Title PBH, Public Health

§ 272. Preferred drug program. 1. There is hereby established a\npreferred drug program to promote access to the most effective\nprescription drugs while reducing the cost of prescription drugs for\npersons in state public health plans.\n 2. When a prescriber prescribes a non-pr…

§ 2720. Legislative declaration. The rising incidence of heart\ndisease, strokes and hypertension over the past twenty years has caused\nincreasing awareness and concern among public health officials and\nprivate practitioners. It is imperative that new concepts be developed\nto…

§ 2721. Mary Lasker Heart and Hypertension Institute; organization.\nThe commissioner shall establish within the department a heart and\nhypertension institute to be named the Mary Lasker Heart and\nHypertension Institute for the purpose of promoting the screening,\nevaluation a…

§ 2722. Commissioner; functions, powers and duties. In order to\nfurther the declared purposes of this article, the commissioner shall\nhave the following functions, powers and duties:\n 1. to conduct scientific investigations into the causes, prevention,\nevaluation and treatme…

§ 2723. Centers for treatment of hypertension; establishment by\ncommissioner. Pursuant to rules and regulations of the department, the\ncommissioner shall establish such centers throughout the state as he\ndeems necessary to provide a program of treatment and care for\nhyperten…

§ 2724. Commissioner; additional functions, powers and duties. In\norder to further the declared purposes of this title, the commissioner\nshall have the following functions, powers and duties:\n 1. to develop programs for screening, evaluation and treatment of\nhypertension;\n …

§ 273. Preferred drug program prior authorization. 1. For the purposes\nof this article, a prescription drug shall be considered to be not on\nthe preferred drug list if it is a non preferred drug.\n 2. The preferred drug program shall make available a twenty-four hour\nper day,…

§ 2730. Declaration of policy. Occurrence of malformation or\ninherited disease at the time of birth is a tragedy for the child, the\nfamily and the community, and a matter of vital concern to the public\nhealth. In order to provide for the protection and promotion of the\nhealt…

§ 2731. Birth defects institute. The commissioner shall establish\nwithin the department a birth defects institute for the purposes of\ninitiating and conducting investigations of the causes, mortality,\nmethods of treatment, prevention and cure of birth defects and genetic\nand…

§ 2732. Commissioner; functions, powers and duties. The commissioner\nshall have the following powers and duties:\n (a) To conduct scientific investigations and surveys of the causes,\nmortality, methods of treatment, prevention and cure of birth defects\nand genetic and allied …

§ 2733. Reporting of birth defects; confidentiality of information.\n1. Birth defects and genetic and allied diseases shall be reported by\nphysicians, hospitals, and persons in attendance at births in the manner\nand on such forms as may be prescribed by the commissioner.\n 2. …

§ 274. Clinical drug review program. 1. In addition to the preferred\ndrug program established by this article, the commissioner may establish\na clinical drug review program. The commissioner may, from time to time,\nrequire prior authorization under such program for prescripti…

§ 2740. Traumatic brain injury program. The department shall have the\ncentral responsibility for administering the provisions of this article\nand otherwise coordinating the state's policies with respect to\ntraumatic brain injury, in consultation with the office for people wit…

§ 2741. Definitions. As used in this article:\n 1. "Traumatic brain injury" means an acquired injury to the brain\ncaused by an external physical force resulting in total or partial\ndisability or impairment and shall include but not be limited to damage\nto the central nervous …

§ 2742. Functions, powers and duties of the department. The department\nshall have the following powers and duties:\n 1. to develop a comprehensive statewide program that includes medical,\nhousing, vocational, educational, transportation, social, personal care,\nfamily support,…

§ 2743. Funding of traumatic brain injury services. 1. The department\nshall develop a biennial plan and priorities for the funding of services\nand programs as authorized by this article, with emphasis on the\ndevelopment and expansion of community-based services and programs.\…

§ 2744. The traumatic brain injury services coordinating council. 1.\nThe traumatic brain injury services coordinating council is hereby\nestablished and shall consist of the following persons or their\ndesignees: the commissioner, the commissioner of the office for people\nwith…

§ 2747. Leukemia, lymphoma and myeloma research, education and\ntreatment. The commissioner shall establish within the department a\nprogram to promote research, education and treatment regarding leukemia,\nlymphoma and myeloma. To carry out the purposes of this section, the\nco…

§ 275. Applicability of prior authorization to EPIC. The panel shall,\nno later than April first, two thousand eight, proceed to make prior\nauthorization under the preferred drug program and the clinical review\ndrug program, under this article, applicable to prescriptions unde…

§ 2750. Legislative findings and purpose. One of the three major\ncauses of accidental death in New York state is burn injury, and one of\nthe contributing factors to the high mortality rate from burn injuries\nis the lack of trained individuals and available facilities for the\…

§ 2751. New York state burns care institute; organization. 1. The New\nYork state burns care institute is hereby created within the department\nof health.\n 2. The commissioner shall appoint a director of the institute and may\nemploy such assistants and personnel as are necessa…

§ 2752. Functions, powers and duties. In order to further the\ndeclared purposes of this article, the institute shall have the\nfollowing functions, powers and duties:\n 1. To contract with such regional burns care centers as the\ncommissioner may determine, and on connection th…

§ 276. Education and outreach. The department or the panel may conduct\neducation and outreach programs for consumers and health care providers\nrelating to the safe, therapeutic and cost-effective use of prescription\ndrugs and appropriate treatment practices for containing pre…

§ 2760. Advisory panel established. 1. A state advisory panel for the\nevaluation of health care workers with human immunodeficiency virus\n(HIV) or hepatitis B (HBV) (hereinafter referred to in this article as\nHIV/HBV) is hereby established in the department. This panel shall …

§ 2761. Function, powers and duties. 1. The health care worker\nHIV/HBV advisory panel shall only evaluate and advise an HIV/HBV\ninfected health care worker who voluntarily seeks the panel's review of\nthe risk of HIV/HBV transmission to others through his/her workplace\npracti…

§ 277. Review and reports. 1. The commissioner, in consultation with\nthe drug utilization review board, shall undertake periodic reviews, at\nleast annually, of the preferred drug program which shall include\nconsideration of:\n (a) the volume of prior authorizations being hand…

§ 2775. The acquired immune deficiency syndrome institute. 1. There\nis hereby established within the department of health the acquired\nimmune deficiency syndrome institute. The institute shall have the\ncentral responsibility for administering the provisions of this article\na…

§ 2776. Powers and duties. 1. The institute shall have the following\npowers and duties:\n (a) to develop and promote scientific investigations into the cause,\nprevention, methods of treatment, and cure of the acquired diseases of\nimmunosuppression;\n (b) to develop and promot…

§ 2777. Research council. 1. There shall be established within the\ninstitute a research council composed of seven members to be appointed\nby the commissioner. The members shall be representative of recognized\ncenters engaged in the scientific investigation of acquired\nimmuno…

§ 2778. Advisory council. 1. There shall be established within the\ninstitute an advisory council composed of seventeen members who shall be\nappointed in the following manner: three shall be appointed by the\ntemporary president of the senate and one by the minority leader of t…

§ 2779. Reports by the commissioner. The commissioner shall make a\nfirst preliminary report to the governor and the legislature of its\nfindings, conclusions, and recommendations not later than December\nfirst, nineteen hundred eighty-three, a second preliminary report of its\n…

§ 278. Prescription drug retail price lists. 1. The department shall\nmake prescription drug retail price lists of pharmacies, with the name\nand address of each pharmacy, available to the public in a database on\nits website at all times. The website shall enable consumers to s…

§ 278-a. Exceptions to drug prescription supply during an emergency.\nThe commissioner shall promulgate a list of prescription drugs that\nshall not be subject to subsection (c) of section three thousand two\nhundred forty-two and subsection (c) of section four thousand three\nh…

§ 2780. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "AIDS" means acquired immune deficiency syndrome, as may be defined\nfrom time to time by the centers for disease control of the United\nStates public health service.\n 2. …

§ 2781. HIV related testing. 1. Except as provided in section three\nthousand one hundred twenty-one of the civil practice law and rules, or\nunless otherwise specifically authorized or required by a state or\nfederal law, no person shall order the performance of an HIV related\…

§ 2781-a. Required offering of HIV related testing. 1. Every\nindividual age thirteen and older (or younger than thirteen if there is\nevidence or indication of risk activity) who receives health services as\nan inpatient or in the emergency department of a general hospital\ndef…

§ 2782. Confidentiality and disclosure. 1. No person who obtains\nconfidential HIV related information in the course of providing any\nhealth or social service or pursuant to a release of confidential HIV\nrelated information may disclose or be compelled to disclose such\ninform…

§ 2783. Penalties; immunities. 1. Any person who shall:\n (a) perform, or permit or procure the performance of, an HIV related\ntest in violation of section twenty-seven hundred eighty-one of this\narticle; or\n (b) disclose, or compel another person to disclose, or procure the\…

§ 2784. Applicability to insurance institutions and insurance support\norganizations. Except for disclosure to third party reimbursers and\ninsurance institutions pursuant to paragraphs (i) and (j) of subdivision\none of section twenty-seven hundred eighty-two of this article an…

§ 2785. Court authorization for disclosure of confidential HIV related\ninformation. 1. Notwithstanding any other provision of law, no court\nshall issue an order for the disclosure of confidential HIV related\ninformation, except a court of record of competent jurisdiction in\n…

§ 2785-a. Court order for HIV related testing in certain cases. 1.\nNotwithstanding any contrary provision of law or regulation, a state,\ncounty or local public health officer to whom an order or a consent for\nan HIV test is addressed or sent, in accordance with section 390.15…

§ 2786. Rules and regulations; forms; report. 1. The commissioner\nshall promulgate rules and regulations concerning implementation of this\narticle for health facilities, health care providers and other persons\nto whom this article is applicable. The commissioner shall also de…

§ 2787. Separability. If any section, clause or provision of this\narticle shall be deemed by any court of competent jurisdiction to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, it shall be valid and\neff…

§ 279. Prescriber education. The department shall develop in\ncollaboration with an academic institution a program designed to provide\nprescribers with an evidence-based, non-commercial source of the latest\nobjective information about pharmaceuticals. Information shall be\npre…

* § 2795. New York state adult cystic fibrosis assistance program. 1.\nSubject to available appropriation for the purpose outlined in this\narticle, the department shall establish an adult cystic fibrosis\nassistance program, which shall be known as the "New York State Adult\nCy…

§ 2796. Special programs with respect to diabetes. The commissioner\nshall establish within the department a program to promote research and\npatient education regarding diabetes. To carry out the purposes of this\nsection, the commissioner shall have the following powers and du…

§ 2797. Tick-borne disease institute. 1. There is hereby established\nwithin the department the tick-borne disease institute. The institute\nshall have responsibility for administering the provisions of this\narticle and otherwise coordinating the state's policies with respect t…

§ 2798. Powers and duties. The tick-borne disease institute\nestablished by section twenty-seven hundred ninety-seven of this article\nshall have the following powers and duties:\n 1. to develop and promote investigations into the cause, prevention,\ndetection, spread, methods o…

§ 2799-o. New York wellness works; program established. 1. The New\nYork wellness works program is hereby established as a partnership\nbetween the state and employers to encourage health screening, education\nand incentives tailored to employees' specific needs to help promote\…

§ 2799-q. Participation in New York wellness works. The commissioner,\nin consultation with the advisory panel, shall establish criteria for\nimplementation and operation of the New York wellness works program,\nwhich at a minimum shall include:\n (a) applicant eligibility and s…