Requires the commissioner of health to establish and maintain a list of toxins which members of the military may have come into contact with; requires doctors to ask patients whether they have served in the military.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5469
SPONSOR: Smith TITLE OF BILL:
An act to amend the public health law, in relation to requiring the
department of health to establish and maintain a list of toxins which
members of the military may have come into contact with and requiring
doctors to ask patients whether they have served in the military
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent the wrongful diagnoses of veter-
ans.
SUMMARY OF PROVISIONS:
Section 1 of this bill amends Section 206 of the public health law by
adding a new subdivision 31.
Section 2 of this bill amends the public health law by adding a new
article 38-A.
Section 3 is the effective date.
JUSTIFICATION:
Exposure to certain toxins while enlisted in the military can sometimes
demonstrate symptoms or side effects that are similar to other medical
Conditions. Therefore, many veterans are being misdiagnosed by their
doctors and not receiving the correct treatment. By making this list of
toxins available to physicians, it will give doctors an indication of
possible exposures and the side effects in order to make sure that
veterans are being properly diagnosed.
PRIOR LEGISLATIVE HISTORY:
2021-2022- A4731 - Held for consideration in Health
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
effective immediately, the addition and/or repeal of any rule or regu-
lation necessary for the implementation of this act on its effective
date are authorized and directed to be made and completed on or before
such effective date.
STATE OF NEW YORK
________________________________________________________________________
5469
2023-2024 Regular Sessions
IN ASSEMBLY
March 10, 2023
___________
Introduced by M. of A. SMITH -- read once and referred to the Committee
on Health
AN ACT to amend the public health law, in relation to requiring the
department of health to establish and maintain a list of toxins which
members of the military may have come into contact with and requiring
doctors to ask patients whether they have served in the military
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 206 of the public health law is amended by adding a
2 new subdivision 32 to read as follows:
3 32. The commissioner shall compile and periodically update a list of
4 toxic materials or harmful physical agents which members of the military
5 may have come into contact with as a result of military service. The
6 commissioner may consult with the Veterans Administration to assist in
7 the compilation of such list. The list shall be provided to all persons
8 licensed to practice medicine in accordance with article one hundred
9 thirty-one of the education law.
10 § 2. The public health law is amended by adding a new article 38-A to
11 read as follows:
12 ARTICLE 38-A
13 VETERANS HEALTH
14 Section 3810. Toxic materials and harmful physical agents.
15 § 3810. Toxic materials and harmful physical agents. All doctors
16 licensed to practice medicine in accordance with article one hundred
17 thirty-one of the education law shall ask each patient whether he or she
18 has served in the military and whether he or she has been exposed to any
19 of the toxic materials or harmful physical agents included in the list
20 compiled by the commissioner, pursuant to subdivision thirty-two of
21 section two hundred six of this chapter. When a doctor is diagnosing a
22 patient who has served in the military and who may have been exposed to
23 any of the toxic materials or harmful physical agents included in such
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01030-01-3
A. 5469 2
1 list, the doctor shall include consideration of the patient's known or
2 possible exposure to such toxic materials or harmful physical agents
3 when forming a diagnosis.
4 § 3. This act shall take effect immediately. Effective immediately,
5 the addition and/or repeal of any rule or regulation necessary for the
6 implementation of this act on its effective date are authorized and
7 directed to be made and completed on or before such effective date.
