Bill Text: NY A05599 | 2011-2012 | General Assembly | Introduced
Bill Title: 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, and requires 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.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2012-01-04 - referred to aging [A05599 Detail]
Download: New_York-2011-A05599-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5599 2011-2012 Regular Sessions I N A S S E M B L Y February 23, 2011 ___________ Introduced by M. of A. MENG, PHEFFER, KAVANAGH, ROBINSON, COOK, JAFFEE, ROSENTHAL -- Multi-Sponsored by -- M. of A. ABBATE, BRENNAN, BROOK-KRASNY, GABRYSZAK, McENENY, J. RIVERA, SCARBOROUGH, WEISENBERG -- read once and referred to the Committee on Aging 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: 1 Section 1. The public health law is amended by adding two new sections 2 2010 and 2011 to read as follows: 3 S 2010. ALZHEIMER'S AND DEMENTIA LOCATOR TECHNOLOGY INFORMATION. 1. 4 THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR THE AGING, THE 5 DEPARTMENT OF SOCIAL SERVICES AND THE STATE POLICE, SHALL DEVELOP AND 6 MAINTAIN A COMPREHENSIVE LIST OF BUSINESSES AND OTHER ENTITIES THAT 7 MANUFACTURE, DISTRIBUTE OR OTHERWISE OFFER LOCATOR TECHNOLOGY OR 8 SERVICES DESIGNED TO ASSIST IN THE EXPEDITED LOCATION OF INDIVIDUALS 9 AFFLICTED WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME LOST OR DISO- 10 RIENTED. THE DEPARTMENT SHALL NOTIFY ALL PHYSICIANS LICENSED TO PRACTICE 11 IN THIS STATE OF THE EXISTENCE OF THE LIST AND SHALL MAKE THE LIST 12 AVAILABLE TO THE GENERAL PUBLIC THROUGH THE DEPARTMENT'S WEBSITE. THE 13 LIST SHALL BE UPDATED BY THE DEPARTMENT ON AT LEAST A SEMI-ANNUAL BASIS, 14 AND MAY BE MAINTAINED ON OR CONNECTED TO THE WEBSITES OF OTHER STATE 15 OFFICES, INCLUDING THOSE MAINTAINED BY THE OFFICE FOR THE AGING, THE 16 DEPARTMENT OF SOCIAL SERVICES, THE STATE POLICE AND THE DEPARTMENT OF 17 MENTAL HEALTH. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05572-01-1 A. 5599 2 1 2. AS USED IN THIS SECTION "LOCATOR TECHNOLOGY" MEANS ANY PRODUCT, 2 PROGRAM OR SYSTEM USED TO ASSIST IN THE LOCATION AND IDENTIFICATION OF 3 LOST OR DISORIENTED PERSONS, AND INCLUDES BUT IS NOT LIMITED TO, RADIO 4 WRIST TRANSMITTER TRACKING SYSTEMS, SOFTWARE PROGRAMS, DATA BASES, AND 5 PRODUCTS CONTAINING IDENTIFYING INFORMATION, INCLUDING NECKLACES OR 6 BRACELETS. 7 3. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE 8 OR SHE DEEMS NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SECTION. 9 S 2011. PHYSICIANS AND FACILITIES; DUTY TO ADVISE OF LOCATOR TECHNOLO- 10 GY INFORMATION. 1. EFFECTIVE JANUARY FIRST, TWO THOUSAND TWELVE, EVERY 11 PHYSICIAN DIAGNOSING OR TREATING A PERSON WITH ALZHEIMER'S DISEASE OR 12 OTHER DEMENTIA, AND EVERY FACILITY CARING FOR SUCH PERSON SHALL ADVISE 13 EACH AFFLICTED PERSON AND SUCH PERSON'S FAMILY AND CAREGIVERS OF THE 14 AVAILABILITY OF TECHNOLOGY DESIGNED TO ASSIST IN THE EXPEDITED LOCATION 15 OF INDIVIDUALS AFFLICTED WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME 16 LOST OR DISORIENTED, AND OF THE LOCATOR TECHNOLOGY LIST MAINTAINED BY 17 THE DEPARTMENT PURSUANT TO SECTION TWO THOUSAND TEN OF THIS ARTICLE. 18 2. EACH PHYSICIAN DIAGNOSING OR TREATING A PERSON WITH ALZHEIMER'S 19 DISEASE, DEMENTIA OR TRAUMATIC BRAIN INJURY SHALL MAINTAIN IN THE 20 AFFLICTED PERSON'S MEDICAL RECORDS INFORMATION PERTAINING TO ANY LOCATOR 21 TECHNOLOGY UTILIZED BY SUCH PERSON, INCLUDING THE NATURE AND TYPE OF THE 22 TECHNOLOGY, THE APPROXIMATE DATE THE TECHNOLOGY WAS ACQUIRED, THE 23 MANUFACTURER'S NAME AND CONTACT INFORMATION, AND THE SERIAL NUMBER, IF 24 ANY, OF SUCH PRODUCT. NOTWITHSTANDING ANY PROVISION OF LAW TO THE 25 CONTRARY, ALL SUCH INFORMATION SHALL BE IMMEDIATELY DISCLOSED BY THE 26 PHYSICIAN TO THE STATE POLICE UPON REQUEST BY THE STATE POLICE IN THE 27 EVENT THE AFFLICTED PERSON IS REPORTED TO THE POLICE AS BEING LOST OR 28 MISSING; SUCH DISCLOSURE SHALL NOT CONSTITUTE A VIOLATION OF ANY FEDERAL 29 OR STATE STATUTES REGARDING THE CONFIDENTIALITY OF PATIENT MEDICAL 30 INFORMATION. 31 S 2. This act shall take effect on the first of January next succeed- 32 ing the date on which it shall have become a law, provided that the 33 department of health is immediately authorized and directed to take such 34 actions as are necessary to implement this act, including the promulga- 35 tion of rules in accordance with the state administrative procedure act, 36 on or before its effective date.