Bill Text: NY A10535 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires the New York state cancer services program to provide various cancer screenings and diagnostic services at no cost to certain persons and to provide informational pamphlets on such cancers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-07-06 - referred to health [A10535 Detail]
Download: New_York-2021-A10535-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10535 IN ASSEMBLY July 6, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Solages) -- read once and referred to the Committee 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: 1 Section 1. Subdivision 2 of section 2405 of the public health law, as 2 amended by section 2 of part A of chapter 109 of the laws of 2010, is 3 amended to read as follows: 4 2. The program shall include: 5 (a) establishment of a statewide public education and outreach 6 campaign to publicize evidence based cancer detection and education 7 services, such campaign shall include: general community education, 8 outreach to specific underserved populations, evidence based clinical 9 cancer screening services, and an informational summary that shall 10 include an explanation of the importance of clinical examinations and 11 what to expect during clinical examinations and cancer screening 12 services; 13 (b) provision of grants to approved organizations under section twen- 14 ty-four hundred six of this title; 15 (c) compilation of data concerning the cancer detection and education 16 program and dissemination of the data to the public; [and] 17 (d) development of professional education programs including the bene- 18 fits of early detection of cancer and clinical examinations, the recom- 19 mended frequency of clinical examinations and cancer screening services, 20 and professionally recognized best practices guidelines; 21 (e) a requirement of providing cancer screening and diagnostic 22 services for cancers including, but not limited to, breast cancer, 23 cervical cancer, colon cancer, prostate cancer, testicular cancer and 24 ovarian cancer; and EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15401-01-2A. 10535 2 1 (f) an informational pamphlet pertaining to breast cancer, cervical 2 cancer, colon cancer, prostate cancer, testicular cancer and ovarian 3 cancer including, but not limited to: information on early detections 4 and treatments of such cancers; contact information, including but not 5 limited to, the program's phone number, contact email, and website for 6 the purposes of the department educating patients; and a telephone 7 number for the office of professional medical conduct in the department 8 and the office of the professions in the department of education, at 9 which a patient may report any misconduct that the patient feels may 10 have occurred. The informational pamphlet shall be posted as a print- 11 able file on the department's internet website and may also be made 12 available for order as a printed deliverable on the department's inter- 13 net website. The informational pamphlet shall be written in layperson's 14 language and shall be made available in English and the six most common 15 non-English languages spoken by individuals with limited English profi- 16 ciency in New York state as based on the most recent census. 17 § 2. Section 2408 of the public health law, as amended by chapter 430 18 of the laws of 2005, is amended to read as follows: 19 § 2408. Annual report. The commissioner shall submit on or before 20 December first, an annual report to the governor and the legislature 21 concerning the operation of the breast [and], cervical, ovarian, colon, 22 prostate and testicular cancer detection and education program. 23 [Commencing in nineteen hundred ninety-five, such] Such reports shall 24 include the experience of the program in providing breast, cervical, 25 ovarian, colon, prostate and testicular cancer early detection and diag- 26 nostic services. The annual report shall include strategies for imple- 27 mentation of the breast, cervical, ovarian, colon, prostate and testicu- 28 lar cancer prevention plan and for promoting the plan to the general 29 public, state and local elected officials, and various public and 30 private organizations, associations, businesses, industries, and agen- 31 cies. Approved organizations shall provide such data and assessment as 32 the commissioner may require for such report. Such report shall also 33 include any recommendations for additional action to respond to the high 34 incidence of breast cancer in this state. 35 § 3. Section 2409 of the public health law, as added by chapter 300 of 36 the laws of 1995 and subdivisions 5 and 6 as renumbered by section 72 of 37 part D of chapter 60 of the laws of 2012, is amended to read as follows: 38 § 2409. [Ovarian] Breast, cervical, ovarian, colon, prostate and 39 testicular cancer information program. 1. There is hereby created within 40 the department the [ovarian] breast, cervical, ovarian, colon, prostate 41 and testicular cancer information program (referred to in this section 42 as the "program"), which shall provide information for consumers, 43 patients, and health care providers relating to breast, cervical, ovari- 44 an, colon, prostate and testicular cancer, including signs and symptoms, 45 risk factors, the benefits of early detection through appropriate diag- 46 nostic testing and treatment options. 47 2. The program [may] shall include but not be limited to the following 48 elements: 49 (a) educational and informational materials in print, audio, video, 50 electronic, or other media; 51 (b) public service announcements and advertisements; [and] 52 (c) establishment of toll-free telephone hotlines to provide informa- 53 tion; and 54 (d) an informational pamphlet pertaining to breast cancer, cervical 55 cancer, colon cancer, prostate cancer, testicular cancer and ovarian 56 cancer including, but not limited to: information on early detectionsA. 10535 3 1 and treatments of such cancers; contact information, including but not 2 limited to, the program's phone number, contact email, and website, for 3 the purposes of the department educating patients; and a telephone 4 number for the office of professional medical conduct in the department 5 and the office of the professions in the department of education, at 6 which a patient may report any misconduct that the patient feels may 7 have occurred. The informational pamphlet shall be posted as a print- 8 able file on the department's internet website and may also be made 9 available for order as a printed deliverable on the department's inter- 10 net website. The informational pamphlet shall be written in 11 layperson's language and shall be made available in English and the six 12 most common non-English languages spoken by individuals with limited 13 English proficiency in New York state as based on the most recent 14 census. 15 3. The department shall produce, make available to others for reprod- 16 uction, or contract with others to develop the materials mentioned in 17 this section as the commissioner deems appropriate. These materials 18 shall be made available to the public free of charge as appropriate or 19 for a fee under certain circumstances. The commissioner shall require, 20 where appropriate, health care providers to provide or make these mate- 21 rials available to patients. 22 4. In exercising any of his or her powers under this section, the 23 commissioner shall consult with appropriate health care professionals, 24 providers, consumers and patients, or organizations representing them. 25 5. In addition to any state funds appropriated for the program, the 26 commissioner may accept grants from public or private sources for the 27 program. The commissioner, in administering this section, shall seek to 28 coordinate the program with other public and private efforts, and may 29 undertake joint or cooperative programs with other public or private 30 entities. 31 6. The commissioner may make rules and regulations necessary and 32 appropriate for the implementation of this section. 33 § 4. Subdivisions 1 and 3 of section 2409-a of the public health law, 34 as amended by section 6 of part A of chapter 60 of the laws of 2014, are 35 amended to read as follows: 36 1. There is hereby established in the department the cancer detection 37 and education program advisory council, for the purpose of advising the 38 commissioner with regards to providing information to consumers, 39 patients, and health care providers relating, but not limited to, 40 breast, cervical, colon, prostate, testicular and ovarian cancer, 41 including signs and symptoms, risk factors, the benefits of prevention 42 and early detection, guideline concordant cancer screening and disease 43 management, options for diagnostic testing and treatment, new technolo- 44 gies, and survivorship. 45 3. The commissioner shall appoint twenty-one voting members, which 46 shall include representation of health care professionals, consumers, 47 patients, one voting member who shall be a person who has or has had 48 colon, prostate or testicular cancer, one voting member who shall be a 49 person who has or has had breast, cervical or ovarian cancer and other 50 appropriate interests reflective of the diversity of the state, with 51 expertise in breast, cervical, colon, prostate, testicular and/or ovari- 52 an cancer. The commissioner shall appoint one member as a chairperson. 53 The members of the council shall receive no compensation for their 54 services, but shall be allowed their actual and necessary expenses 55 incurred in performance of their duties.A. 10535 4 1 § 5. The sum of twenty-six million eight hundred thousand dollars 2 ($26,800,000), or so much thereof as may be necessary, is hereby appro- 3 priated to the New York state cancer services program out of any moneys 4 in the state treasury in the general fund to the credit of the depart- 5 ment of health, not otherwise appropriated, and made immediately avail- 6 able, for the purpose of carrying out the provisions of this act. Such 7 moneys shall be payable on the audit and warrant of the comptroller on 8 vouchers certified or approved by the commissioner of health in the 9 manner prescribed by law. 10 § 6. This act shall take effect on the ninetieth day after it shall 11 have become a law.
