S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3298--A
                                                         Cal. No. 121
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2021
                                ___________
 
 Introduced  by  M.  of  A. EPSTEIN, SEAWRIGHT, SAYEGH, McDONOUGH, ASHBY,
   GOTTFRIED, L. ROSENTHAL, McDONALD, SILLITTI, DURSO, ZINERMAN, OTIS  --
   read  once  and  referred  to  the Committee on Health -- ordered to a
   third reading -- passed by  Assembly  and  delivered  to  the  Senate,
   recalled  from  the  Senate,  vote reconsidered, bill amended, ordered
   reprinted, retaining its place on the special order of third reading
 
 AN ACT to amend the  public  health  law,  in  relation  to  information
   provided to patients regarding sudden unexpected death in epilepsy
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited  as  the  "Natasha
 Gembka SUDEP Awareness Act."
   § 2. Subdivision 2 of section 2995 of the public health law is amended
 by adding two new paragraphs (f) and (g) to read as follows:
   (F)  "HEALTH  CARE PRACTITIONER" SHALL MEAN A PHYSICIAN, NURSE PRACTI-
 TIONER, OR PHYSICIAN ASSISTANT LICENSED OR CERTIFIED PURSUANT  TO  TITLE
 EIGHT OF THE EDUCATION LAW.
   (G)  "SUDDEN  UNEXPECTED  DEATH  IN EPILEPSY" SHALL MEAN SUDDEN, UNEX-
 PECTED DEATH IN PATIENTS WITH EPILEPSY, WITH OR WITHOUT  EVIDENCE  OF  A
 SEIZURE.
   § 3. The public health law is amended by adding a new section 2997-f-1
 to read as follows:
   §  2997-F-1.  PROVISION  OF  INFORMATION RELATING TO SUDDEN UNEXPECTED
 DEATH IN EPILEPSY. 1. ANY HEALTH CARE PRACTITIONER  WHO  IS  TREATING  A
 PATIENT  DIAGNOSED  WITH  EPILEPSY AND AT ELEVATED RISK FOR SUDDEN UNEX-
 PECTED DEATH IN EPILEPSY, WHO HAS PRIMARY RESPONSIBILITY FOR THE  TREAT-
 MENT  AND  CARE  OF  THE  PATIENT FOR EPILEPSY, OTHER THAN A HEALTH CARE
 PRACTITIONER TREATING SUCH PATIENT  IN  AN  EMERGENCY  SITUATION,  SHALL
 PROVIDE SUCH PATIENT WITH THE FOLLOWING WRITTEN INFORMATION:
   (A)  CURRENT  AND  EVIDENCE-BASED  INFORMATION ABOUT SUDDEN UNEXPECTED
 DEATH IN EPILEPSY RISK FACTORS AND CONDITIONS REVIEWED AND  APPROVED  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01948-05-2
 A. 3298--A                          2
 
 ONE  OR MORE PROFESSIONAL NOT-FOR-PROFIT ORGANIZATIONS WITH EXPERTISE IN
 NEUROLOGY AND EPILEPSY; AND
   (B)  CONTACT  INFORMATION  FOR  NONPROFIT  ORGANIZATIONS  THAT PROVIDE
 INFORMATION AND SUPPORT SERVICES FOR EPILEPSY CONDITIONS.
   2.(A) THE COMMISSIONER SHALL PROVIDE  WRITTEN  INFORMATION  TO  HEALTH
 CARE  PRACTITIONERS  NECESSARY  TO  IMPLEMENT  SUBDIVISION  ONE  OF THIS
 SECTION, AND SHALL POST SUCH INFORMATION ON THE DEPARTMENT'S WEBSITE.
   (B) THE COMMISSIONER SHALL ENSURE THAT SUCH INFORMATION IS  CULTURALLY
 AND LINGUISTICALLY APPROPRIATE FOR ALL RECIPIENTS.
   (C)  ANY  LOCAL  OR  NATIONAL  ORGANIZATION THAT PROVIDES EDUCATION OR
 SERVICES RELATED TO EPILEPSY CONDITIONS MAY REQUEST THAT THE COMMISSION-
 ER INCLUDE SUCH ORGANIZATION'S INFORMATIONAL MATERIAL AND CONTACT INFOR-
 MATION ON THE DEPARTMENT'S WEBSITE. ONCE SUCH A  REQUEST  IS  MADE,  THE
 COMMISSIONER  MAY ADD THE INFORMATION TO THE DEPARTMENT'S WEBSITE AT HIS
 OR HER DISCRETION.
   (D) THE COMMISSIONER SHALL, IN CONSULTATION WITH  LOCAL  AND  NATIONAL
 ORGANIZATIONS  THAT  PROVIDE  EDUCATION  OR SERVICES RELATED TO EPILEPSY
 CONDITIONS, PROVIDE GUIDANCE TO  HEALTH  CARE  PRACTITIONERS  TO  ASSIST
 HEALTH  CARE  PRACTITIONERS  IN  DETERMINING  WHETHER  A  PATIENT  IS AT
 ELEVATED RISK FOR SUDDEN UNEXPECTED DEATH IN EPILEPSY, INCLUDING BUT NOT
 LIMITED TO,  WHETHER  THE  PATIENT  HAS  HAD  CONVULSIVE  SEIZURES,  THE
 FREQUENCY  AND RECENCY OF SUCH SEIZURES, AND WHETHER THE PATIENT'S SYMP-
 TOMS HAVE SUBSIDED IN RESPONSE TO MEDICINAL OR SURGICAL TREATMENT.
   3. A HEALTH CARE PRACTITIONER FOUND TO BE IN VIOLATION OF THIS SECTION
 SHALL BE ISSUED A WARNING AND SHALL SUFFER NO FURTHER CIVIL  PENALTY  OR
 DISCIPLINE ON ANY FIRST OFFENSE, PROVIDED SUCH VIOLATION WAS NOT COMMIT-
 TED WILLFULLY AND KNOWINGLY.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.