S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   67--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by Sens. HOYLMAN, ADDABBO, BIAGGI, BRISPORT, CLEARE, COMRIE,
   COONEY, GRIFFO,  HARCKHAM,  JACKSON,  MANNION,  MAY,  MYRIE,  PALUMBO,
   RAMOS,  REICHLIN-MELNICK, RIVERA, SALAZAR, SAVINO, SEPULVEDA, SKOUFIS,
   STAVISKY -- read twice and ordered printed, and  when  printed  to  be
   committed  to  the Committee on Health -- recommitted to the Committee
   on Health in accordance with  Senate  Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01948-04-2
              

 S. 67--A                            2
 
 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
 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.