S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8811
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 29, 2017
                                ___________
 
 Introduced  by  M. of A. COOK -- read once and referred to the Committee
   on Health
 
 AN ACT to authorize and direct the commissioner of health  to  designate
   HTLV-1  and  HTLV-2  communicable  diseases;  and  to amend the public
   health law, in relation to the HTLV-1 and HTLV-2 viruses

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  commissioner  of  health  is  hereby  authorized and
 directed to include HTLV-1  and  HTLV-2  in  the  list  of  communicable
 diseases in the New York state sanitary code.
   §  2.  Article  21 of the public health law is amended by adding a new
 title 8 to read as follows:
                                TITLE VIII
                             HTLV-1 AND HTLV-2
 SECTION 2180. HTLV-1 AND HTLV-2; DUTY TO REPORT.
         2181. HTLV-1 AND HTLV-2; EDUCATIONAL MATERIALS.
         2182. RULES AND REGULATIONS.
   § 2180. HTLV-1 AND HTLV-2; DUTY TO REPORT. 1. EVERY PHYSICIAN OR OTHER
 PERSON AUTHORIZED BY LAW TO ORDER DIAGNOSTIC TESTS  OR  MAKE  A  MEDICAL
 DIAGNOSIS,  OR  ANY  LABORATORY  PERFORMING SUCH TESTS SHALL IMMEDIATELY
 UPON (A) DETERMINATION THAT A PERSON IS INFECTED WITH HTLV-1 OR  HTLV-2,
 AND (B) PERIODIC MONITORING OF HTLV-1 AND HTLV-2 INFECTIONS BY ANY LABO-
 RATORY  TESTS  REPORT SUCH CASE OR DATA TO THE COMMISSIONER WITHIN TWEN-
 TY-FOUR HOURS FROM THE TIME THE  CASE  IS  FIRST  SEEN.  IF  A  CORONER,
 PATHOLOGIST,  MEDICAL  EXAMINER, OR OTHER PERSON QUALIFIED TO CONDUCT AN
 EXAMINATION OF A DECEASED PERSON DISCOVERS THAT AT THE TIME OF DEATH THE
 INDIVIDUAL WAS AFFLICTED WITH HTLV-1 OR HTLV-2, HE OR SHE  SHALL  REPORT
 THE  CASE WITHIN TWENTY-FOUR HOURS TO THE COMMISSIONER AS IF THE DIAGNO-
 SIS HAD BEEN ESTABLISHED PRIOR TO DEATH.
   2. REPORTS REQUIRED UNDER THIS SECTION SHALL CONTAIN SUCH  INFORMATION
 CONCERNING  THE  CASE  AS  SHALL  BE REQUIRED BY THE COMMISSIONER. THESE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10321-01-7

 A. 8811                             2
 
 REPORTS SHALL CONTAIN, BUT NEED NOT BE LIMITED TO, ALL MEDICAL  INFORMA-
 TION  REQUIRED  TO  ESTABLISH ACCURATE NUMBERS FOR STATEWIDE PREVALENCE,
 RATES OF ANNUAL INCIDENCE, AND MORBIDITY AND MORTALITY RATES.
   3.  ALL  REPORTS  OR  INFORMATION  SECURED BY THE DEPARTMENT UNDER THE
 PROVISIONS OF THIS TITLE SHALL BE CONFIDENTIAL EXCEPT: (A) IN SO FAR  AS
 IS NECESSARY TO CARRY OUT THE PROVISIONS OF THIS TITLE; (B) WHEN USED IN
 THE  AGGREGATE,  WITHOUT  PATIENT  SPECIFIC  IDENTIFYING INFORMATION, IN
 PROGRAMS APPROVED BY THE COMMISSIONER FOR THE IMPROVEMENT OF THE QUALITY
 OF MEDICAL CARE PROVIDED TO PERSONS WITH HTLV-1 OR HTLV-2; (C) WHEN USED
 WITHIN THE STATE OR LOCAL HEALTH DEPARTMENT  BY  PUBLIC  HEALTH  DISEASE
 PROGRAMS  TO  ASSESS  CO-MORBIDITY  OR  COMPLETENESS OF REPORTING AND TO
 DIRECT PROGRAM NEEDS, IN WHICH CASE PATIENT SPECIFIC IDENTIFYING  INFOR-
 MATION  SHALL NOT BE DISCLOSED OUTSIDE THE STATE OR LOCAL HEALTH DEPART-
 MENT; OR (D) WHEN USED FOR PURPOSES OF PATIENT LINKAGE AND RETENTION  IN
 CARE,  PATIENT  SPECIFIC  IDENTIFIED  INFORMATION  MAY BE SHARED BETWEEN
 LOCAL AND STATE HEALTH DEPARTMENTS AND HEALTH CARE  PROVIDERS  CURRENTLY
 TREATING THE PATIENT AS APPROVED BY THE COMMISSIONER.
   §  2181. HTLV-1 AND HTLV-2; EDUCATIONAL MATERIALS. 1. THE COMMISSIONER
 SHALL DEVELOP, PRODUCE AND MAKE AVAILABLE TO  PHYSICIANS,  OTHER  HEALTH
 CARE  PROVIDERS,  AND  OTHER  PERSONS AT HIGH RISK FOR HTLV-1 AND HTLV-2
 EDUCATIONAL MATERIALS, IN WRITTEN AND ELECTRONIC FORMS, ON  THE  DIAGNO-
 SIS,  TREATMENT  AND  PREVENTION  OF HTLV-1 AND HTLV-2.   SUCH MATERIALS
 SHALL BE WRITTEN IN TERMS WHICH ARE UNDERSTANDABLE  BY  MEMBERS  OF  THE
 GENERAL  PUBLIC. SUCH MATERIALS SHALL INCLUDE INFORMATION AND ASSISTANCE
 ON WHERE TO FIND COMMUNITY SUPPORT SERVICES,  SUPPORT  GROUPS,  RESPITE,
 AND  CARE  MANAGEMENT.  IN  INSTANCES IN WHICH VIRAL TYPING IS POSSIBLE,
 THESE  MATERIALS  SHALL  DIRECT  TO  VIRUS  SPECIFIC  COMMUNITY  SUPPORT
 SERVICES,  SUPPORT  GROUPS,  RESPITE,  AND CARE MANAGEMENT AS HTLV-1 AND
 HTLV-2 ARE TWO DIFFERENT RETROVIRUSES WITH DIFFERING EPIDEMIOLOGIES  AND
 DISEASE  ASSOCIATIONS  REQUIRING  SPECIFIC  RECOMMENDATIONS  FOR PERSONS
 INFECTED WITH HTLV-1 OR HTLV-2.
   2. THESE MATERIALS SHALL BE MADE  AVAILABLE  TO  THE  PUBLIC  FREE  OF
 CHARGE. THE COMMISSIONER SHALL MAKE THESE MATERIALS AVAILABLE TO CLINICS
 THAT  SPECIALIZE  IN  SEXUALLY TRANSMITTED DISEASES, HEALTH CARE FACILI-
 TIES, AND DEPARTMENT OF CORRECTIONS AND  COMMUNITY  SUPERVISION  FACILI-
 TIES.
   3.  THE  COMMISSIONER  SHALL ENSURE THAT ALL INFORMATION AND MATERIALS
 PRODUCED UNDER THIS SECTION ARE MAINTAINED AND UPDATED TO  REFLECT  BEST
 PRACTICE RECOMMENDATIONS AND ARE CULTURALLY AND LINGUISTICALLY APPROPRI-
 ATE FOR THE COMMUNITIES THE MATERIALS ARE MADE AVAILABLE TO. THE DEPART-
 MENT SHALL POST THE SAME INFORMATION ON ITS WEBSITE.
   §  2182. RULES AND REGULATIONS. THE COMMISSIONER SHALL PROMULGATE SUCH
 RULES AND REGULATIONS AS SHALL BE NECESSARY AND PROPER TO EFFECTUATE THE
 PURPOSES OF THIS TITLE.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided that,  effective  immediately,  the
 addition,  amendment,  and/or repeal of any rules and regulations neces-
 sary to implement the provisions of this act on its effective  date  are
 authorized  and  directed  to  be  completed on or before such effective
 date.