A08511 Summary:

BILL NO    A08511A

SAME AS    No same as 

SPONSOR    Cahill (MS)

COSPNSR    Hoyt, Markey, Fields, Cymbrowitz, Espaillat, Jaffee

MLTSPNSR   Brennan, Destito, Gabryszak, Pheffer



Establishes an eleven member genetics advisory council; provides for its
powers, functions and duties; provides for a preliminary report to the governor
and legislature before March 1, 2011 and a final report by December 1, 2011 on
issues relating to genetic counseling, genetic testing and public education.
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A08511 Actions:

BILL NO    A08511A

05/26/2009 referred to governmental operations
06/03/2009 reported referred to ways and means
06/15/2009 reported referred to rules
06/15/2009 reported 
06/15/2009 rules report cal.299
06/15/2009 ordered to third reading rules cal.299
06/16/2009 passed assembly
06/16/2009 delivered to senate
06/18/2009 REFERRED TO RULES
01/06/2010 DIED IN SENATE
01/06/2010 RETURNED TO ASSEMBLY
01/06/2010 ordered to third reading cal.599
03/11/2010 amended on third reading 8511a
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A08511 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        8511--A
                                                               Cal. No. 599

                              2009-2010 Regular Sessions

                                 I N  A S S E M B L Y

                                     May 26, 2009
                                      ___________

       Introduced by M. of A. CAHILL, HOYT, MARKEY, FIELDS, CYMBROWITZ, ESPAIL-
         LAT,  JAFFEE  --  Multi-Sponsored  by  --  M.  of A. BRENNAN, DESTITO,
         GABRYSZAK, PHEFFER -- read once  and  referred  to  the  Committee  on
         Governmental  Operations  --  reported  from  committee, advanced to a
         third reading, amended and ordered reprinted, retaining its  place  on
         the order of third reading

       AN ACT in relation to establishing a genetics advisory council

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

    1    Section 1. Genetics advisory council. 1. The New York  state  genetics
    2  advisory  council  is  hereby  established.  It  shall consist of eleven
    3  members appointed by the governor, three of whom shall  be  nominees  of
    4  the  temporary  president of the senate, three of whom shall be nominees
    5  of the speaker of the assembly, three of whom shall be nominees  of  the
    6  commissioner  of  health, one of whom shall be a nominee of the minority
    7  leader of the senate, and one of whom shall be a nominee of the minority
    8  leader of the assembly.   Of the eleven members,  no  fewer  than  three
    9  shall be practicing genetic counselors with at least five years' profes-
   10  sional  experience  in  the state of New York, one nominated each by the
   11  department of health, the temporary president  of  the  senate  and  the
   12  speaker  of  the  assembly;  no fewer than two shall be clinical geneti-
   13  cists, medical geneticists or genetic laboratory specialists  (molecular
   14  biologists with a genetics specialization) both nominated by the depart-
   15  ment  of  health;  two shall be bio-ethicists associated with a research
   16  institute in bio-medical ethics located in New York state one each nomi-
   17  nated by the temporary president of the senate and the  speaker  of  the
   18  assembly;  no  fewer than one shall be associated with an advocacy group
   19  for persons suffering from or genetically predisposed to  a  genetically
   20  influenced  disease; and no fewer than one representative from an insur-
   21  ance company shall be an expert on the topic of the use of genetic test-
   22  ing by insurers. Membership on the advisory council shall  be  geograph-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00624-02-0
       A. 8511--A                          2

    1  ically  representative  of the state. The members shall serve three year
    2  terms, except that of the first three nominees of the  temporary  presi-
    3  dent of the senate, the speaker of the assembly, and the commissioner of
    4  health, in each case, one shall serve for four years and one shall serve
    5  for two years. The chairperson shall be selected by majority vote of the
    6  members  of  the  council.  The  council  shall  meet at the call of the
    7  commissioner of health, but no less than three  times  per  year.  Seven
    8  members shall constitute a quorum.
    9    2.  The members of the council shall receive no compensation for their
   10  services as members of the council, but each of them  shall  be  allowed
   11  the  necessary  and  actual  expenses which he or she shall incur in the
   12  performance of his or her duties under this section. The  department  of
   13  health  shall provide staff and support necessary for the advisory coun-
   14  cil to carry out its duties and responsibilities.
   15    3. The genetics advisory council shall study and make  recommendations
   16  to the governor and the legislature with respect to:
   17    (a)  the  need  for  legislation to register, certify or license those
   18  persons providing the services  of  genetic  counseling,  including  any
   19  continuing  professional  education  necessary to ensure the currency of
   20  their knowledge of the rapidly developing field of genetics;
   21    (b) ensuring the availability of adequate professional  genetic  coun-
   22  seling to individuals found to have a genetic risk with potential conse-
   23  quences to their health;
   24    (c)  creating an environment in which there is equitable access to the
   25  benefits of genetic tests to all citizens regardless of race,  ethnicity
   26  or economic status;
   27    (d)  the use of any genetic test by insurers, employers or educational
   28  institutions, including the potential for  compromising  the  individual
   29  liberties  and  civil  rights  of  individuals or causing individuals to
   30  suffer unfair discrimination;
   31    (e) identify those genetic tests which predict with very  high  proba-
   32  bility  life-threatening  diseases or severe disability and to recommend
   33  genetic counseling by designated professionals as a necessary  component
   34  of informed consent to undergo such tests;
   35    (f)  criteria by which primary care and other physicians should recog-
   36  nize the need to refer patients for genetic counseling; and
   37    (g) make recommendations regarding available public education  includ-
   38  ing technology and biotechnology related initiatives, and to make recom-
   39  mendations regarding genetic professional training requirements.
   40    4.  The  advisory  council  shall  submit  a preliminary report to the
   41  governor and the legislature on or before March 1,  2011,  and  a  final
   42  report on or before December 1, 2011.
   43    S 2. This act shall take effect immediately.
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