S T A T E O F N E W Y O R K
________________________________________________________________________
5469
2023-2024 Regular Sessions
I N A S S E M B L Y
March 10, 2023
___________
Introduced by M. of A. SMITH -- 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 32 to read as follows:
32. 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 38-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-TWO 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.
LBD01030-01-3
A. 5469 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. Effective immediately,
the addition and/or repeal of any rule or regulation 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.