N.Y. Public Health Law § 2404-a: Prostate cancer; duty to inform

§ 2404-a. Prostate cancer; duty to inform. 1. The commissioner shall

develop a standardized written summary, in plain non-technical language,

which shall explain the following:

(a) the symptoms and risk factors for prostate cancer;

(b) the available methods for the detection and diagnosis of prostate

cancer, including information on the relative accuracy of the available

detection and diagnostic techniques;

(c) the availability of insurance coverage for diagnostic screening

for prostate cancer without cost sharing pursuant to subparagraph (B) of

paragraph eleven-a of subsection (i) of section three thousand two

hundred sixteen, subparagraph (B) of paragraph eleven-a of subsection

(1) of section three thousand two hundred twenty-one and paragraph two

of subsection (z-1) of section four thousand three hundred three of the

insurance law; and

(d) the alternative medically viable methods of treating prostate

cancer, including but not limited to hormonal, radiological,

chemotherapeutic or surgical treatments, or combinations thereof. The

summary shall contain information on prostate post-treatment risks and

other pertinent information to aid a person in deciding a course of

treatment. The summary shall be updated as is necessary.

2. The summary shall be provided to any health care provider or

practitioner providing medical treatment to adult men without charge or

fee for distribution in accordance with subdivision three of this

section.

3. The standardized written summary provided for by subdivision one of

this section may be provided by a health care provider to each person

under his or her care who is or may be at risk for prostate cancer or

who has been diagnosed to be afflicted with prostate cancer upon said

diagnosis, or as soon thereafter as practicable.

4. Nothing in this section shall be construed to create a cause of

action for lack of informed consent in any instance in which such cause

of action would be limited by section twenty-eight hundred five-d of

this chapter.

5. The commissioner shall have the written summary, required by this

section, completed and prepared for distribution on or before January

first, nineteen hundred ninety-eight.