S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   375

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. DINOWITZ, PAULIN, JAFFEE, ROBINSON, MAISEL, STEV-
  ENSON,  MILLMAN,  GIBSON,  CRESPO, JOHNS, JACOBS, GALEF, WEPRIN, MOYA,
  HOOPER, ROSENTHAL -- Multi-Sponsored by -- M.  of  A.  BOYLAND,  COOK,
  ENGLEBRIGHT, MONTESANO, ORTIZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT to amend the public health law, in relation to requiring primary
  care physicians to post certain information detailing how  parents  or
  guardians  of  infants and children can subscribe to the United States
  consumer product safety commission's e-mail subscription lists

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Article 25 of the public health law is amended by adding a
new title 9 to read as follows:
                                TITLE IX
                     RECALL SUBSCRIPTION INFORMATION
SECTION 2599-E. PHYSICIAN POSTING OF RECALL SUBSCRIPTION INFORMATION.
  S 2599-E. PHYSICIAN POSTING OF RECALL SUBSCRIPTION INFORMATION.  1. AS
USED IN  THIS  SECTION,  "PRIMARY  CARE  PHYSICIAN"  MEANS  A  PHYSICIAN
SPECIALIST  IN THE FIELD OF FAMILY PRACTICE, GENERAL PEDIATRICS, PRIMARY
CARE INTERNAL MEDICINE OR PRIMARY CARE OBSTETRICS  AND  GYNECOLOGY,  WHO
PROVIDES COORDINATED PRIMARY CARE SERVICES.
  2.  THE  COMMISSIONER  SHALL REQUIRE THAT EVERY PRIMARY CARE PHYSICIAN
POST IN A PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS,  ADJACENT  TO
OR  NEAR THE LOCATION SUCH PRIMARY CARE PHYSICIAN HAS DESIGNATED FOR THE
RECEIPT OF PAYMENT,  AN  INFORMATIONAL  NOTICE.  SUCH  NOTICE  SHALL  BE
DESIGNED  BY THE COMMISSIONER IN CONJUNCTION WITH THE SECRETARY OF STATE
AND SHALL CONTAIN INFORMATION DETAILING  HOW  PARENTS  OR  GUARDIANS  OF
INFANTS AND CHILDREN CAN SUBSCRIBE TO THE UNITED STATES CONSUMER PRODUCT
SAFETY  COMMISSION'S E-MAIL SUBSCRIPTION LISTS TO RECEIVE CONSUMER PROD-
UCT RECALL AND SAFETY NEWS BY E-MAIL FROM  THE  UNITED  STATES  CONSUMER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD03087-01-3

A. 375                              2

PRODUCT  SAFETY COMMISSION AND SUCH OTHER MATERIAL AS DEEMED APPROPRIATE
BY THE COMMISSIONER. SUCH NOTICE SHALL BE MADE AVAILABLE TO PRIMARY CARE
PHYSICIANS BY THE DEPARTMENT ON ITS WEBSITE AND  SHALL  BE  PROVIDED  IN
ENGLISH,  AS  WELL  AS  IN  THE  SIX  LANGUAGES  OTHER THAN ENGLISH MOST
FREQUENTLY SPOKEN IN THE STATE ACCORDING TO THE  LATEST  AVAILABLE  DATA
FROM  THE  UNITED  STATES  CENSUS BUREAU AND UPON REQUEST FROM A PRIMARY
CARE PHYSICIAN, ANY OTHER LANGUAGE SPOKEN BY  A  SIGNIFICANT  NUMBER  OF
PEOPLE  WITHIN  THE  COMMUNITY SERVED BY SUCH PRIMARY CARE PHYSICIAN.  A
PRIMARY CARE PHYSICIAN SHALL POST SUCH NOTICE  IN  ENGLISH  AND  IN  ANY
OTHER LANGUAGE SPOKEN BY SIGNIFICANT NUMBERS OF PEOPLE WITHIN THE COMMU-
NITY HE OR SHE SERVES.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized  and directed to be made and completed by the commissioner of
health on or before such effective date.