New York State Legislative Session Ends With Significant Wins for Cancer Prevention and Treatment

June 27, 2017

Thanks to the efforts of ACS CAN volunteers across the state, the NYS Legislature advanced a number of important bills to prevent and treat cancer.

Tobacco Control

E-cigarette loophole: Passed both houses. Under this proposal, e-cigarette use would be prohibited in areas covered by the state’s Clean Indoor Air Act.
E-cigarette in Schools: Passed both houses. Legislation would prohibit e-cigarette use on school grounds.
E-cigarette registration: Passed both houses. Unlike retailers selling tobacco products, retailers of electronic cigarettes, or liquid nicotine, are not required to register with the Department of Tax & Finance. This proposal closes this loophole and requires retailers to register with Tax & Finance.
Tobacco 21 Local laws enacted in Schenectady, Cattaraugus, Tompkins, Sullivan and Orange Counties; Town of Hempstead, Town of North Hempstead
Statewide Tobacco 21 legislation: Passed health committee in both houses. In Senate Finance and Assembly Codes.
SUNY Tobacco free campus: Passed Assembly.
Flavored Tobacco Products. Reported from Assembly Health.
Tobacco Coupons. Reported from Assembly Health. Legislation would prohibit use of coupons for tobacco products.
Multi-unit housing: Reported from Assembly Health. Legislation would clarify multi-unit housing owners/operators must have a written smoking/no-smoking policy.

Healthy Eating and Active Living

PE Disclosure: Passed both houses. Legislation would require Commissioner of the State Education Department to report by school districts compliance with elementary school PE regulations and laws, the number of facilities for PE, compliance with PE regulations, and whether such teachers are certified in PE.
Physical Fitness Education Campaign. Passed Assembly. This proposal calls for the Department of Health to conduct a state physical fitness and activity education campaign.
Healthy Kids Restaurant Meals. Reported from Senate Health. Requires DOH to set nutrition standards kids meals distributed with incentive items.

Access to Care

Time off for cancer screenings: Passed both houses. While current law allows public employees time off for breast cancer screenings, this proposal provides time off for any cancer screening.
Interchangeable biologics: Passed both houses. Biologics are becoming common treatment options for people with serious illnesses like cancer. This legislation sets forth the conditions under which the substitution of a biologic product is provided; and ensures transparency and communication with the patient, provider and pharmacist.
90-day refill for prescriptions: Passed both houses. To improve medical adherence, this legislation allows pharmacist discretion in refilling up to a 90-day supply of medications provided certain conditions are met.
Non-medical switching: Passed Assembly. Protects patients and their families by prohibiting insurer from removing medications from the drug formulary during the plan year.
Synchronization of prescriptions: Passed Assembly. Allows patients on multiple prescription medications to “synchronize” the date on which they get each prescription filled.

Skin Cancer

Indoor Tanning: Passed Assembly. This Legislation will limit the use of dangerous indoor tanning devices to those over 18. Unfortunately, the legislation did not move in the Senate health despite pressure from ACS CAN, physician groups and concerned citizens.

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