABLE FOR ORDER AS A PRINTED DELIVERABLE ON THE DEPARTMENT'S INTER-
NET WEBSITE. THE INFORMATIONAL PAMPHLET SHALL BE WRITTEN IN
LAYPERSON'S LANGUAGE AND SHALL BE MADE AVAILABLE IN ENGLISH AND THE SIX
MOST COMMON NON-ENGLISH LANGUAGES SPOKEN BY INDIVIDUALS WITH LIMITED
ENGLISH PROFICIENCY IN NEW YORK STATE AS BASED ON THE MOST RECENT
CENSUS.
3. The department shall produce, make available to others for reprod-
uction, or contract with others to develop the materials mentioned in
this section as the commissioner deems appropriate. These materials
shall be made available to the public free of charge as appropriate or
for a fee under certain circumstances. The commissioner shall require,
where appropriate, health care providers to provide or make these mate-
rials available to patients.
4. In exercising any of his or her powers under this section, the
commissioner shall consult with appropriate health care professionals,
providers, consumers and patients, or organizations representing them.
5. In addition to any state funds appropriated for the program, the
commissioner may accept grants from public or private sources for the
program. The commissioner, in administering this section, shall seek to
coordinate the program with other public and private efforts, and may
undertake joint or cooperative programs with other public or private
entities.
6. The commissioner may make rules and regulations necessary and
appropriate for the implementation of this section.
§ 4. Subdivisions 1 and 3 of section 2409-a of the public health law,
as amended by section 6 of part A of chapter 60 of the laws of 2014, are
amended to read as follows:
1. There is hereby established in the department the cancer detection
and education program advisory council, for the purpose of advising the
commissioner with regards to providing information to consumers,
patients, and health care providers relating, but not limited to,
breast, cervical, COLON, prostate, testicular and ovarian cancer,
including signs and symptoms, risk factors, the benefits of prevention
and early detection, guideline concordant cancer screening and disease
management, options for diagnostic testing and treatment, new technolo-
gies, and survivorship.
3. The commissioner shall appoint twenty-one voting members, which
shall include representation of health care professionals, consumers,
patients, one voting member who shall be a person who has or has had
COLON, prostate or testicular cancer, one voting member who shall be a
person who has or has had breast, cervical or ovarian cancer and other
appropriate interests reflective of the diversity of the state, with
expertise in breast, cervical, COLON, prostate, testicular and/or ovari-
an cancer. The commissioner shall appoint one member as a chairperson.
The members of the council shall receive no compensation for their
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services, but shall be allowed their actual and necessary expenses
incurred in performance of their duties.
§ 5. The sum of twenty-six million eight hundred thousand dollars
($26,800,000), or so much thereof as may be necessary, is hereby appro-
priated to the New York state cancer services program out of any moneys
in the state treasury in the general fund to the credit of the depart-
ment of health, not otherwise appropriated, and made immediately avail-
able, for the purpose of carrying out the provisions of this act. Such
moneys shall be payable on the audit and warrant of the comptroller on
vouchers certified or approved by the commissioner of health in the
manner prescribed by law.
§ 6. This act shall take effect on the ninetieth day after it shall
have become a law.