Legislation
SECTION 2411
Powers and duties of the board
Public Health (PBH) CHAPTER 45, ARTICLE 24, TITLE 1-B
§ 2411. Powers and duties of the board. 1. The board shall:
(a) Survey state agencies, boards, programs and other state
governmental entities to assess what, if any, relevant data has been or
is being collected which may be of use to researchers engaged in breast
cancer research;
(b) Consistent with the survey conducted pursuant to paragraph (a) of
this subdivision, compile a list of data collected by state agencies
which may be of assistance to researchers engaged in breast cancer
research as established in section twenty-four hundred twelve of this
title;
(c) Consult with the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy
and Research, the National Academy of Sciences and other organizations
or entities which may be involved in cancer research to solicit both
information regarding breast cancer research projects that are currently
being conducted and recommendations for future research projects;
(d) Review requests made to the commissioner for access to information
pursuant to paragraph b of subdivision one of section 33-1203 and
paragraph c of subdivision two of section 33-1205 of the environmental
conservation law for use in human health related research projects. Such
data shall only be provided to researchers engaged in human health
related research. The request made by such researchers shall include a
copy of the research proposal or the research protocol approved by their
institution and copies of their institution's Institutional Review Board
(IRB) or equivalent review board approval of such proposal or protocol.
In the case of research conducted outside the auspices of an institution
by a researcher previously published in a peer-reviewed scientific
journal, the board shall request copies of the research proposal and
shall deny access to the site-specific and nine-digit zip code pesticide
data if the board determines that such proposal does not follow accepted
scientific practice for the design of a research project. The board
shall establish guidelines to restrict the dissemination by researchers
of the name, address or other information that would otherwise identify
a commercial applicator or private applicator or any person who receives
the services of a commercial applicator;
(e) Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the breast cancer research and education fund, created
pursuant to section ninety-seven-yy of the state finance law, to conduct
research or educational programs which focus on the causes, prevention,
screening, treatment and cure of breast cancer and may include, but are
not limited to mapping of breast cancer, and basic, behavioral,
clinical, demographic, environmental, epidemiologic and psychosocial
research. The board shall make recommendations to the commissioner, and
the commissioner shall, in his or her discretion, grant approval of
applications for grants from those applications recommended by the
board. The board shall consult with the Centers for Disease Control and
Prevention, the National Institutes of Health, the Federal Agency For
Health Care Policy and Research, the National Academy of Sciences,
breast cancer advocacy groups, and other organizations or entities which
may be involved in breast cancer research to solicit both information
regarding breast cancer research projects that are currently being
conducted and recommendations for future research projects. As used in
this section, "qualified research institution" may include academic
medical institutions, state or local government agencies, public or
private organizations within this state, and any other institution
approved by the department, which is conducting a breast cancer research
project or educational program. If a board member submits an application
for a grant from the breast cancer research and education fund, he or
she shall be prohibited from reviewing and making a recommendation on
the application;
(f) Consider, based on evolving scientific evidence, whether a
correlation exists between pesticide use and pesticide exposure. As part
of such consideration the board shall make recommendations as to
methodologies which may be utilized to establish such correlation;
(g) After two years of implementation of pesticide reporting pursuant
to section 33-1205 of the environmental conservation law, the board
shall compare the percentage of agricultural crop production general use
pesticides being reported to the total amount of such pesticides being
used in this state as estimated by Cornell University, Cornell
Cooperative Extension, the department of environmental conservation, and
the Environmental Protection Agency;
(h) Meet at least six times in the first year, at the request of the
chair and at any other time as the chair deems necessary. The board
shall meet at least two times a year and as needed thereafter. Provided,
however, that at least one such meeting a year shall be a public
hearing, at which the general public may question and present
information and comments to the board with respect to the operation of
the health research science board, the breast cancer research and
education fund, and pesticide reporting established pursuant to sections
33-1205 and 33-1207 of the environmental conservation law. At such
hearing, the commissioner of the department of environmental
conservation or his or her designee shall make a report to the board
with respect to the efficiency and utility of pesticide reporting
established pursuant to sections 33-1205 and 33-1207 of the
environmental conservation law. Should the existing bylaws be amended by
the board, any such amendments shall be consistent with the revisions of
this paragraph;
2. The commissioner shall request that the department of environmental
conservation compile information pursuant to paragraph b of subdivision
one of section 33-1203 of the environmental conservation law as
necessary to fulfill board approved requests, pursuant to paragraph (d)
of subdivision one of this section.
3. The commissioner shall provide the board with such staff assistance
and support services as are necessary for the board to perform the
functions required of it under this section.
(a) Survey state agencies, boards, programs and other state
governmental entities to assess what, if any, relevant data has been or
is being collected which may be of use to researchers engaged in breast
cancer research;
(b) Consistent with the survey conducted pursuant to paragraph (a) of
this subdivision, compile a list of data collected by state agencies
which may be of assistance to researchers engaged in breast cancer
research as established in section twenty-four hundred twelve of this
title;
(c) Consult with the Centers for Disease Control and Prevention, the
National Institutes of Health, the Federal Agency For Health Care Policy
and Research, the National Academy of Sciences and other organizations
or entities which may be involved in cancer research to solicit both
information regarding breast cancer research projects that are currently
being conducted and recommendations for future research projects;
(d) Review requests made to the commissioner for access to information
pursuant to paragraph b of subdivision one of section 33-1203 and
paragraph c of subdivision two of section 33-1205 of the environmental
conservation law for use in human health related research projects. Such
data shall only be provided to researchers engaged in human health
related research. The request made by such researchers shall include a
copy of the research proposal or the research protocol approved by their
institution and copies of their institution's Institutional Review Board
(IRB) or equivalent review board approval of such proposal or protocol.
In the case of research conducted outside the auspices of an institution
by a researcher previously published in a peer-reviewed scientific
journal, the board shall request copies of the research proposal and
shall deny access to the site-specific and nine-digit zip code pesticide
data if the board determines that such proposal does not follow accepted
scientific practice for the design of a research project. The board
shall establish guidelines to restrict the dissemination by researchers
of the name, address or other information that would otherwise identify
a commercial applicator or private applicator or any person who receives
the services of a commercial applicator;
(e) Solicit, receive, and review applications from public and private
agencies and organizations and qualified research institutions for
grants from the breast cancer research and education fund, created
pursuant to section ninety-seven-yy of the state finance law, to conduct
research or educational programs which focus on the causes, prevention,
screening, treatment and cure of breast cancer and may include, but are
not limited to mapping of breast cancer, and basic, behavioral,
clinical, demographic, environmental, epidemiologic and psychosocial
research. The board shall make recommendations to the commissioner, and
the commissioner shall, in his or her discretion, grant approval of
applications for grants from those applications recommended by the
board. The board shall consult with the Centers for Disease Control and
Prevention, the National Institutes of Health, the Federal Agency For
Health Care Policy and Research, the National Academy of Sciences,
breast cancer advocacy groups, and other organizations or entities which
may be involved in breast cancer research to solicit both information
regarding breast cancer research projects that are currently being
conducted and recommendations for future research projects. As used in
this section, "qualified research institution" may include academic
medical institutions, state or local government agencies, public or
private organizations within this state, and any other institution
approved by the department, which is conducting a breast cancer research
project or educational program. If a board member submits an application
for a grant from the breast cancer research and education fund, he or
she shall be prohibited from reviewing and making a recommendation on
the application;
(f) Consider, based on evolving scientific evidence, whether a
correlation exists between pesticide use and pesticide exposure. As part
of such consideration the board shall make recommendations as to
methodologies which may be utilized to establish such correlation;
(g) After two years of implementation of pesticide reporting pursuant
to section 33-1205 of the environmental conservation law, the board
shall compare the percentage of agricultural crop production general use
pesticides being reported to the total amount of such pesticides being
used in this state as estimated by Cornell University, Cornell
Cooperative Extension, the department of environmental conservation, and
the Environmental Protection Agency;
(h) Meet at least six times in the first year, at the request of the
chair and at any other time as the chair deems necessary. The board
shall meet at least two times a year and as needed thereafter. Provided,
however, that at least one such meeting a year shall be a public
hearing, at which the general public may question and present
information and comments to the board with respect to the operation of
the health research science board, the breast cancer research and
education fund, and pesticide reporting established pursuant to sections
33-1205 and 33-1207 of the environmental conservation law. At such
hearing, the commissioner of the department of environmental
conservation or his or her designee shall make a report to the board
with respect to the efficiency and utility of pesticide reporting
established pursuant to sections 33-1205 and 33-1207 of the
environmental conservation law. Should the existing bylaws be amended by
the board, any such amendments shall be consistent with the revisions of
this paragraph;
2. The commissioner shall request that the department of environmental
conservation compile information pursuant to paragraph b of subdivision
one of section 33-1203 of the environmental conservation law as
necessary to fulfill board approved requests, pursuant to paragraph (d)
of subdivision one of this section.
3. The commissioner shall provide the board with such staff assistance
and support services as are necessary for the board to perform the
functions required of it under this section.