§ 2401 — Cancer; duty to report

§ 2401. Cancer; duty to report. 1. Every physician, dentist and other\nhealth care provider shall give notice immediately but not later than\none hundred eighty days of every case of cancer or other malignant\ndisease coming under his or her care, to the department, except as\notherwise provided.\n 2. Whenever an examination of a tissue specimen in a laboratory\ndiscloses the existence of cancer or other malignant disease, the person\nin charge of such laboratory or the person making such examination shall\nimmediately but not later than one hundred eighty days report the same\ntogether with all the facts in connection therewith to the department.\n 3. The person in charge of every cancer reporting facility shall\nimmediately but not later than one hundred eighty days give notice of\nevery case of cancer or malignant disease coming under the care of the\ninstitution to the department.\n 4. All abstracting work performed by a cancer reporting facility\npursuant to the reporting provisions of this section shall be performed\nby a certified tumor registrar. Cancer reporting facilities may\nestablish consortia to engage a certified tumor registrar to perform the\nreporting requirements of this section. A "certified tumor registrar" is\nan individual certified by a nationally recognized not-for-profit\norganization which certifies tumor registrars. The provisions of this\nsubdivision shall not apply to any cancer reporting facility which\nrenders services for one hundred or fewer cases of cancer and malignant\ndisease per year as determined by the commissioner.\n 5. The department shall establish and update as necessary a manual\ndesignating which specific data elements shall be reported to the\ndepartment pursuant to this section. The department shall make such\nmanual available to every cancer reporting facility, physician, dentist\nand other health care provider required to comply with the provisions of\nthis section.\n 6. The department shall establish and update as necessary a data\ndictionary to standardize information interpretation of data elements\nreported by cancer reporting facilities and other health care providers.\nThe department shall make such dictionary available to every cancer\nreporting facility, physician, dentist and other health care provider\nrequired to comply with the provisions of this section.\n 7. The department shall, to the extent funds are made available,\nestablish or contract for regional training programs to provide training\nto any cancer reporting facility, physician, dentist or other health\ncare provider required to comply with the provisions of this section.\nSuch regional training programs shall provide training relating to the\nspecific data elements which must be reported pursuant to this section,\nthe data dictionary established pursuant to this section, and any other\nsubjects which are intended to ensure quality, timely and complete\ncompliance with this section.\n 8. The department shall, meet cancer registry goals established by a\nnationally recognized central cancer registry organization unless any\nsuch goal is contrary to any provision of law.\n 9. Where a cancer reporting facility fails to comply with the\nprovisions of this section, the department may elect to perform registry\nservices for such facility. Such cancer reporting facility shall\nreimburse the department for actual expenses incurred.\n 10. A physician, dentist, laboratory, cancer reporting facility or\nother health care provider which violates any provision of this section\nshall be subject to a civil penalty as provided in section twelve of\nthis chapter.\n 11. The notices required by this section shall be upon forms supplied\nby the commissioner and shall contain such information as shall be\nrequired by the commissioner.\n 12. For the purpose of this section, a "cancer reporting facility"\nmeans a hospital as defined in article twenty-eight of this chapter,\nclinic or any organization certified pursuant to article forty-four of\nthis chapter, or other similar public or private institution.\n 13. The commissioner shall have the power to promulgate any such rules\nand regulations as shall be necessary and proper to effectuate the\npurposes of this section.\n