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.