2023 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.