N.Y. Public Health Law § 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.