Title PBH, Public Health

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

§ 2720. Legislative declaration. The rising incidence of heart disease, strokes and hypertension over the past twenty years has caused increasing awareness and concern among public health officials and private practitioners. It is imperative that new concepts be developed to com…

§ 2721. Mary Lasker Heart and Hypertension Institute; organization. The commissioner shall establish within the department a heart and hypertension institute to be named the Mary Lasker Heart and Hypertension Institute for the purpose of promoting the screening, evaluation and m…

§ 2722. Commissioner; functions, powers and duties. In order to further the declared purposes of this article, the commissioner shall have the following functions, powers and duties: 1. to conduct scientific investigations into the causes, prevention, evaluation and treatment of…

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

§ 2724. Commissioner; additional functions, powers and duties. In order to further the declared purposes of this title, the commissioner shall have the following functions, powers and duties: 1. to develop programs for screening, evaluation and treatment of hypertension; 2. to e…

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

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

§ 2731. Birth defects institute. The commissioner shall establish within the department a birth defects institute for the purposes of initiating and conducting investigations of the causes, mortality, methods of treatment, prevention and cure of birth defects and genetic and all…

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

§ 2733. Reporting of birth defects; confidentiality of information. 1. Birth defects and genetic and allied diseases shall be reported by physicians, hospitals, and persons in attendance at births in the manner and on such forms as may be prescribed by the commissioner. 2. Such …

§ 274. Clinical drug review program. 1. In addition to the preferred drug program established by this article, the commissioner may establish a clinical drug review program. The commissioner may, from time to time, require prior authorization under such program for prescription …

§ 2740. Traumatic brain injury program. The department shall have the central responsibility for administering the provisions of this article and otherwise coordinating the state's policies with respect to traumatic brain injury, in consultation with the office for people with d…

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

§ 2742. Functions, powers and duties of the department. The department shall have the following powers and duties: 1. to develop a comprehensive statewide program that includes medical, housing, vocational, educational, transportation, social, personal care, family support, day …

§ 2743. Funding of traumatic brain injury services. 1. The department shall develop a biennial plan and priorities for the funding of services and programs as authorized by this article, with emphasis on the development and expansion of community-based services and programs. 2. …

§ 2744. The traumatic brain injury services coordinating council. 1. The traumatic brain injury services coordinating council is hereby established and shall consist of the following persons or their designees: the commissioner, the commissioner of the office for people with dev…

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

§ 275. Applicability of prior authorization to EPIC. The panel shall, no later than April first, two thousand eight, proceed to make prior authorization under the preferred drug program and the clinical review drug program, under this article, applicable to prescriptions under E…

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

§ 2751. New York state burns care institute; organization. 1. The New York state burns care institute is hereby created within the department of health. 2. The commissioner shall appoint a director of the institute and may employ such assistants and personnel as are necessary to…

§ 2752. Functions, powers and duties. In order to further the declared purposes of this article, the institute shall have the following functions, powers and duties: 1. To contract with such regional burns care centers as the commissioner may determine, and on connection therewi…

§ 276. Education and outreach. The department or the panel may conduct education and outreach programs for consumers and health care providers relating to the safe, therapeutic and cost-effective use of prescription drugs and appropriate treatment practices for containing prescr…

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

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

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

§ 2775. The acquired immune deficiency syndrome institute. 1. There is hereby established within the department of health the acquired immune deficiency syndrome institute. The institute shall have the central responsibility for administering the provisions of this article and o…

§ 2776. Powers and duties. 1. The institute shall have the following powers and duties: (a) to develop and promote scientific investigations into the cause, prevention, methods of treatment, and cure of the acquired diseases of immunosuppression; (b) to develop and promote progr…

§ 2777. Research council. 1. There shall be established within the institute a research council composed of seven members to be appointed by the commissioner. The members shall be representative of recognized centers engaged in the scientific investigation of acquired immunosupp…

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

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

§ 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 thousand one hundred twenty-one of the civil practice law and rules, or unless otherwise specifically authorized or required by a state or federal law, no person shall order the performance of an HIV related tes…

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

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

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

§ 2784. Applicability to insurance institutions and insurance support organizations. Except for disclosure to third party reimbursers and insurance institutions pursuant to paragraphs (i) and (j) of subdivision one of section twenty-seven hundred eighty-two of this article and e…

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

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

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

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

§ 279. Prescriber education. The department shall develop in collaboration with an academic institution a program designed to provide prescribers with an evidence-based, non-commercial source of the latest objective information about pharmaceuticals. Information shall be present…

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

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

§ 2797. Tick-borne disease institute. 1. There is hereby established within the department the tick-borne disease institute. The institute shall have responsibility for administering the provisions of this article and otherwise coordinating the state's policies with respect to l…

§ 2798. Powers and duties. The tick-borne disease institute established by section twenty-seven hundred ninety-seven of this article shall have the following powers and duties: 1. to develop and promote investigations into the cause, prevention, detection, spread, methods of tre…

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

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