Today's Law As Amended

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AB-1683 Ken Maddy California Cancer Registry.(2013-2014)

As Amends the Law Today


 Section 103886 is added to the Health and Safety Code, to read:

 (a) (1) A patient diagnosed with cancer, or provided treatment for cancer, by a physician and surgeon, dentist, podiatrist, or other health care practitioner or a patient receiving cancer therapy treatment from any hospital or other facility within an area designated as a cancer reporting area shall be informed by the department of the reporting requirement described in subdivision (d) of Section 103885. Cancer reporting facilities and physicians shall not be required to employ a mechanism to ensure that their patients are informed that cancer has been designated as a reportable disease or that the facility will report each patient with cancer to the department.
(2) The department shall notify the patient of all of the following information:
(A) A description of the cancer registry, as provided in subdivisions (a) and (b) of Section 103885.
(B) An explanation of how the department obtains all records that would identify cases of cancer and the type of information collected by the department, as described in subdivision (f) of Section 103885.
(C) The purposes for which the information obtained by the department is collected and intended to be used, as described in subdivision (g) of Section 103885.
(D) The authorization of the department to release confidential patient information to any person with a valid scientific interest, other states’ cancer registries, federal cancer control agencies, local health officers, or health researchers, pursuant to subdivision (g) of Section 103885.
(E) The discretion of a patient to refuse to participate in any research study and to request that his or her contact information be withheld.
(F)  The benefits of participating in cancer research, including, but not limited to, the opportunity to contribute to the discovery of improved treatments and survival rates for cancer patients.
(3) The department shall notify the patient of the reporting requirement and the information described in paragraph (2) within six months of his or her case being reported to the department.
(b) All notifications to the patient required under this section shall be distributed in a cost-effective manner, including, but not limited to, by e-mail.
(c) The department shall adopt regulations as it determines are necessary for the implementation of this section in accordance with the Administrative Procedure Act, Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code.