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This entry was published on 2024-11-29
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SECTION 207
Health care and wellness education and outreach program
Public Health (PBH) CHAPTER 45, ARTICLE 2, TITLE 1
§ 207. Health care and wellness education and outreach program. 1.
There is hereby created within the department the health care and
wellness education and outreach program. The department may conduct
education and outreach programs for consumers, patients, educators,
including but not limited to elementary and secondary school educators,
and health care providers relating to any health care matters the
commissioner deems appropriate and:

(a) Various health conditions, diseases and health care procedures and
treatment options, including but not limited to those for breast,
cervical, colorectal, prostate, testicular, skin, and ovarian cancer,
shaken baby syndrome, reflex sympathetic dystrophy syndrome and
post-polio sequelae.

(b) Recommended preventative and wellness practices and services,
including evidence based age and gender appropriate testing and
screening exams and immunization schedules.

(c) Lymphedema and lymphatic disease, an abnormal swelling of the
extremities including the causes, symptoms of primary lymphedema,
secondary lymphedema and lymphatic disease, prevention, early diagnosis,
options for treatment and therapy, long-term chronic care issues, the
value of early detection, possible options for treatment including their
benefits and risks, and other relevant information and the
recommendation that hospitals treating breast cancer patients implement
a lymphedema alert program by placing a bright pink wristband on the
patient's affected arm. Links to national lymphedema and lymphatic
disease organizations shall be provided as part of the informational
summary and electronically through the department's websites.

(d) The need for and importance of organ and tissue donation,
including living donation, including information about being registered
as an organ and tissue donor and executing documents of gift under
article forty-three of this chapter; and information to increase patient
understanding about the medical option of transplant and its
desirability. The department shall consult with the transplant council
on the production of any such information and ensure that such
information is culturally and linguistically appropriate for all
recipients.

(e) The commissioner shall establish a statewide advance care planning
campaign to:

(i) promote public awareness of hospice and palliative care services;
and palliative care options for patients with a terminal illness or
condition;

(ii) inform the public of the importance of advance care planning and
the individual's right to direct and participate in health care
decisions affecting the individual;

(iii) educate individuals on the tools available to ensure their
health care decisions are honored; and

(iv) the need and importance for consumers and patients to have an
advance directive, particularly a health care proxy, and the need and
importance for health care providers to play a leadership role in
discussing end-of-life care preferences and values with patients and to
provide patients with health care proxy forms.

(f) Uterine fibroids, an abnormal growth that occurs in the uterus,
including the causes and symptoms of uterine fibroids, the value of
early detection, possible options for treatment including their benefits
and risks, information on the elevated risk for minority women and other
relevant information.

(g) Improving birth outcomes, including the importance of
preconceptional care, early prenatal care, considerations of health
risks during pregnancy, considerations of benefits and risks of labor
and delivery options including, but not limited to, vaginal and cesarean
section delivery, elective or repeat cesarean sections, and appropriate
use of drugs during delivery. There shall also be education and outreach
concerning spina bifida, a permanently disabling birth defect occurring
at the end of the first month of pregnancy which involves the incomplete
development of the spinal cord or its coverings, and the importance of
encouraging all women in their child-bearing years to increase their
folic acid intake in order to reduce the incidence of spina bifida.

(i) About the short term and long term adverse health risks to adults
and children who become overweight, obese or underweight. The
information shall include, but need not be limited to providing
citations to the department's website, as well as any other websites
providing information on the subject.

* (j) Maternal depression, including information about education,
screening, referral services, and possible options for treatment.

* NB There are 2 par (j)'s

* (j) The eating disorders awareness and prevention program shall be
designed to promote the awareness of eating disorders and available
services, as well as to prevent and reduce the incidence and prevalence
of eating disorders, especially among children and adolescents.

* NB There are 2 par (j)'s

* (k) Donating umbilical cord blood to a public cord blood bank.

* NB There are 3 par (k)'s

* (k) The availability of individual, family and group counseling
programs, education programs, and advocacy services provided at no cost
by governmental agencies and not-for-profit organizations for victims of
any sexual offense which constitutes a crime and for victims of child
pornography promotion or possession.

* NB There are 3 par (k)'s

* (k) The physical, sexual and psychological consequences of
undergoing female genital mutilation, including the practice of
"vacation cutting" whereby girls are sent out of state or the country to
undergo female genital mutilation, typically during school vacations.

* NB There are 3 par (k)'s

(l) The dangers of women's cancers, including ways to prevent and
severity of such diseases. For purposes of this paragraph, women's
cancers shall mean and include: cervical, endometrial, gestational
trophoblastic tumor, ovarian, uterine sarcoma, vaginal, and vulvar.

* (m) A Lyme disease and tick-borne infection awareness and prevention
program designed to promote the awareness and prevention methods against
Lyme disease and tick-borne infections. Such information shall include
but not be limited to guidelines and methods of prevention, including
the safe use of recommended insect repellents, the best practices for
tick removal, recommendations for the reduction of exposure to ticks and
appropriate course of action once a tick is removed from the body.

* NB There are 3 par (m)'s

* (m) The department shall conduct such a program relating to breast
density, which shall include, but not be limited to, educational
information regarding the meaning and potential health consequences of
having dense breast tissue, the impact of dense breast tissue on
mammographic screening for breast cancer and supplemental breast cancer
screening techniques, and provide access to other educational websites
regarding dense breast tissue and literature regarding risk factors.

* NB There are 3 par (m)'s

* (m) Lupus, a debilitating autoimmune disease that can cause
inflammation and tissue damage to virtually any organ system in the
body, including the skin, joints, other connective tissue, blood and
blood vessels, heart, lung, kidney and brain, and which affects women,
particularly women of color, in a disproportionate manner; provided that
the program shall include an advisory council under this section that
shall include representatives of people with lupus and their families
and health care providers who specialize in treating lupus, among
others.

* NB There are 3 par (m)'s

(n) Pediatric acute-onset neuropsychiatric syndrome, a clinical
diagnosis given to children who have a sudden and dramatic onset of
neuropsychiatric symptoms including obsessive compulsive disorder and/or
eating disorder, and which may cause affected children to become moody,
irritable and anxious, and to have difficulty with schoolwork. Provided
that such program shall include an advisory council under this section
that shall include representatives of people with pediatric acute-onset
neuropsychiatric syndrome and their families and health care providers
who specialize in treating such syndrome, among others.

(o) For women who may become pregnant, expectant parents and parents
of infants, information regarding:

(i) the incidence of cytomegalovirus;

(ii) the transmission and risks of cytomegalovirus to pregnant women
and women who may become pregnant;

(iii) birth defects caused by congenital cytomegalovirus;

(iv) methods of diagnosing congenital cytomegalovirus;

(v) the available preventive measures to avoid the infection of women
who are pregnant or may become pregnant; and

(vi) available methods of treating cytomegalovirus and resources
available for families of children born with cytomegalovirus.

* (p) Reproductive health conditions that affect female fertility,
including but not limited to polycystic ovary syndrome, endometriosis,
and pelvic inflammatory disease.

* NB There are 3 par (p)'s

* (p) Postnatal donation of tissue and fluids.

* NB There are 3 par (p)'s

* (p) Preeclampsia, including information about detection, risk
factors and management, and possible options for treatment.

* NB There are 3 par (p)'s

(q) Myalgic encephalomyelitis/chronic fatigue syndrome ("ME/CFS"), a
multi-system disease associated with neurological, immunological and
energy metabolism impairment characterized by long-standing and
debilitating fatigue.

* (r) For those who are experiencing pregnancy loss or infant loss,
which shall for the purposes of this paragraph include but not be
limited to, miscarriage, stillbirth, or termination for medical reasons,
information regarding:

(i) the potential mental and physical impact from such loss; and

(ii) resources for support and follow-up care.

* NB There are 4 par (r)'s

* (r) The physical, sexual, and psychological impact of medical
procedures performed on intersex individuals, including those who have
not themselves consented to the procedure; provided that the department
shall consult with appropriate stakeholders, including, but not limited
to intersex persons, intersex-led organizations, and their chosen
advocates, while developing this outreach program.

* NB There are 4 par (r)'s

* (r) Sickle cell disease including but not limited to screening,
prevention, and treatment information. The department, through the
health equity council pursuant to section two hundred forty-three of
this article, or a successor council, shall consult with patients with
sickle cell disease and their families and health care providers
specializing in treating sickle cell disease, among others, in the
production of any such information.

* NB There are 4 par (r)'s

* (r) Alzheimer's disease and other related dementias; including
identification of dementia in health care facilities including but not
limited to hospitals, nursing homes, clinics and assisted living
facilities; community support services, including caregiver support
groups and services, respite, and care management; and resources and
information concerning Alzheimer's disease and any other dementia
related matters that the commissioner and director of the office for the
aging deem appropriate.

* NB There are 4 par (r)'s

* NB Effective May 21, 2025

* (s) Promoting public awareness of the dangers of fatal and non-fatal
drowning, including but not limited to the unique risk factors and
exposures associated with infant and early drowning, childhood and
teenage drowning and adult drowning, the disparate risk of drowning in
disadvantaged communities identified pursuant to section 75-0111 of the
environmental conservation law and with individuals with a mental
disability as defined by subdivision three of section 1.03 of the mental
hygiene law, and methods to reduce the risks of drowning, including but
not limited to water safety instruction, swim lessons, and awareness of
water based risks.

* NB There are 2 par (s)'s

* NB Effective June 1, 2025

* (s) The importance of good oral health, including but not limited
to, the impact of oral disease, causes of oral disease and its
prevention, oral health across the lifespan, the total body connection,
the value of early detection and the availability of oral health
services in the community.

* NB There are 2 par (s)'s

* NB Effective January 21, 2025

2. Programs under this section, dealing with one or more subjects, may
include but not be limited to any of the following elements:

(a) educational and informational materials in print, audio, visual,
electronic or other media;

(b) public service announcements and advertisements; and

(c) establishment of toll-free telephone hotlines and electronic
services to provide information.

3. The department may produce, make available to others for
reproduction, or contract with others to develop such materials
mentioned in this section as the commissioner deems appropriate. These
materials shall be made available to the public and to educators,
including but not limited to elementary and secondary school educators
free of charge as appropriate or for a fee under certain circumstances.
The commissioner may require where appropriate any health care provider
to make these materials available to patients.

4. In exercising any of his or her powers under this section, the
commissioner may consult with appropriate health care professionals,
providers, consumers, educators and patients or organizations
representing them.

5. The commissioner shall ensure that all information and materials
produced pursuant to this section are maintained and updated to reflect
best practice recommendations.

6. The commissioner may appoint as appropriate advisory councils
relating to various matters that are or are proposed to be the subjects
of programs under this section. All such councils shall include
representation of health care professionals, providers, educators,
consumers, patients and other appropriate interests. The members of the
councils shall receive no compensation for their services, but shall be
allowed their actual and necessary expenses incurred in performance of
their duties.

7. In addition to state funds appropriated for programs under this
section, the commissioner may accept grants from public or private
sources for these programs. The commissioner, in administering this
section, shall seek to coordinate the department's programs with other
public and private programs, and may undertake joint or cooperative
programs with other public or private entities, including making grants
(within amounts appropriated therefor and consistent with applicable
law) to public or not-for-profit entities.

8. The commissioner may make rules and regulations necessary and
appropriate for implementation of this section.