Bill S3452-2013

Creates reference list of businesses providing locator technology to assist in the location of lost individuals with Alzheimer's disease, and requires physicians to disclose such technology

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, and requires 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.

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  • Jan 8, 2014: REFERRED TO HEALTH
  • Feb 1, 2013: REFERRED TO HEALTH

Memo

BILL NUMBER:S3452

TITLE OF BILL: 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

PURPOSE OR GENERAL IDEA OF BILL: To provide quick and easily accessible information to assist in the protection of patients afflicted with Alzheimer's disease or dementia; to provide a database of technology and tools that aid in locating a lost or disoriented person; to direct physicians that treat patients of Alzheimer's disease of dementia to provide such information to their families and caregivers, and to keep such information in their medical files which would be accessible by agencies including the State Police to assist in locating lost or disoriented persons

SUMMARY OF SPECIFIC PROVISIONS: The public health law is amended by adding two new sections 2010 and 2001. Section 2010 requires the development of a comprehensive list of technology or services for locating lost or disoriented patients, the maintenance and updating of this list, and the notification of physicians treating Alzheimer's or dementia patients. It also defines' locator technology. Section 2011 directs physicians treating Alzheimer's or dementia patients to provide this information to families and caregivers and to maintain such information in their medical files, which will be accessible by all agencies involved in locating the patient.

JUSTIFICATION: According to a 2012 CNN report, 5.4 million Americans suffer from Alzheimer's. This legislation will not only protect these individuals, but also help the 15 million unpaid men and women who care for them. As Alzheimer's progresses, disorientation can occur, and once familiar surroundings are unrecognizable. As a result, people with Alzheimer's wander away from their homes or care centers and turn up far from where they started. Providing Alzheimer's patients and caregivers up-to-date information regarding the availability of locator technology, could prevent the frightening ordeal of a lost loved one.

PRIOR LEGISLATIVE HISTORY: This bill was previously introduced in the Assembly

FISCAL IMPLICATIONS: None to the state

EFFECTIVE DATE: This act shall take effect on the first of January next succeeding the date on which it shall have become a law, provided that the department of health is immediately authorized and directed to take such actions as are necessary to implement this act, including the

promulgation of rules in accordance with the state administrative procedure act, on or before its effective date.


Text

STATE OF NEW YORK ________________________________________________________________________ 3452 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
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: Section 1. The public health law is amended by adding two new sections 2010 and 2011 to read as follows: S 2010. ALZHEIMER'S AND DEMENTIA LOCATOR TECHNOLOGY INFORMATION. 1. THE DEPARTMENT, IN CONJUNCTION WITH THE OFFICE FOR THE AGING, THE DEPARTMENT OF SOCIAL SERVICES AND THE STATE POLICE, SHALL DEVELOP AND MAINTAIN A COMPREHENSIVE LIST OF BUSINESSES AND OTHER ENTITIES THAT MANUFACTURE, DISTRIBUTE OR OTHERWISE OFFER LOCATOR TECHNOLOGY OR SERVICES DESIGNED TO ASSIST IN THE EXPEDITED LOCATION OF INDIVIDUALS AFFLICTED WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME LOST OR DISO- RIENTED. THE DEPARTMENT SHALL NOTIFY ALL PHYSICIANS LICENSED TO PRACTICE IN THIS STATE OF THE EXISTENCE OF THE LIST AND SHALL MAKE THE LIST AVAILABLE TO THE GENERAL PUBLIC THROUGH THE DEPARTMENT'S WEBSITE. THE LIST SHALL BE UPDATED BY THE DEPARTMENT ON AT LEAST A SEMI-ANNUAL BASIS, AND MAY BE MAINTAINED ON OR CONNECTED TO THE WEBSITES OF OTHER STATE OFFICES, INCLUDING THOSE MAINTAINED BY THE OFFICE FOR THE AGING, THE DEPARTMENT OF SOCIAL SERVICES, THE STATE POLICE AND THE DEPARTMENT OF MENTAL HEALTH. 2. AS USED IN THIS SECTION "LOCATOR TECHNOLOGY" MEANS ANY PRODUCT, PROGRAM OR SYSTEM USED TO ASSIST IN THE LOCATION AND IDENTIFICATION OF LOST OR DISORIENTED PERSONS, AND INCLUDES BUT IS NOT LIMITED TO, RADIO
WRIST TRANSMITTER TRACKING SYSTEMS, SOFTWARE PROGRAMS, DATA BASES, AND PRODUCTS CONTAINING IDENTIFYING INFORMATION, INCLUDING NECKLACES OR BRACELETS. 3. THE COMMISSIONER SHALL PROMULGATE SUCH RULES AND REGULATIONS AS HE OR SHE DEEMS NECESSARY TO GIVE EFFECT TO THE PROVISIONS OF THIS SECTION. S 2011. PHYSICIANS AND FACILITIES; DUTY TO ADVISE OF LOCATOR TECHNOLO- GY INFORMATION. 1. EFFECTIVE JANUARY FIRST, TWO THOUSAND FOURTEEN, EVERY PHYSICIAN DIAGNOSING OR TREATING A PERSON WITH ALZHEIMER'S DISEASE OR OTHER DEMENTIA, AND EVERY FACILITY CARING FOR SUCH PERSON SHALL ADVISE EACH AFFLICTED PERSON AND SUCH PERSON'S FAMILY AND CAREGIVERS OF THE AVAILABILITY OF TECHNOLOGY DESIGNED TO ASSIST IN THE EXPEDITED LOCATION OF INDIVIDUALS AFFLICTED WITH ALZHEIMER'S DISEASE OR DEMENTIA WHO BECOME LOST OR DISORIENTED, AND OF THE LOCATOR TECHNOLOGY LIST MAINTAINED BY THE DEPARTMENT PURSUANT TO SECTION TWO THOUSAND TEN OF THIS ARTICLE. 2. EACH PHYSICIAN DIAGNOSING OR TREATING A PERSON WITH ALZHEIMER'S DISEASE, DEMENTIA OR TRAUMATIC BRAIN INJURY SHALL MAINTAIN IN THE AFFLICTED PERSON'S MEDICAL RECORDS INFORMATION PERTAINING TO ANY LOCATOR TECHNOLOGY UTILIZED BY SUCH PERSON, INCLUDING THE NATURE AND TYPE OF THE TECHNOLOGY, THE APPROXIMATE DATE THE TECHNOLOGY WAS ACQUIRED, THE MANUFACTURER'S NAME AND CONTACT INFORMATION, AND THE SERIAL NUMBER, IF ANY, OF SUCH PRODUCT. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ALL SUCH INFORMATION SHALL BE IMMEDIATELY DISCLOSED BY THE PHYSICIAN TO THE STATE POLICE UPON REQUEST BY THE STATE POLICE IN THE EVENT THE AFFLICTED PERSON IS REPORTED TO THE POLICE AS BEING LOST OR MISSING; SUCH DISCLOSURE SHALL NOT CONSTITUTE A VIOLATION OF ANY FEDERAL OR STATE STATUTES REGARDING THE CONFIDENTIALITY OF PATIENT MEDICAL INFORMATION. S 2. This act shall take effect on the first of January next succeed- ing the date on which it shall have become a law, provided that the department of health is immediately authorized and directed to take such actions as are necessary to implement this act, including the promulga- tion of rules in accordance with the state administrative procedure act, on or before its effective date.

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