S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4596
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
   COOK, GALEF, GLICK, ORTIZ -- read once and referred to  the  Committee
   on Health
 
 AN ACT to amend the public health law and the environmental conservation
   law, in relation to reporting of pesticide poisonings

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of paragraph (t) of subdivision 5  of
 section  225 of the public health law is designated subparagraph (i) and
 a new subparagraph (ii) is added to read as follows:
   (II) NOTWITHSTANDING THE REQUIREMENTS  OF  SUBPARAGRAPH  (I)  OF  THIS
 PARAGRAPH,  EVERY  HEALTH  CARE PRACTITIONER LICENSED OR CERTIFIED UNDER
 TITLE EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER  LAWFUL  SCOPE
 OF  PRACTICE  IN  ATTENDANCE  WITH  A PERSON WITH CONFIRMED OR SUSPECTED
 PESTICIDE POISONING, OR CLINICAL  LABORATORY  TEST  RESULTS  WHICH  SHOW
 ABNORMALLY  DEPRESSED  CHOLINESTERASE  LEVELS  AND  ABNORMALLY  ELEVATED
 TISSUE LEVELS OF PESTICIDES, SHALL REPORT SUCH OCCURRENCE TO THE COMMIS-
 SIONER AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION  WITHIN  TWEN-
 TY-FOUR  HOURS,  INCLUDING THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE
 PERSON EXPOSED TO PESTICIDES; THE NATURE OF THE PESTICIDE EXPOSURE;  THE
 LOCATION WHERE THE EXPOSURE OCCURRED; THE NAME OF THE PESTICIDE APPLICA-
 TOR,  IF APPLICABLE, WHO APPLIED OR OTHERWISE HANDLED THE PESTICIDE; AND
 THE PESTICIDE IDENTIFIED OR SUSPECTED IN THE PESTICIDE POISONING OR TEST
 RESULTS. EVERY PERSON WITH CONFIRMED OR SUSPECTED PESTICIDE POISONING OR
 CLINICAL LABORATORY TEST RESULTS WHICH SHOW ABNORMALLY DEPRESSED  CHOLI-
 NESTERASE  LEVELS  AND  ABNORMALLY  ELEVATED TISSUE LEVELS OF PESTICIDES
 SHALL BE INFORMED BY THE HEALTH CARE PRACTITIONER LICENSED OR  CERTIFIED
 UNDER  TITLE  EIGHT OF THE EDUCATION LAW ACTING WITHIN HIS OR HER LAWFUL
 SCOPE OF PRACTICE, THAT ALL INFORMATION AND DATA FROM THE  DIAGNOSIS  OR
 TEST  RESULTS  WILL  BE  DISCLOSED  TO  THE  DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION. SUCH PERSON SHALL BE INFORMED THAT THEIR NAME, ADDRESS AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09050-01-9

 A. 4596                             2
 
 TELEPHONE NUMBER WILL BE KEPT CONFIDENTIAL, EXCEPT THAT HE  OR  SHE  MAY
 WAIVE THIS CONFIDENTIALITY IF THEY WISH. CONFIDENTIALITY OF THE PERSON'S
 NAME, ADDRESS AND TELEPHONE NUMBER SHALL BE THE SHARED RESPONSIBILITY OF
 THE  DEPARTMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, EXCEPT
 IF THE PERSON WAIVES THIS RIGHT.
   § 2. Section 71-2903 of the environmental conservation law is  amended
 by adding a new subdivision 3 to read as follows:
   3.  THE  COMMISSIONER, OR ANY AUTHORIZED DESIGNEE OF THE COMMISSIONER,
 SHALL IMMEDIATELY INVESTIGATE ALL REPORTS FROM THE DEPARTMENT OF HEALTH,
 PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH (T) OF  SUBDIVISION  FIVE  OF
 SECTION  TWO  HUNDRED TWENTY-FIVE OF THE PUBLIC HEALTH LAW, OF CONFIRMED
 OR SUSPECTED PESTICIDE POISONING OR  CLINICAL  LABORATORY  TEST  RESULTS
 WHICH   SHOW  ABNORMAL  DEPRESSED  CHOLINESTERASE  LEVELS  AND  ABNORMAL
 ELEVATED TISSUE LEVELS OF PESTICIDES. THE  COMMISSIONER  SHALL  ANNUALLY
 REPORT  IN  DETAIL  THE  RESULTS  OF SUCH INVESTIGATIONS OF CONFIRMED OR
 SUSPECTED INCIDENCE OF PESTICIDE POISONING AND RESULTS OF  ALL  CLINICAL
 LABORATORY  TEST  RESULTS WHICH SHOW ABNORMALLY DEPRESSED CHOLINESTERASE
 LEVELS AND ABNORMALLY ELEVATED TISSUE LEVELS  OF  PESTICIDES,  EXCLUDING
 ONLY  THE NAMES, ADDRESSES AND TELEPHONE NUMBERS  OF THE PERSONS EXPOSED
 TO PESTICIDES, UNLESS THIS RIGHT TO CONFIDENTIALITY HAS BEEN WAIVED,  TO
 THE  SPEAKER OF THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 CHAIRS OF THE SENATE AND ASSEMBLY ENVIRONMENTAL CONSERVATION AND  HEALTH
 COMMITTEES  AND  THE COMMISSIONER OF HEALTH BY JANUARY THIRTIETH FOR THE
 PREVIOUS CALENDAR YEAR. ALL INFORMATION AND DATA FROM COMPLETED INVESTI-
 GATIONS SHALL BE AVAILABLE TO THE PUBLIC THROUGH THE FREEDOM OF INFORMA-
 TION LAW, EXCEPT AS SUCH INFORMATION IS REQUIRED TO BE KEPT CONFIDENTIAL
 AND THAT CONFIDENTIALITY HAS NOT BEEN WAIVED.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.