Bill Text: NY S05221 | 2017-2018 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Mandates the creation of a reference list of businesses that provide locator technology designed to assist in the expedited location of individuals afflicted with Alzheimer's disease or dementia who become lost or disoriented.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2018-12-21 - VETOED MEMO.310 [S05221 Detail]

Download: New_York-2017-S05221-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5221
                               2017-2018 Regular Sessions
                    IN SENATE
                                     March 16, 2017
                                       ___________
        Introduced  by Sen. STAVISKY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Health
        AN ACT to amend the public health law, in relation to the creation of  a
          reference  list of businesses that provide locator technology designed
          to assist in the expedited  location  of  individuals  afflicted  with
          Alzheimer's  disease  or  dementia who become lost or disoriented, and
          requiring physicians to disclose the existence of such  technology  to
          persons afflicted with Alzheimer's disease or dementia and to maintain
          information regarding any technology utilized by such afflicted people
          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 two new sections
     2  2010 and 2011 to read as follows:
     3    § 2010. Alzheimer's and dementia locator technology information.    1.
     4  The  department,  in  conjunction  with  the  office  for the aging, the
     5  department of social services and the state police,  shall  develop  and
     6  maintain  a  comprehensive  list  of  businesses and other entities that
     7  manufacture,  distribute  or  otherwise  offer  locator  technology   or
     8  services  designed  to  assist  in the expedited location of individuals
     9  afflicted with Alzheimer's disease or dementia who become lost or  diso-
    10  riented. The department shall notify all physicians licensed to practice
    11  in  this  state  of  the  existence  of the list and shall make the list
    12  available to the general public through the department's website.    The
    13  list shall be updated by the department on at least a semi-annual basis,
    14  and  may  be  maintained  on or connected to the websites of other state
    15  offices, including those maintained by the office  for  the  aging,  the
    16  department  of  social  services, the state police and the department of
    17  mental health.
    18    2. As used in this section "locator  technology"  means  any  product,
    19  program  or  system used to assist in the location and identification of
    20  lost or disoriented persons, and includes but is not limited  to,  radio
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04968-01-7
        S. 5221                             2
     1  wrist  transmitter  tracking systems, software programs, data bases, and
     2  products containing  identifying  information,  including  necklaces  or
     3  bracelets.
     4    3.  The commissioner shall promulgate such rules and regulations as he
     5  or she deems necessary to give effect to the provisions of this section.
     6    § 2011. Physicians and facilities; duty to advise of locator technolo-
     7  gy information. 1. Effective January first, two thousand eighteen, every
     8  physician diagnosing or treating a person with  Alzheimer's  disease  or
     9  other  dementia,  and every facility caring for such person shall advise
    10  each afflicted person and such person's family  and  caregivers  of  the
    11  availability  of technology designed to assist in the expedited location
    12  of individuals afflicted with Alzheimer's disease or dementia who become
    13  lost or disoriented, and of the locator technology  list  maintained  by
    14  the department pursuant to section two thousand ten of this article.
    15    2.  Each  physician  diagnosing  or treating a person with Alzheimer's
    16  disease, dementia or  traumatic  brain  injury  shall  maintain  in  the
    17  afflicted person's medical records information pertaining to any locator
    18  technology utilized by such person, including the nature and type of the
    19  technology,  the  approximate  date  the  technology  was  acquired, the
    20  manufacturer's name and contact information, and the serial  number,  if
    21  any,  of  such  product.  Notwithstanding  any  provision  of law to the
    22  contrary, all such information shall be  immediately  disclosed  by  the
    23  physician  to  the  state police upon request by the state police in the
    24  event the afflicted person is reported to the police as  being  lost  or
    25  missing; such disclosure shall not constitute a violation of any federal
    26  or  state  statutes  regarding  the  confidentiality  of patient medical
    27  information.
    28    § 2. This act shall take effect on the first of January next  succeed-
    29  ing  the  date  on  which  it shall have become a law, provided that the
    30  department of health is immediately authorized and directed to take such
    31  actions as are necessary to implement this act, including the  promulga-
    32  tion of rules in accordance with the state administrative procedure act,
    33  on or before its effective date.