N.Y. Pub. Health Law § 2401

Current through 2024 NY Law Chapter 457

Section 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.

N.Y. Pub. Health Law § 2401