A8829-2011 Actions

• Jan 4, 2012: referred to health

A8829-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         8829
 I N  ASSEMBLY
 (PREFILED)
 January 4, 2012
 
 Introduced  by M. of A. QUART -- read once and referred to the Committee
 on Health
 

AN ACT to amend the public health law, in relation to  establishing  the
 clinical information resource access program
 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section 1. Subdivision 1 of section 201 of the public  health  law  is
 amended by adding two new paragraphs (k-1) and (k-2) to read as follows:

 (K-1)  PURSUANT  TO SECTION TWO HUNDRED SEVEN-A OF THIS TITLE, COORDI
 NATE CLINICAL INFORMATION RESOURCES  WITHIN  NEW  YORK  STATE  TO  AVOID
 UNNECESSARY DUPLICATION OF EFFORT, RESOURCES AND FACILITIES;
 (K-2) PURSUANT TO SECTION TWO HUNDRED SEVEN-A OF THIS TITLE, ENCOURAGE
 EDUCATION  AND  TRAINING  IN  THE AREA OF CLINICAL INFORMATION RESOURCES
 INCLUDING, BUT NOT LIMITED TO, THE ACQUISITION,  LICENSING  AND  DISSEM
 INATION OF PRINT AND ELECTRONIC RESOURCES;
 

S  2.   The public health law is amended by adding a new section 207-a
 to read as follows:

 

S 207-A.   CLINICAL INFORMATION  RESOURCE  ACCESS  PROGRAM.    1.  THE
 DEPARTMENT,  IN  CONSULTATION  AND COOPERATION WITH THE BOARD OF REGENTS
 AND THE BOARD OF TRUSTEES OF THE  STATE  UNIVERSITY,  SHALL  ENTER  INTO
 CONTRACTS  AND  GRANT  LICENSES  FOR  THE  PROVISION TO INSTITUTIONS AND
 FACILITIES, ELECTING TO PARTICIPATE PURSUANT TO SUBDIVISION TWO OF  THIS
 SECTION OF ELECTRONIC AND PRINT RESOURCES ON MEDICAL INFORMATION RELATED
 TO  CLINICAL  PRACTICE  INCLUDING, BUT NOT LIMITED TO, ACADEMIC, PROFES
 SIONAL AND BUSINESS JOURNALS, REFERENCE HANDBOOKS AND MANUALS,  RESEARCH
 TRACKING  TOOLS, INDICES, AND ABSTRACTS. ALL COSTS OF SUCH CONTRACTS AND
 LICENSES SHALL BE BORNE BY THE INSTITUTIONS AND FACILITIES, ELECTING  TO
 PARTICIPATE  PURSUANT  TO SUBDIVISION TWO OF THIS SECTION, ON A PRO-RATA
 BASIS AS SHALL BE DETERMINED BY  THE  DEPARTMENT.    EACH  PARTICIPATING
 INSTITUTION  AND FACILITY SHALL PAY ITS PRO-RATA SHARE TO THE DEPARTMENT
 AT SUCH TIMES AS SHALL BE DETERMINED TO BE NECESSARY BY THE STATE  COMP
 TROLLER.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD11032-05-1
 
       A. 8829                             2
 2.  THE  ELECTRONIC AND PRINT RESOURCES ON MEDICAL INFORMATION RELATED
 TO CLINICAL PRACTICE MADE AVAILABLE PURSUANT TO SUBDIVISION ONE OF  THIS
 SECTION  SHALL  BE MADE AVAILABLE TO INSTITUTIONS AND FACILITIES ENGAGED
 IN CLINICAL HEALTH PRACTICE OR THE PROVISION OF  ACADEMIC  CURRICULA  IN
 SUPPORT OF ANY SUCH PRACTICE, AND WHICH PROVIDE NOTICE TO THE DEPARTMENT
 OF THEIR INTENT TO BE PROVIDED WITH SUCH RESOURCES. PARTICIPATING INSTI
 TUTIONS  AND FACILITIES SHALL INCLUDE RESEARCHERS, SCHOLARS, FACULTY AND
 STUDENTS OF MEMBER AND ASSOCIATE INSTITUTIONS  OF  THE  NEW  YORK  STATE
 HIGHER  EDUCATION  INITIATIVE;  HEALTH  CARE  PRACTITIONERS  AT CLINICAL
 FACILITIES AND INSTITUTIONS AFFILIATED WITH A MEMBER OR ASSOCIATE INSTI
 TUTION OF THE NEW YORK STATE HIGHER EDUCATION INITIATIVE;  OTHER  INSTI
 TUTIONS  REGISTERED WITH THE OFFICE OF COLLEGE AND UNIVERSITY EVALUATION
 OF THE  EDUCATION  DEPARTMENT;  THE  STATE  LIBRARY;  AND  SUCH  MEDICAL
 LIBRARIES  AS  SHALL  BE DESIGNATED BY THE ADVISORY BOARD ESTABLISHED BY
 SUBDIVISION THREE OF THIS SECTION. EACH  PARTICIPATING  INSTITUTION  AND
 FACILITY  SHALL  GRANT  INFORMATION  ACCESS  TO  HEALTH  CARE  PROVIDERS
 LICENSED PURSUANT TO  TITLE  EIGHT  OF  THE  EDUCATION  LAW,  FACILITIES
 LICENSED PURSUANT TO ARTICLE TWENTY-EIGHT OF THIS CHAPTER, AND FEDERALLY
 QUALIFIED HEALTH CLINICS OPERATING WITHIN THIS STATE.
 3. A. THE DEPARTMENT SHALL ESTABLISH AN ADVISORY BOARD FOR THE PURPOSE
 OF  DESIGNATING  MEDICAL  LIBRARIES  ELIGIBLE TO BE PARTICIPATING INSTI
 TUTIONS AND FACILITIES, AND MAKING  RECOMMENDATIONS  TO  THE  DEPARTMENT
 RELATING TO THE SELECTION, PROCUREMENT AND MAINTENANCE OF MEDICAL INFOR
 MATION  RESOURCES  PURSUANT TO THIS SECTION. THE ADVISORY BOARD SHALL BE
 COMPOSED OF TEN MEMBERS APPOINTED BY THE COMMISSIONER  AS  FOLLOWS:  ONE
 REPRESENTATIVE  OF ACADEMIC AND RESEARCH LIBRARIES OF SMALL INSTITUTIONS
 OF  HIGHER  EDUCATION;  ONE  REPRESENTATIVE  OF  ACADEMIC  AND  RESEARCH
 LIBRARIES OF MEDIUM INSTITUTIONS OF HIGHER EDUCATION; ONE REPRESENTATIVE
 OF  ACADEMIC  AND  RESEARCH  LIBRARIES  OF  LARGE INSTITUTIONS OF HIGHER
 EDUCATION; ONE REPRESENTATIVE OF MEDICAL SCHOOL LIBRARIES; ONE REPRESEN
 TATIVE OF COMMUNITY  HOSPITALS;  ONE  REPRESENTATIVE  OF  PUBLIC  HEALTH
 ORGANIZATIONS; ONE REPRESENTATIVE OF FEDERALLY QUALIFIED HEALTH CLINICS;
 AND  THREE  AT LARGE MEMBERS. THE MEMBERS OF THE ADVISORY BOARD SHALL BE
 BROADLY REPRESENTATIVE OF THE GEOGRAPHIC AREAS OF THE STATE.  THE  ADVI
 SORY BOARD SHALL ELECT ITS CHAIR FROM AMONGST ITS MEMBERSHIP.
 B.  THE  ADVISORY  BOARD  SHALL  MEET  AT THE CALL OF ITS CHAIR OR THE
 COMMISSIONER.  NO ACTION SHALL BE TAKEN BY  THE  ADVISORY  BOARD  EXCEPT
 UPON THE AFFIRMATIVE VOTE OF SEVEN MEMBERS THEREOF.
 C. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR
 THEIR SERVICES, BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
 INCURRED  IN  THE  PERFORMANCE OF THEIR DUTIES PURSUANT TO THIS SUBDIVI
 SION.
 

S 3. This act shall take effect immediately.

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