Requires primary care physicians to post certain information detailing how parents or guardians of infants and children can subscribe to the United States consumer product safety commission's e-mail subscription lists.
TITLE OF BILL: An act to amend the public health law, in relation to requiring primary care physicians to post certain information detailing how parents or guardians of infants and children can subscribe to the United States consumer product safety commission's e-mail subscription lists
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to increase parents' awareness of recalls involving children's products.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of this bill amends the Public Health Law by adding a new section, 2999-e which would require primary care physicians to prominently post in a location near the office area designated for the receipt of payment a notice designed by the Department of Health containing information detailing how parents or guardians of infants and children can subscribe to the United States Consumer Product Safety Commission's e-mail subscription lists to receive consumer product recall and safety news by e-mail. The notice would be made available to primary care physicians by the Department on its website and would be provided in English, as well as in the six languages other than English most frequently spoken in the State according to the United States Census Bureau. And upon request from a primary care physician, any other language spoken by a significant number of people within the community served by such physician.
Section 2 of this bill sets the effective date.
JUSTIFICATION: In recent years, hundreds of products designed to protect, educate, and amuse our children have been subject to safety recalls. While these recalls are often publicized in news reports, if a parent happens to skip over an article or report regarding a recall, the lives of their children could be endangered. According to testimony received at the October 31, 2011 Assembly public hearing on child product safety, recall awareness and response rates remain stubbornly low, despite increased media attention. A representative of Consumers Union stated that the best way to improve recall response rates is to disseminate recall information directly to consumers. Fortunately, the United States Consumer Product Safety Commission (CPSC) has established an e-mail alert system that notifies parents when a children's product has been recalled. This bill would help to keep New York's children safe from potentially hazardous products by increasing parents' awareness of the CPSC's e-mail alert system.
Similar to recently enacted legislation requiring hospitals and birth centers to distribute information concerning the CPSC's e-mail alert system to new mothers (Chapter 539 of the Laws of 2010), this bill would require the Department of Health to design the notice and make it available on its website. Medical office staff-would be able to print the
notice from the Department's website and post it in the reception area, resulting in minimal costs to physicians.
Prior Legislative History: New bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State.
EFFECTIVE DATE: This act shall take effect on the one hundred twentieth day after which it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 3184 2013-2014 Regular Sessions IN SENATE January 31, 2013 ___________Introduced by Sen. GALLIVAN -- 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 requiring primary care physicians to post certain information detailing how parents or guardians of infants and children can subscribe to the United States consumer product safety commission's e-mail subscription lists THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Article 25 of the public health law is amended by adding a new title 9 to read as follows: TITLE IX RECALL SUBSCRIPTION INFORMATION SECTION 2599-E. PHYSICIAN POSTING OF RECALL SUBSCRIPTION INFORMATION. S 2599-E. PHYSICIAN POSTING OF RECALL SUBSCRIPTION INFORMATION. 1. AS USED IN THIS SECTION, "PRIMARY CARE PHYSICIAN" MEANS A PHYSICIAN SPECIALIST IN THE FIELD OF FAMILY PRACTICE, GENERAL PEDIATRICS, PRIMARY CARE INTERNAL MEDICINE OR PRIMARY CARE OBSTETRICS AND GYNECOLOGY, WHO PROVIDES COORDINATED PRIMARY CARE SERVICES. 2. THE COMMISSIONER SHALL REQUIRE THAT EVERY PRIMARY CARE PHYSICIAN POST IN A PLACE OR PLACES, CLEARLY VISIBLE TO ALL PERSONS, ADJACENT TO OR NEAR THE LOCATION SUCH PRIMARY CARE PHYSICIAN HAS DESIGNATED FOR THE RECEIPT OF PAYMENT, AN INFORMATIONAL NOTICE. SUCH NOTICE SHALL BE DESIGNED BY THE COMMISSIONER IN CONJUNCTION WITH THE SECRETARY OF STATE AND SHALL CONTAIN INFORMATION DETAILING HOW PARENTS OR GUARDIANS OF INFANTS AND CHILDREN CAN SUBSCRIBE TO THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION'S E-MAIL SUBSCRIPTION LISTS TO RECEIVE CONSUMER PROD- UCT RECALL AND SAFETY NEWS BY E-MAIL FROM THE UNITED STATES CONSUMER PRODUCT SAFETY COMMISSION AND SUCH OTHER MATERIAL AS DEEMED APPROPRIATE BY THE COMMISSIONER. SUCH NOTICE SHALL BE MADE AVAILABLE TO PRIMARY CARE PHYSICIANS BY THE DEPARTMENT ON ITS WEBSITE AND SHALL BE PROVIDED IN ENGLISH, AS WELL AS IN THE SIX LANGUAGES OTHER THAN ENGLISH MOSTEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03087-01-3 S. 3184 2
FREQUENTLY SPOKEN IN THE STATE ACCORDING TO THE LATEST AVAILABLE DATA FROM THE UNITED STATES CENSUS BUREAU AND UPON REQUEST FROM A PRIMARY CARE PHYSICIAN, ANY OTHER LANGUAGE SPOKEN BY A SIGNIFICANT NUMBER OF PEOPLE WITHIN THE COMMUNITY SERVED BY SUCH PRIMARY CARE PHYSICIAN. A PRIMARY CARE PHYSICIAN SHALL POST SUCH NOTICE IN ENGLISH AND IN ANY OTHER LANGUAGE SPOKEN BY SIGNIFICANT NUMBERS OF PEOPLE WITHIN THE COMMU- NITY HE OR SHE SERVES. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed by the commissioner of health on or before such effective date.