Bill Text: NY A05803 | 2023-2024 | General Assembly | Amended


Bill Title: Establishes a state Parkinson's disease registry; directs certain health professionals and general hospitals to report instances of Parkinson's disease and Parkinsonisms to the department of health; directs the department of health to create and manage the Parkinson's disease registry; makes related provisions.

Spectrum: Moderate Partisan Bill (Democrat 24-6)

Status: (Introduced) 2024-05-16 - substituted by s4674a [A05803 Detail]

Download: New_York-2023-A05803-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         5803--B

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                     March 23, 2023
                                       ___________

        Introduced  by  M.  of  A.  PAULIN, GUNTHER, McDONALD, FAHY, STERN, KIM,
          HYNDMAN, WOERNER, SHIMSKY, CARROLL,  DICKENS,  McMAHON,  SIMON,  McDO-
          NOUGH,  RA,  DE LOS SANTOS,  STIRPE, BUTTENSCHON, SILLITTI, SEAWRIGHT,
          THIELE, LEVENBERG, HEVESI, MANKTELOW, BRABENEC, JENSEN,  DeSTEFANO  --
          read  once  and  referred  to  the  Committee  on  Health -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- recommitted to the Committee on Health in accord-
          ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee

        AN ACT to amend the public health law, in  relation  to  establishing  a
          state Parkinson's disease registry

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1.  The public health law is amended by adding a  new  article
     2  20-B to read as follows:
     3                                ARTICLE 20-B
     4                     STATE PARKINSON'S DISEASE REGISTRY
     5  Section 2010. Definitions.
     6          2011. Duty to report.
     7          2012. Establishment of registry.
     8          2013. Duties of the department.
     9          2014. Duties of the commissioner.
    10    § 2010. Definitions.  As  used  in  this  article, the following terms
    11  shall have the following meanings:
    12    1. "Parkinson's disease" means a chronic  and  progressive  neurologic
    13  disorder  resulting  from deficiency of the neurotransmitter dopamine as
    14  the consequence of specific degenerative changes  in  the  area  of  the
    15  brain called the basal ganglia.
    16    2.  "Parkinsonisms"  means related conditions that cause a combination
    17  of the movement abnormalities seen in Parkinson's disease including, but

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08983-04-4

        A. 5803--B                          2

     1  not limited to, tremor at rest, slow movement, muscle rigidity, impaired
     2  speech, or muscle stiffness, which often overlap  with  and  can  evolve
     3  from what appears to be Parkinson's disease.
     4    § 2011. Duty to report. 1. Every physician, nurse practitioner, physi-
     5  cian  assistant  and  general  hospital  that diagnoses or is treating a
     6  patient diagnosed with Parkinson's disease or Parkinsonisms, shall  give
     7  notice  no  later  than  one  hundred  eighty  days  of  every  case  of
     8  Parkinson's disease coming under their care, to  the  department,  in  a
     9  format  to  be  determined  by  the  commissioner,  except  as otherwise
    10  provided in this article.
    11    2. All patients diagnosed with Parkinson's  disease  or  Parkinsonisms
    12  shall  be provided written and verbal notice regarding the collection of
    13  information and patient data on Parkinson's disease. Patients who do not
    14  wish to participate in the collection of data shall  affirmatively  opt-
    15  out  in  writing after ample opportunity to review such notice, provided
    16  that, the mere incidence of a patient with Parkinson's disease shall  be
    17  the  sole  required information for the registry under section two thou-
    18  sand twelve of this article for any patient who chooses not  to  partic-
    19  ipate.
    20    § 2012. Establishment of registry. 1. The department shall establish a
    21  Parkinson's  disease  registry  for the collection of information on the
    22  incidence and prevalence of Parkinson's disease and  Parkinsonisms.  The
    23  department  may  consult  with  Parkinson's  disease  experts, including
    24  neurologists, patients living with Parkinson's disease, and  Parkinson's
    25  disease  researchers  to assist in the development and implementation of
    26  such registry, and to determine what data shall be collected.
    27    2. All information maintained by the department under  the  provisions
    28  of  this  section shall be confidential except as necessary to carry out
    29  the provisions of this section and shall not be released for  any  other
    30  purpose.
    31    3.  The  department  may  enter  into  an  agreement  to  provide data
    32  collected in the Parkinson's disease registry to the federal Centers for
    33  Disease Control and Prevention, or successor  agency,  to  local  health
    34  officers, or health researchers for the study of Parkinson's disease for
    35  public  health and research purposes. Data shall be provided in summary,
    36  statistical, aggregate, or other form such that no individual person can
    37  be identified.
    38    4. On or before January first, two thousand twenty-six, the department
    39  shall create and maintain a public website called the  "New  York  state
    40  Parkinson's  disease  registry"  which  shall include information on the
    41  incidence and prevalence of Parkinson's disease and Parkinsonisms in the
    42  state by county, and demographic information on affected patients.
    43    § 2013. Duties of the department. 1. Parkinson's disease  reports  and
    44  data  shall  be  maintained  by  the department in a manner suitable for
    45  research purposes, and shall be made available to persons as  set  forth
    46  in section two thousand twelve of this article.
    47    2.  All information collected under this article shall be confidential
    48  insofar as the identity of individual patients is concerned and shall be
    49  used solely for the purposes as provided in this article. Access to such
    50  information shall be limited to authorized employees of  the  department
    51  as  well  as  persons  and organizations defined in section two thousand
    52  twelve of this article with valid  scientific  interest  and  qualifica-
    53  tions,  as determined by the commissioner, who are engaged in demograph-
    54  ic, epidemiological, or other similar studies related to public health.
    55    3. The department shall maintain an accurate record of all persons who
    56  are given access to the information contained in the Parkinson's disease

        A. 5803--B                          3

     1  registry. Such record shall include the name of the  person  authorizing
     2  access,  the name, title and organizational affiliation of persons given
     3  access, dates of access, and the specific purposes for which information
     4  is to be used.
     5    4.  Any  person  who,  in violation of a written agreement to maintain
     6  confidentiality, discloses any information provided under this  section,
     7  or  who  uses  information provided under this section in a manner other
     8  than that prescribed by the commissioner, may be denied  further  access
     9  to any confidential information maintained by the department.
    10    § 2014. Duties  of  the  commissioner. The commissioner may promulgate
    11  any regulations necessary to implement the provisions of  this  article,
    12  including but not limited to:
    13    1. Establishing the form, content, and manner by which providers shall
    14  report  Parkinson's  disease  information  into the registry established
    15  under section two thousand twelve of this article;
    16    2. Prescribing the permissible uses for the information made available
    17  under this article; and
    18    3. Establishing procedures to maintain the confidentiality of informa-
    19  tion collected by providers and provided to members  of  the  department
    20  pursuant  to this article. This shall include a procedure to ensure that
    21  confidential patient information is deidentified prior to being provided
    22  to authorized participants under this article.
    23    § 2. This act shall take effect on the ninetieth day  after  it  shall
    24  have become a law.
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