Bill Text: NY S05135 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Creates an educational pamphlet regarding the importance of prostate-specific antigen testing.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HEALTH [S05135 Detail]

Download: New_York-2023-S05135-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5135

                               2023-2024 Regular Sessions

                    IN SENATE

                                    February 23, 2023
                                       ___________

        Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health

        AN ACT to amend the public health law, in relation to creating an educa-
          tional program 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:

     1    Section 1. Section 2404-a of the public  health  law,  as  amended  by
     2  chapter 335 of the laws of 2018, is amended to read as follows:
     3    §  2404-a.  Prostate  cancer; duty to inform; educational pamphlet. 1.
     4  The commissioner shall develop a standardized written summary and educa-
     5  tional pamphlet, in plain non-technical language,  which  shall  explain
     6  the following:
     7    (a) the symptoms and risk factors for prostate cancer;
     8    (b)  the available methods for the detection and diagnosis of prostate
     9  cancer, including information on the relative accuracy of the  available
    10  detection  and  diagnostic  techniques,  including,  but not limited to,
    11  prostate-specific antigen testing;
    12    (c) the availability of insurance coverage  for  diagnostic  screening
    13  for prostate cancer without cost sharing pursuant to subparagraph (B) of
    14  paragraph  eleven-a  of  subsection  (i)  of  section three thousand two
    15  hundred sixteen, subparagraph (B) of paragraph  eleven-a  of  subsection
    16  (1)  of  section three thousand two hundred twenty-one and paragraph two
    17  of subsection (z-1) of section four thousand three hundred three of  the
    18  insurance law; and
    19    (d)  the  alternative  medically  viable  methods of treating prostate
    20  cancer, including but not limited to hormonal, radiological, chemothera-
    21  peutic or surgical treatments,  or  combinations  thereof.  The  summary
    22  shall  contain  information  on  prostate post-treatment risks and other
    23  pertinent information to aid a person in deciding a course of treatment.
    24  The summary shall be updated as is necessary.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07206-01-3
        S. 5135                             2

     1    2. The summary shall be provided to any health care provider or  prac-
     2  titioner  providing medical treatment to adult men without charge or fee
     3  for distribution in accordance with subdivision three of this section.
     4    3.  The standardized written summary and educational pamphlet provided
     5  for by subdivision one of this section may be provided by a health  care
     6  provider to each person under his or her care [who]. Health care provid-
     7  ers  shall provide to and discuss with each person under his or her care
     8  the standardized written summary and  educational  pamphlet  where  such
     9  person  is  or  may be at risk for prostate cancer or who has been diag-
    10  nosed to be afflicted with prostate cancer upon said  diagnosis,  or  as
    11  soon  thereafter  as  practicable.    A  person with a prostate shall be
    12  deemed at risk for prostate cancer when such person has a family history
    13  of prostate cancer.
    14    4. Nothing in this section shall be construed to  create  a  cause  of
    15  action  for lack of informed consent in any instance in which such cause
    16  of action would be limited by section  twenty-eight  hundred  five-d  of
    17  this chapter.
    18    5.  The  commissioner shall have the written summary, required by this
    19  section, completed and prepared for distribution on  or  before  January
    20  first, nineteen hundred ninety-eight.
    21    § 2. This act shall take effect immediately.