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This entry was published on 2023-04-07
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SECTION 25
Veterans health screening
Veterans' Services (VET) CHAPTER 13, ARTICLE 1
§ 25. Veterans health screening. 1. As used in this section: a.
"Eligible member" means a member of the New York army national guard or
the New York air national guard who served in the Persian Gulf War, as
defined in 38 USC 101, or in an area designated as a combat zone by the
president of the United States during Operation Enduring Freedom or
Operation Iraqi Freedom;

b. "Veteran" means a person as defined in section one of this article
who is a resident of the state;

c. "Military physician" includes a physician who is under contract
with the United States department of defense to provide physician
services to members of the uniformed services; and

d. "Depleted uranium" means uranium containing less uranium-235 than
the naturally occurring distribution of uranium isotopes.

2. On and after February first, two thousand seven, the adjutant
general and the state commissioner shall assist any eligible member or
veteran who has been experiencing health problems. Such problems may
include exposure to toxic materials or harmful physical agents such as
depleted uranium. An eligible member or veteran who has been assigned a
risk level I, II or III for depleted uranium exposure by his or her
branch of service, is referred by a military physician, or has reason to
believe that he or she was exposed to toxic materials or harmful
physical agents such as depleted uranium during such service, in
obtaining federal treatment services. Such treatment shall include, but
not be limited to, a best practice health screening test for exposure to
depleted uranium using a bioassay procedure involving sensitive methods
capable of detecting depleted uranium at low levels and the use of
equipment with the capacity to discriminate between different
radioisotopes in naturally occurring levels of uranium and the
characteristic ratio and marker for depleted uranium. As more scientific
reliable tests become available such test shall be included in the
treatment protocol. No state funds shall be used to pay for such tests
or such other federal treatment services.

3. On or before February first, two thousand seven, the adjutant
general shall submit a report to the chair of the senate veterans,
homeland security and military affairs committee and the chair of the
assembly veterans' affairs committee on the scope and adequacy of
training received by members of the New York army national guard and the
New York air national guard on detecting whether their service as
eligible members is likely to entail, or to have entailed, exposure to
toxic materials or harmful physical agents such as depleted uranium. The
report shall include an assessment of the feasibility and cost of adding
predeployment training concerning potential exposure to depleted uranium
and other toxic chemical substances and the precautions recommended
under combat and noncombat conditions while in a combat theater or
combat zone of operations.