N.Y. Veterans' Services Law § 25: Veterans health screening

§ 25. Veterans health screening. 1. As used in this section: a.

"Eligible member" means a member of the New York army national guard or

the New York air national guard who served in the Persian Gulf War, as

defined in 38 USC 101, or in an area designated as a combat zone by the

president of the United States during Operation Enduring Freedom or

Operation Iraqi Freedom;

b. "Veteran" means a person as defined in section one of this article

who is a resident of the state;

c. "Military physician" includes a physician who is under contract

with the United States department of defense to provide physician

services to members of the uniformed services; and

d. "Depleted uranium" means uranium containing less uranium-235 than

the naturally occurring distribution of uranium isotopes.

2. On and after February first, two thousand seven, the adjutant

general and the state commissioner shall assist any eligible member or

veteran who has been experiencing health problems. Such problems may

include exposure to toxic materials or harmful physical agents such as

depleted uranium. An eligible member or veteran who has been assigned a

risk level I, II or III for depleted uranium exposure by his or her

branch of service, is referred by a military physician, or has reason to

believe that he or she was exposed to toxic materials or harmful

physical agents such as depleted uranium during such service, in

obtaining federal treatment services. Such treatment shall include, but

not be limited to, a best practice health screening test for exposure to

depleted uranium using a bioassay procedure involving sensitive methods

capable of detecting depleted uranium at low levels and the use of

equipment with the capacity to discriminate between different

radioisotopes in naturally occurring levels of uranium and the

characteristic ratio and marker for depleted uranium. As more scientific

reliable tests become available such test shall be included in the

treatment protocol. No state funds shall be used to pay for such tests

or such other federal treatment services.

3. On or before February first, two thousand seven, the adjutant

general shall submit a report to the chair of the senate veterans,

homeland security and military affairs committee and the chair of the

assembly veterans' affairs committee on the scope and adequacy of

training received by members of the New York army national guard and the

New York air national guard on detecting whether their service as

eligible members is likely to entail, or to have entailed, exposure to

toxic materials or harmful physical agents such as depleted uranium. The

report shall include an assessment of the feasibility and cost of adding

predeployment training concerning potential exposure to depleted uranium

and other toxic chemical substances and the precautions recommended

under combat and noncombat conditions while in a combat theater or

combat zone of operations.