NY Pub Health L § 2401 (2021)
2021 New York Laws PBH - Public Health Article 24 - Control of Malignant Diseases Title 1 - General Provisions 2401 - Cancer; Duty to Report.

§  2401. Cancer; duty to report. 1. Every physician, dentist and other   health care provider shall give notice immediately but  not  later  than   one  hundred  eighty  days  of  every  case of cancer or other malignant   disease coming under his or her  care,  to  the  department,  except  as   otherwise provided.2.  Whenever  an  examination  of  a  tissue  specimen in a laboratory   discloses the existence of cancer or other malignant disease, the person   in charge of such laboratory or the person making such examination shall   immediately but not later than one hundred eighty days report  the  same   together with all the facts in connection therewith to the department.3.  The  person  in  charge  of  every cancer reporting facility shall   immediately but not later than one hundred eighty days  give  notice  of   every  case  of cancer or malignant disease coming under the care of the   institution to the department.4. All abstracting work  performed  by  a  cancer  reporting  facility   pursuant  to the reporting provisions of this section shall be performed   by  a  certified  tumor  registrar.  Cancer  reporting  facilities   may   establish consortia to engage a certified tumor registrar to perform the   reporting requirements of this section. A "certified tumor registrar" is   an  individual  certified  by  a  nationally  recognized  not-for-profit   organization which certifies tumor registrars. The  provisions  of  this   subdivision  shall  not  apply  to  any  cancer reporting facility which   renders services for one hundred or fewer cases of cancer and  malignant   disease per year as determined by the commissioner.5.  The  department  shall  establish and update as necessary a manual   designating which specific  data  elements  shall  be  reported  to  the   department  pursuant  to  this  section.  The department shall make such   manual available to every cancer reporting facility, physician,  dentist   and other health care provider required to comply with the provisions of   this section.6.  The  department  shall  establish  and  update as necessary a data   dictionary to standardize information interpretation  of  data  elements   reported by cancer reporting facilities and other health care providers.   The  department  shall  make  such  dictionary available to every cancer   reporting facility, physician, dentist and other  health  care  provider   required to comply with the provisions of this section.7.  The  department  shall,  to  the  extent funds are made available,   establish or contract for regional training programs to provide training   to any cancer reporting facility, physician,  dentist  or  other  health   care  provider  required  to comply with the provisions of this section.   Such regional training programs shall provide training relating  to  the   specific  data elements which must be reported pursuant to this section,   the data dictionary established pursuant to this section, and any  other   subjects  which  are  intended  to  ensure  quality, timely and complete   compliance with this section.8. The department shall, meet cancer registry goals established  by  a   nationally  recognized  central  cancer registry organization unless any   such goal is contrary to any provision of law.9. Where  a  cancer  reporting  facility  fails  to  comply  with  the   provisions of this section, the department may elect to perform registry   services  for  such  facility.  Such  cancer  reporting  facility  shall   reimburse the department for actual expenses incurred.10. A physician, dentist, laboratory,  cancer  reporting  facility  or   other  health care provider which violates any provision of this section   shall be subject to a civil penalty as provided  in  section  twelve  of   this chapter. 11.  The notices required by this section shall be upon forms supplied   by the commissioner and shall  contain  such  information  as  shall  be   required by the commissioner.12.  For  the  purpose  of this section, a "cancer reporting facility"   means a hospital as defined in article  twenty-eight  of  this  chapter,   clinic  or  any organization certified pursuant to article forty-four of   this chapter, or other similar public or private institution.13. The commissioner shall have the power to promulgate any such rules   and regulations as shall be  necessary  and  proper  to  effectuate  the   purposes of this section.