§ 2401. Cancer; duty to report. 1. Every physician, dentist and other
health care provider shall give notice immediately but not later than
one hundred eighty days of every case of cancer or other malignant
disease coming under his or her care, to the department, except as
otherwise provided.

2. Whenever an examination of a tissue specimen in a laboratory
discloses the existence of cancer or other malignant disease, the person
in charge of such laboratory or the person making such examination shall
immediately but not later than one hundred eighty days report the same
together with all the facts in connection therewith to the department.

3. The person in charge of every cancer reporting facility shall
immediately but not later than one hundred eighty days give notice of
every case of cancer or malignant disease coming under the care of the
institution to the department.

4. All abstracting work performed by a cancer reporting facility
pursuant to the reporting provisions of this section shall be performed
by a certified tumor registrar. Cancer reporting facilities may
establish consortia to engage a certified tumor registrar to perform the
reporting requirements of this section. A "certified tumor registrar" is
an individual certified by a nationally recognized not-for-profit
organization which certifies tumor registrars. The provisions of this
subdivision shall not apply to any cancer reporting facility which
renders services for one hundred or fewer cases of cancer and malignant
disease per year as determined by the commissioner.

5. The department shall establish and update as necessary a manual
designating which specific data elements shall be reported to the
department pursuant to this section. The department shall make such
manual available to every cancer reporting facility, physician, dentist
and other health care provider required to comply with the provisions of
this section.

6. The department shall establish and update as necessary a data
dictionary to standardize information interpretation of data elements
reported by cancer reporting facilities and other health care providers.
The department shall make such dictionary available to every cancer
reporting facility, physician, dentist and other health care provider
required to comply with the provisions of this section.

7. The department shall, to the extent funds are made available,
establish or contract for regional training programs to provide training
to any cancer reporting facility, physician, dentist or other health
care provider required to comply with the provisions of this section.
Such regional training programs shall provide training relating to the
specific data elements which must be reported pursuant to this section,
the data dictionary established pursuant to this section, and any other
subjects which are intended to ensure quality, timely and complete
compliance with this section.

8. The department shall, meet cancer registry goals established by a
nationally recognized central cancer registry organization unless any
such goal is contrary to any provision of law.

9. Where a cancer reporting facility fails to comply with the
provisions of this section, the department may elect to perform registry
services for such facility. Such cancer reporting facility shall
reimburse the department for actual expenses incurred.

10. A physician, dentist, laboratory, cancer reporting facility or
other health care provider which violates any provision of this section
shall be subject to a civil penalty as provided in section twelve of
this chapter.

11. The notices required by this section shall be upon forms supplied
by the commissioner and shall contain such information as shall be
required by the commissioner.

12. For the purpose of this section, a "cancer reporting facility"
means a hospital as defined in article twenty-eight of this chapter,
clinic or any organization certified pursuant to article forty-four of
this chapter, or other similar public or private institution.

13. The commissioner shall have the power to promulgate any such rules
and regulations as shall be necessary and proper to effectuate the
purposes of this section.