§ 207 — Health care and wellness education and outreach program

New York § 207

• Jurisdiction: New York
• Law PBH: Public Health
• Title 1: Officers and Employees
• Art. 2: The Department of Health

Text

§ 207. Health care and wellness education and outreach program. 1.\nThere is hereby created within the department the health care and\nwellness education and outreach program. The department may conduct\neducation and outreach programs for consumers, patients, educators,\nincluding but not limited to elementary and secondary school educators,\nand health care providers relating to any health care matters the\ncommissioner deems appropriate and:\n (a) Various health conditions, diseases and health care procedures and\ntreatment options, including but not limited to those for breast,\ncervical, colorectal, prostate, testicular, skin, and ovarian cancer,\nshaken baby syndrome, reflex sympathetic dystrophy syndrome and\npost-polio sequelae.\n (b) Recommended preventative and wellness practices and services,\nincluding evidence based age and gender appropriate testing and\nscreening exams and immunization schedules.\n (c) Lymphedema and lymphatic disease, an abnormal swelling of the\nextremities including the causes, symptoms of primary lymphedema,\nsecondary lymphedema and lymphatic disease, prevention, early diagnosis,\noptions for treatment and therapy, long-term chronic care issues, the\nvalue of early detection, possible options for treatment including their\nbenefits and risks, and other relevant information and the\nrecommendation that hospitals treating breast cancer patients implement\na lymphedema alert program by placing a bright pink wristband on the\npatient's affected arm. Links to national lymphedema and lymphatic\ndisease organizations shall be provided as part of the informational\nsummary and electronically through the department's websites.\n (d) The need for and importance of organ and tissue donation,\nincluding living donation, including information about being registered\nas an organ and tissue donor and executing documents of gift under\narticle forty-three of this chapter; and information to increase patient\nunderstanding about the medical option of transplant and its\ndesirability. The department shall consult with the transplant council\non the production of any such information and ensure that such\ninformation is culturally and linguistically appropriate for all\nrecipients.\n (e) The commissioner shall establish a statewide advance care planning\ncampaign to:\n (i) promote public awareness of hospice and palliative care services;\nand palliative care options for patients with a terminal illness or\ncondition;\n (ii) inform the public of the importance of advance care planning and\nthe individual's right to direct and participate in health care\ndecisions affecting the individual;\n (iii) educate individuals on the tools available to ensure their\nhealth care decisions are honored; and\n (iv) the need and importance for consumers and patients to have an\nadvance directive, particularly a health care proxy, and the need and\nimportance for health care providers to play a leadership role in\ndiscussing end-of-life care preferences and values with patients and to\nprovide patients with health care proxy forms.\n (f) Uterine fibroids, an abnormal growth that occurs in the uterus,\nincluding the causes and symptoms of uterine fibroids, the value of\nearly detection, possible options for treatment including their benefits\nand risks, information on the elevated risk for minority women and other\nrelevant information.\n (g) Improving birth outcomes, including the importance of\npreconceptional care, early prenatal care, considerations of health\nrisks during pregnancy, considerations of benefits and risks of labor\nand delivery options including, but not limited to, vaginal and cesarean\nsection delivery, elective or repeat cesarean sections, and appropriate\nuse of drugs during delivery. There shall also be education and outreach\nconcerning spina bifida, a permanently disabling birth defect occurring\nat the end of the first month of pregnancy which involves the incomplete\ndevelopment of the spinal cord or its coverings, and the importance of\nencouraging all women in their child-bearing years to increase their\nfolic acid intake in order to reduce the incidence of spina bifida.\n * (h)(i) Down syndrome including up-to-date and evidence-based\ninformation about Down syndrome, not limited to the following:\n (1) expected physical, developmental, educational, and psychosocial\noutcomes;\n (2) life expectancy;\n (3) the clinical course description;\n (4) expected intellectual and functional development;\n (5) available intervention or treatment options;\n (6) information hotlines specific to Down syndrome;\n (7) relevant resource centers or clearinghouses;\n (8) national and local Down syndrome organizations; and\n (9) any other information the department deems necessary.\n Such information shall be provided electronically through the\ndepartment's website.\n (ii) The commissioner shall (1) examine and utilize existing practices\nto ensure that the information provided under subparagraph (i) of this\nparagraph is culturally and linguistically appropriate for all\nrecipients; and (2) meet with representatives from the Down syndrome\ncommunity as necessary to ensure such information is current.\n * NB There are 3 par (h)'s\n * (h) Drug-induced movement disorders, including the importance of\nscreening for and identifying symptoms of drug-induced movement\ndisorders, treatment for drug-induced movement disorders, and\ninformation on methods by which the stigma experienced by people living\nwith drug-induced movement disorders related to the treatment of mental\nhealth conditions may be reduced or eliminated. Any such educational\nmaterials disseminated to healthcare providers shall be developed in\nconsultation with the commissioner of the office of mental health,\ndisseminated by the department in coordination with relevant healthcare\nprovider groups, and shall include best practices for the treatment and\nscreening of movement disorders informed by the American Psychiatric\nAssociation and other professional society practice guidelines.\n * NB There are 3 par (h)'s\n * (h) Births of infants with congenital heart defects, including\ntreatment recommendations, and any other information the commissioner\ndeems appropriate.\n * NB There are 3 par (h)'s\n (i) About the short term and long term adverse health risks to adults\nand children who become overweight, obese or underweight. The\ninformation shall include, but need not be limited to providing\ncitations to the department's website, as well as any other websites\nproviding information on the subject.\n * (j) Maternal depression, including information about education,\nscreening, referral services, and possible options for treatment.\n * NB There are 2 par (j)'s\n * (j) The eating disorders awareness and prevention program shall be\ndesigned to promote the awareness of eating disorders and available\nservices, as well as to prevent and reduce the incidence and prevalence\nof eating disorders, especially among children and adolescents.\n * NB There are 2 par (j)'s\n * (k) Donating umbilical cord blood to a public cord blood bank.\n * NB There are 3 par (k)'s\n * (k) The availability of individual, family and group counseling\nprograms, education programs, and advocacy services provided at no cost\nby governmental agencies and not-for-profit organizations for victims of\nany sexual offense which constitutes a crime and for victims of child\npornography promotion or possession.\n * NB There are 3 par (k)'s\n * (k) The physical, sexual and psychological consequences of\nundergoing female genital mutilation, including the practice of\n"vacation cutting" whereby girls are sent out of state or the country to\nundergo female genital mutilation, typically during school vacations.\n * NB There are 3 par (k)'s\n (l) The dangers of women's cancers, including ways to prevent and\nseverity of such diseases. For purposes of this paragraph, women's\ncancers shall mean and include: cervical, endometrial, gestational\ntrophoblastic tumor, ovarian, uterine sarcoma, vaginal, and vulvar.\n * (m) A Lyme disease and tick-borne infection awareness and prevention\nprogram designed to promote the awareness and prevention methods against\nLyme disease and tick-borne infections. Such information shall include\nbut not be limited to guidelines and methods of prevention, including\nthe safe use of recommended insect repellents, the best practices for\ntick removal, recommendations for the reduction of exposure to ticks and\nappropriate course of action once a tick is removed from the body.\n * NB There are 3 par (m)'s\n * (m) The department shall conduct such a program relating to breast\ndensity, which shall include, but not be limited to, educational\ninformation regarding the meaning and potential health consequences of\nhaving dense breast tissue, the impact of dense breast tissue on\nmammographic screening for breast cancer and supplemental breast cancer\nscreening techniques, and provide access to other educational websites\nregarding dense breast tissue and literature regarding risk factors.\n * NB There are 3 par (m)'s\n * (m) Lupus, a debilitating autoimmune disease that can cause\ninflammation and tissue damage to virtually any organ system in the\nbody, including the skin, joints, other connective tissue, blood and\nblood vessels, heart, lung, kidney and brain, and which affects women,\nparticularly women of color, in a disproportionate manner; provided that\nthe program shall include an advisory council under this section that\nshall include representatives of people with lupus and their families\nand health care providers who specialize in treating lupus, among\nothers.\n * NB There are 3 par (m)'s\n (n) Pediatric acute-onset neuropsychiatric syndrome, a clinical\ndiagnosis given to children who have a sudden and dramatic onset of\nneuropsychiatric symptoms including obsessive compulsive disorder and/or\neating disorder, and which may cause affected children to become moody,\nirritable and anxious, and to have difficulty with schoolwork. Provided\nthat such program shall include an advisory council under this section\nthat shall include representatives of people with pediatric acute-onset\nneuropsychiatric syndrome and their families and health care providers\nwho specialize in treating such syndrome, among others.\n (o) For women who may become pregnant, expectant parents and parents\nof infants, information regarding:\n (i) the incidence of cytomegalovirus;\n (ii) the transmission and risks of cytomegalovirus to pregnant women\nand women who may become pregnant;\n (iii) birth defects caused by congenital cytomegalovirus;\n (iv) methods of diagnosing congenital cytomegalovirus;\n (v) the available preventive measures to avoid the infection of women\nwho are pregnant or may become pregnant; and\n (vi) available methods of treating cytomegalovirus and resources\navailable for families of children born with cytomegalovirus.\n * (p) Reproductive health conditions that affect female fertility,\nincluding but not limited to polycystic ovary syndrome, endometriosis,\nand pelvic inflammatory disease.\n * NB There are 3 par (p)'s\n * (p) Postnatal donation of tissue and fluids.\n * NB There are 3 par (p)'s\n * (p) Preeclampsia, including information about detection, risk\nfactors and management, and possible options for treatment.\n * NB There are 3 par (p)'s\n (q) Myalgic encephalomyelitis/chronic fatigue syndrome ("ME/CFS"), a\nmulti-system disease associated with neurological, immunological and\nenergy metabolism impairment characterized by long-standing and\ndebilitating fatigue.\n * (r) For those who are experiencing pregnancy loss or infant loss,\nwhich shall for the purposes of this paragraph include but not be\nlimited to, miscarriage, stillbirth, or termination for medical reasons,\ninformation regarding:\n (i) the potential mental and physical impact from such loss; and\n (ii) resources for support and follow-up care.\n * NB There are 4 par (r)'s\n * (r) The physical, sexual, and psychological impact of medical\nprocedures performed on intersex individuals, including those who have\nnot themselves consented to the procedure; provided that the department\nshall consult with appropriate stakeholders, including, but not limited\nto intersex persons, intersex-led organizations, and their chosen\nadvocates, while developing this outreach program.\n * NB There are 4 par (r)'s\n * (r) Sickle cell disease including but not limited to screening,\nprevention, and treatment information. The department, through the\nhealth equity council pursuant to section two hundred forty-three of\nthis article, or a successor council, shall consult with patients with\nsickle cell disease and their families and health care providers\nspecializing in treating sickle cell disease, among others, in the\nproduction of any such information.\n * NB There are 4 par (r)'s\n * (r) Alzheimer's disease and other related dementias; including\nidentification of dementia in health care facilities including but not\nlimited to hospitals, nursing homes, clinics and assisted living\nfacilities; community support services, including caregiver support\ngroups and services, respite, and care management; and resources and\ninformation concerning Alzheimer's disease and any other dementia\nrelated matters that the commissioner deems appropriate.\n * NB There are 4 par (r)'s\n * (s) Promoting public awareness of the dangers of fatal and non-fatal\ndrowning, including but not limited to the unique risk factors and\nexposures associated with infant and early drowning, childhood and\nteenage drowning and adult drowning, the disparate risk of drowning in\ndisadvantaged communities identified pursuant to section 75-0111 of the\nenvironmental conservation law and with individuals with a mental\ndisability as defined by subdivision three of section 1.03 of the mental\nhygiene law, and methods to reduce the risks of drowning, including but\nnot limited to water safety instruction, swim lessons, and awareness of\nwater based risks.\n * NB There are 2 par (s)'s\n * NB Effective June 1, 2025\n * (s) The importance of good oral health, including but not limited\nto, the impact of oral disease, causes of oral disease and its\nprevention, oral health across the lifespan, the total body connection,\nthe value of early detection and the availability of oral health\nservices in the community.\n * NB There are 2 par (s)'s\n 2. Programs under this section, dealing with one or more subjects, may\ninclude but not be limited to any of the following elements:\n (a) educational and informational materials in print, audio, visual,\nelectronic or other media;\n (b) public service announcements and advertisements; and\n (c) establishment of toll-free telephone hotlines and electronic\nservices to provide information.\n 3. The department may produce, make available to others for\nreproduction, or contract with others to develop such materials\nmentioned in this section as the commissioner deems appropriate. These\nmaterials shall be made available to the public and to educators,\nincluding but not limited to elementary and secondary school educators\nfree of charge as appropriate or for a fee under certain circumstances.\nThe commissioner may require where appropriate any health care provider\nto make these materials available to patients.\n 4. In exercising any of his or her powers under this section, the\ncommissioner may consult with appropriate health care professionals,\nproviders, consumers, educators and patients or organizations\nrepresenting them.\n 5. The commissioner shall ensure that all information and materials\nproduced pursuant to this section are maintained and updated to reflect\nbest practice recommendations.\n 6. The commissioner may appoint as appropriate advisory councils\nrelating to various matters that are or are proposed to be the subjects\nof programs under this section. All such councils shall include\nrepresentation of health care professionals, providers, educators,\nconsumers, patients and other appropriate interests. The members of the\ncouncils shall receive no compensation for their services, but shall be\nallowed their actual and necessary expenses incurred in performance of\ntheir duties.\n 7. In addition to state funds appropriated for programs under this\nsection, the commissioner may accept grants from public or private\nsources for these programs. The commissioner, in administering this\nsection, shall seek to coordinate the department's programs with other\npublic and private programs, and may undertake joint or cooperative\nprograms with other public or private entities, including making grants\n(within amounts appropriated therefor and consistent with applicable\nlaw) to public or not-for-profit entities.\n 8. The commissioner may make rules and regulations necessary and\nappropriate for implementation of this section.\n