N.Y. Public Health Law § 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.