S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6314
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2023
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Health
 
 AN ACT to amend the public health law, in relation to creating an educa-
   tional  pamphlet regarding the importance of prostate-specific antigen
   testing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2404-a  of  the public health law, as amended by
 chapter 335 of the laws of 2018, is amended to read as follows:
   § 2404-a. Prostate cancer; duty to inform;  EDUCATIONAL  PAMPHLET.  1.
 The  commissioner  shall  develop  [a  standardized  written summary] AN
 EDUCATIONAL PAMPHLET,  in  plain  non-technical  language,  which  shall
 explain the following:
   (a) the symptoms and risk factors for prostate cancer;
   (b)  the available methods for the detection and diagnosis of prostate
 cancer, including information on the relative accuracy of the  available
 detection  and  diagnostic  techniques,  INCLUDING,  BUT NOT LIMITED TO,
 PROSTATE-SPECIFIC ANTIGEN TESTING;
   (c) the availability of insurance coverage  for  diagnostic  screening
 for prostate cancer without cost sharing pursuant to subparagraph (B) of
 paragraph  eleven-a  of  subsection  (i)  of  section three thousand two
 hundred sixteen, subparagraph (B) of paragraph  eleven-a  of  subsection
 (1)  of  section three thousand two hundred twenty-one and paragraph two
 of subsection (z-1) of section four thousand three hundred three of  the
 insurance law; and
   (d)  the  alternative  medically  viable  methods of treating prostate
 cancer, including but not limited to hormonal, radiological, chemothera-
 peutic or surgical treatments, or combinations  thereof.  The  [summary]
 EDUCATIONAL  PAMPHLET  shall contain information on prostate post-treat-
 ment risks and other pertinent information to aid a person in deciding a
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07206-03-3
 A. 6314                             2
              

 
 course of treatment. The [summary] EDUCATIONAL PAMPHLET shall be updated
 as is necessary.
   2.  The [summary] EDUCATIONAL PAMPHLET shall be provided to any health
 care provider or practitioner providing medical treatment to  adult  men
 WITH  A  PROSTATE  without  charge or fee for distribution in accordance
 with subdivision three of this section.
   3. The [standardized written summary]  EDUCATIONAL  PAMPHLET  provided
 for  by subdivision one of this section may be provided by a health care
 provider to [each person] ADULT MEN WITH A PROSTATE  under  his  or  her
 care  [who].  HEALTH CARE PROVIDERS MAY PROVIDE TO AND DISCUSS WITH EACH
 ADULT MAN WITH A PROSTATE UNDER HIS OR HER CARE THE EDUCATIONAL PAMPHLET
 WHERE SUCH ADULT MAN WITH A PROSTATE is or may be at risk  for  prostate
 cancer  or  who  has been diagnosed to be afflicted with prostate cancer
 upon said diagnosis, or as soon thereafter as practicable.  THE INFORMA-
 TIONAL 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.
   4. Nothing in this section shall be construed to  create  a  cause  of
 action  for lack of informed consent in any instance in which such cause
 of action would be limited by section  twenty-eight  hundred  five-d  of
 this chapter.
   [5.  The commissioner shall have the written summary, required by this
 section, completed and prepared for distribution on  or  before  January
 first, nineteen hundred ninety-eight.]
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.