NY State Senate Bill 2023-S5135A

Senate Bill S5135A

2023-2024 Legislative Session

Creates an educational pamphlet regarding the importance of prostate-specific antigen testing

download bill text pdf

Current Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to health
Mar 09, 2023	print number 5135a
Mar 09, 2023	amend (t) and recommit to health
Feb 23, 2023	referred to health

Bill Amendments

Original

A (Active)

2023-S5135 - Details

See Assembly Version of this Bill:: A6314
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2404-a, Pub Health L

2023-S5135 - Summary

Creates an educational pamphlet regarding the importance of prostate-specific antigen testing.

2023-S5135 - Sponsor Memo

                                 
BILL NUMBER: S5135

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to creating an educa-
tional program regarding the importance of prostate-specific antigen
testing

 
PURPOSE:

Creates an educational program regarding the importance of prostate-spe-
cific antigen testing.

 
SUMMARY OF PROVISIONS:

Section I Section 2404-a of the public health law, as amended by chapter
335 of the laws of 2018, is amended by establishing the development of
educational pamphlets relating to prostate cancer and screening.

 
JUSTIFICATION:

Prostate cancer is the second leading cause of cancer in men, according
to the American Cancer Society, with an estimated 288,300 new cases for
2023. A person with a prostate is at risk of developing prostate cancer,
but has a higher risk of developing prostate cancer when such person has
a family history. Lack of awareness and stigma contribute to patients'
reduced participation in screening for prostate cancer. Furthermore,
recent research by Leszczynski et. al.  (2022) suggests that COVID-19
has negatively impacted the diagnosis and treatment of prostate cancer,
contributing to a rise in new cases since the pandemic started. This
will be particularly impactful in communities of African descent (where
black men are 70% more likely to develop prostate cancer and more than
twice as likely to die from it), communities of Indigenous and Hispanic
descent (where American Indian, Alaska Native and Hispanic men are twice
as likely to develop prostate cancer), and communities of Asian descent
(where Asian American and Pacific Islanders are three times as likely to
develop prostate cancer), as reported by CA A Journal for Clinicians and
the National Institute for Cancer.The creation and distribution of
educational materials related to prostate-specific antigen screening can
combat these factors by allowing patients to make informed decisions
regarding their health, which can also save them money over the long
term.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5135 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5135
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee on Health
 
 AN ACT to amend the public health law, in relation to creating an educa-
   tional program regarding the importance of  prostate-specific  antigen
   testing

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 2404-a of the public  health  law,  as  amended  by
 chapter 335 of the laws of 2018, is amended to read as follows:
   §  2404-a.  Prostate  cancer; duty to inform; EDUCATIONAL PAMPHLET. 1.
 The commissioner shall develop a standardized written summary AND EDUCA-
 TIONAL PAMPHLET, in plain non-technical language,  which  shall  explain
 the following:
   (a) the symptoms and risk factors for prostate cancer;
   (b)  the available methods for the detection and diagnosis of prostate
 cancer, including information on the relative accuracy of the  available
 detection  and  diagnostic  techniques,  INCLUDING,  BUT NOT LIMITED TO,
 PROSTATE-SPECIFIC ANTIGEN TESTING;
   (c) the availability of insurance coverage  for  diagnostic  screening
 for prostate cancer without cost sharing pursuant to subparagraph (B) of
 paragraph  eleven-a  of  subsection  (i)  of  section three thousand two
 hundred sixteen, subparagraph (B) of paragraph  eleven-a  of  subsection
 (1)  of  section three thousand two hundred twenty-one and paragraph two
 of subsection (z-1) of section four thousand three hundred three of  the
 insurance law; and
   (d)  the  alternative  medically  viable  methods of treating prostate
 cancer, including but not limited to hormonal, radiological, chemothera-
 peutic or surgical treatments,  or  combinations  thereof.  The  summary
 shall  contain  information  on  prostate post-treatment risks and other
 pertinent information to aid a person in deciding a course of treatment.
 The summary shall be updated as is necessary.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07206-01-3

 S. 5135                             2
 
   2. The summary shall be provided to any health care provider or  prac-
 titioner  providing medical treatment to adult men without charge or fee
 for distribution in accordance with subdivision three of this section.
   3.  The standardized written summary AND EDUCATIONAL PAMPHLET provided
 for by subdivision one of this section may be provided by a health  care
 provider to each person under his or her care [who]. HEALTH CARE PROVID-
 ERS  SHALL PROVIDE TO AND DISCUSS WITH EACH PERSON UNDER HIS OR HER CARE
 THE STANDARDIZED WRITTEN SUMMARY AND  EDUCATIONAL  PAMPHLET  WHERE  SUCH
 PERSON  is  or  may be at risk for prostate cancer or who has been diag-
 nosed to be afflicted with prostate cancer upon said  diagnosis,  or  as
 soon  thereafter  as  practicable.    A  PERSON WITH A PROSTATE SHALL BE
 DEEMED AT RISK FOR PROSTATE CANCER WHEN SUCH PERSON HAS A FAMILY HISTORY
 OF PROSTATE CANCER.
   4. Nothing in this section shall be construed to  create  a  cause  of
 action  for lack of informed consent in any instance in which such cause
 of action would be limited by section  twenty-eight  hundred  five-d  of
 this chapter.
   5.  The  commissioner shall have the written summary, required by this
 section, completed and prepared for distribution on  or  before  January
 first, nineteen hundred ninety-eight.
   § 2. This act shall take effect immediately.

co-Sponsors

2023-S5135A (ACTIVE) - Details

See Assembly Version of this Bill:: A6314
Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Amd §2404-a, Pub Health L

2023-S5135A (ACTIVE) - Summary

Creates an educational pamphlet regarding the importance of prostate-specific antigen testing.

2023-S5135A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5135A

SPONSOR: PERSAUD
 
TITLE OF BILL:

An act to amend the public health law, in relation to creating an educa-
tional pamphlet regarding the importance of prostate-specific antigen
testing

 
PURPOSE:

Creates an educational program regarding the importance of prostate-spe-
cific antigen testing.

 
SUMMARY OF PROVISIONS:

Section I Section 2404-a of the public health law, as amended by, chap-
ter 335 of the laws of 2018, is amended by establishing the development
of educational pamphlets relating to prostate cancer and screening.

 
JUSTIFICATION:

Prostate cancer is the second leading cause of cancer in men, according
to the American Cancer Society, with an estimated 288,300 new cases for
2023. A person with a prostate is at risk of developing prostate cancer,
but has a higher risk of developing prostate cancer when such person has
a family history. Lack of awareness and stigma contribute to patients'
reduced participation in screening for prostate cancer. Furthermore,
recent research by Leszczynski et. al.  (2022) suggests that COVID-19
has negatively impacted the diagnosis and treatment of prostate cancer,
contributing to a rise in new cases since the pandemic started. This
will be particularly impactful in communities of African descent (where
black men are 70% more likely to develop prostate cancer and more than
twice as likely to die from it), communities of Indigenous and Hispanic
descent (where American Indian, Alaska Native and Hispanic men are twice
as likely to develop prostate cancer), and communities of Asian descent
(where Asian American and Pacific Islanders are three times as likely to
develop prostate cancer), as reported by CA A Journal for Clinicians and
the National Institute for Cancer.The creation and distribution of
educational materials related to pros tate-specific antigen screening
can combat these factors by allowing patients to make informed decisions
regarding their health, which can also save them money over the long
term.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5135A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5135--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed  to  the  Committee  on  Health  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the public health law, in relation to creating an educa-
   tional  pamphlet regarding the importance of prostate-specific antigen
   testing
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  2404-a  of  the public health law, as amended by
 chapter 335 of the laws of 2018, is amended to read as follows:
   § 2404-a. Prostate cancer; duty to inform;  EDUCATIONAL  PAMPHLET.  1.
 The  commissioner  shall  develop  [a  standardized  written summary] AN
 EDUCATIONAL PAMPHLET,  in  plain  non-technical  language,  which  shall
 explain the following:
   (a) the symptoms and risk factors for prostate cancer;
   (b)  the available methods for the detection and diagnosis of prostate
 cancer, including information on the relative accuracy of the  available
 detection  and  diagnostic  techniques,  INCLUDING,  BUT NOT LIMITED TO,
 PROSTATE-SPECIFIC ANTIGEN TESTING;
   (c) the availability of insurance coverage  for  diagnostic  screening
 for prostate cancer without cost sharing pursuant to subparagraph (B) of
 paragraph  eleven-a  of  subsection  (i)  of  section three thousand two
 hundred sixteen, subparagraph (B) of paragraph  eleven-a  of  subsection
 (1)  of  section three thousand two hundred twenty-one and paragraph two
 of subsection (z-1) of section four thousand three hundred three of  the
 insurance law; and
   (d)  the  alternative  medically  viable  methods of treating prostate
 cancer, including but not limited to hormonal, radiological, chemothera-
 peutic or surgical treatments, or combinations  thereof.  The  [summary]
 EDUCATIONAL  PAMPHLET  shall contain information on prostate post-treat-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07206-04-3

 S. 5135--A                          2
 
 ment risks and other pertinent information to aid a person in deciding a
 course of treatment. The [summary] EDUCATIONAL PAMPHLET shall be updated
 as is necessary.
   2.  The [summary] EDUCATIONAL PAMPHLET shall be provided to any health
 care provider or practitioner providing medical treatment to  adult  men
 WITH  A  PROSTATE  without  charge or fee for distribution in accordance
 with subdivision three of this section.
   3. The [standardized written summary]  EDUCATIONAL  PAMPHLET  provided
 for  by subdivision one of this section may be provided by a health care
 provider to [each person] ADULT MEN WITH A PROSTATE  under  his  or  her
 care  [who].  HEALTH CARE PROVIDERS MAY PROVIDE TO AND DISCUSS WITH EACH
 ADULT MAN WITH A PROSTATE UNDER HIS OR HER CARE THE EDUCATIONAL PAMPHLET
 WHERE SUCH ADULT MAN WITH A PROSTATE is or may be at risk  for  prostate
 cancer  or  who  has been diagnosed to be afflicted with prostate cancer
 upon said diagnosis, or as soon thereafter as practicable.  THE INFORMA-
 TIONAL PAMPHLET SHALL BE WRITTEN IN LAYPERSON'S LANGUAGE  AND  SHALL  BE
 MADE  AVAILABLE IN ENGLISH AND THE SIX MOST COMMON NON-ENGLISH LANGUAGES
 SPOKEN BY INDIVIDUALS WITH LIMITED ENGLISH PROFICIENCY IN NEW YORK STATE
 AS BASED ON THE MOST RECENT CENSUS.
   4. Nothing in this section shall be construed to  create  a  cause  of
 action  for lack of informed consent in any instance in which such cause
 of action would be limited by section  twenty-eight  hundred  five-d  of
 this chapter.
   [5.  The commissioner shall have the written summary, required by this
 section, completed and prepared for distribution on  or  before  January
 first, nineteen hundred ninety-eight.]
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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