NY Pub Health L § 2411 (2021)
2021 New York Laws PBH - Public Health Article 24 - Control of Malignant Diseases Title 1-B - Health Research Science Board 2411 - Powers and Duties of the Board.

§ 2411. Powers and duties of the board. 1. The board shall:  (a)   Survey   state   agencies,  boards,  programs  and  other  state governmental entities to assess what, if any, relevant data has been  or is  being collected which may be of use to researchers engaged in breast cancer research;  (b) Consistent with the survey conducted pursuant to paragraph (a)  of this  subdivision,  compile  a  list of data collected by state agencies which may be of assistance  to  researchers  engaged  in  breast  cancer research  as  established  in section twenty-four hundred twelve of this title;  (c) Consult with the Centers for Disease Control and  Prevention,  the National Institutes of Health, the Federal Agency For Health Care Policy and  Research,  the National Academy of Sciences and other organizations or entities which may be involved in cancer  research  to  solicit  both information regarding breast cancer research projects that are currently being conducted and recommendations for future research projects;  (d) Review requests made to the commissioner for access to information pursuant  to  paragraph  b  of  subdivision  one  of section 33-1203 and paragraph c of subdivision two of section 33-1205 of  the  environmental conservation law for use in human health related research projects. Such data  shall  only  be  provided  to  researchers engaged in human health related research. The request made by such researchers shall  include  a copy of the research proposal or the research protocol approved by their institution and copies of their institution's Institutional Review Board (IRB)  or equivalent review board approval of such proposal or protocol. In the case of research conducted outside the auspices of an institution by a researcher  previously  published  in  a  peer-reviewed  scientific journal,  the  board  shall  request copies of the research proposal and shall deny access to the site-specific and nine-digit zip code pesticide data if the board determines that such proposal does not follow accepted scientific practice for the design of  a  research  project.  The  board shall  establish guidelines to restrict the dissemination by researchers of the name, address or other information that would otherwise  identify a commercial applicator or private applicator or any person who receives the services of a commercial applicator;  (e)  Solicit, receive, and review applications from public and private agencies and  organizations  and  qualified  research  institutions  for grants  from  the  breast  cancer  research  and education fund, created pursuant to section ninety-seven-yy of the state finance law, to conduct research or educational programs which focus on the causes,  prevention, screening,  treatment and cure of breast cancer and may include, but are not  limited  to  mapping  of  breast  cancer,  and  basic,  behavioral, clinical,  demographic,  environmental,  epidemiologic  and psychosocial research. The board shall make recommendations to the commissioner,  and the  commissioner  shall,  in  his  or her discretion, grant approval of applications for grants  from  those  applications  recommended  by  the board.  The board shall consult with the Centers for Disease Control and Prevention, the National Institutes of Health, the  Federal  Agency  For Health  Care  Policy  and  Research,  the  National Academy of Sciences, breast cancer advocacy groups, and other organizations or entities which may be involved in breast cancer research to  solicit  both  information regarding  breast  cancer  research  projects  that  are currently being conducted and recommendations for future research projects. As  used  in this  section,  "qualified  research  institution"  may include academic medical institutions, state or  local  government  agencies,  public  or private  organizations  within  this  state,  and  any other institution approved by the department, which is conducting a breast cancer research project or educational program. If a board member submits an application  for a grant from the breast cancer research and education  fund,  he  or she  shall  be  prohibited from reviewing and making a recommendation on the application;  (f)  Consider,  based  on  evolving  scientific  evidence,  whether  a correlation exists between pesticide use and pesticide exposure. As part of such  consideration  the  board  shall  make  recommendations  as  to methodologies which may be utilized to establish such correlation;  (g)  After two years of implementation of pesticide reporting pursuant to section 33-1205 of the  environmental  conservation  law,  the  board shall compare the percentage of agricultural crop production general use pesticides  being  reported to the total amount of such pesticides being used  in  this  state  as  estimated  by  Cornell  University,   Cornell Cooperative Extension, the department of environmental conservation, and the Environmental Protection Agency;  (h)  Meet  at least six times in the first year, at the request of the chair and at any other time as the  chair  deems  necessary.  The  board shall meet at least two times a year and as needed thereafter. Provided, however,  that  at  least  one  such  meeting  a  year shall be a public hearing,  at  which  the  general  public  may  question   and   present information  and  comments to the board with respect to the operation of the health research  science  board,  the  breast  cancer  research  and education fund, and pesticide reporting established pursuant to sections 33-1205  and  33-1207  of  the  environmental  conservation law. At such hearing,  the  commissioner   of   the   department   of   environmental conservation  or  his  or  her designee shall make a report to the board with respect to  the  efficiency  and  utility  of  pesticide  reporting established   pursuant   to   sections   33-1205   and  33-1207  of  the environmental conservation law. Should the existing bylaws be amended by the board, any such amendments shall be consistent with the revisions of this paragraph;   2. The commissioner shall request that the department of environmental conservation compile information pursuant to paragraph b of  subdivision one  of  section  33-1203  of  the  environmental  conservation  law  as necessary to fulfill board approved requests, pursuant to paragraph  (d) of subdivision one of this section.   3. The commissioner shall provide the board with such staff assistance and  support  services  as  are  necessary  for the board to perform the functions required of it under this section.