PRIOR PRINTER'S NOS. 248, 1220 PRINTER'S NO. 2416
No. 230 Session of 1979
INTRODUCED BY MESSRS. COLE, ZORD, WILLIANS, BARBER, POTT, IRVIS,
MRS. ARTY, MESSRS. MILLER, RYAN, MRS. HARPER, MESSRS. NOYE,
MANDERINO, STUBAN, COSLETT, DiCARLO, GOODMAN, SHUPNIK,
D. R. WRIGHT, HOEFFEL, DeWEESE, McCALL, STEWART, REED,
O'CONNELL, GEORGE, B. F. O'BRIEN, WHITE, GRAY, ALDEN,
RAPPAPORT, McMONAGLE, ZITTERMAN, KUKOVICH, PIEVSKY, JONES,
ZELLER, J. J. JOHNSON, OLIVER, GAMBLE, MILANOVICH, TRELLO,
MRS. GEORGE, MESSRS. SEVENTY, COWELL, GATSKI, AUSTIN, ZWIKL,
DAWIDA, KNIGHT, DUFFY, YAHNER, FREIND, F. J. LYNCH, MRKONIC,
KNEPPER, COHEN, McKELVEY, TELEK, GRUPPO AND MRS. E. Z. TAYLOR,
FEBRUARY 12, 1979
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 31, 1979
AN ACT
1 Creating the Pennsylvania Cancer Control, Prevention and
2 Research Advisory Board and the Pennsylvania Cancer Control,
3 Prevention and Research Fund, providing authorization for the
4 Secretary of Health, upon the recommendation of the
5 Pennsylvania Cancer Control, Prevention and Research Advisory
6 Board, to award grants and contracts for cancer control,
7 prevention and research to associations organized in
8 Pennsylvania and to governmental agencies in Pennsylvania AND <--
9 IMPOSING AN ADDITIONAL TAX ON CIGARETTES TO FUND THIS
10 PROGRAM.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Short title.
14 This act shall be known and may be cited as the "Pennsylvania
15 Cancer Control, Prevention and Research Act."
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
1 have, unless the context clearly indicates otherwise, the
2 meanings given to them in this section:
3 "Board." The Pennsylvania Cancer Control, Prevention and
4 Research Advisory Board established by this act.
5 "Cancer." All malignant neoplasms, regardless of the tissue
6 of origin, including malignant lymphoma and leukemia.
7 "Fund." The Pennsylvania Cancer Control, Prevention and
8 Research Fund established by this act.
9 "Secretary." The Secretary of Health of the Commonwealth of
10 Pennsylvania.
11 Section 3. Pennsylvania Cancer Control, Prevention and
12 Research Advisory Board.
13 (a) There is hereby created in the Department of Health the
14 "Pennsylvania Cancer Control, Prevention and Research Advisory
15 Board." The board shall consist of 11 members, all of whom shall
16 be Pennsylvania residents, 10 of whom the Governor shall appoint
17 by and with the consent of a majority of the Senate. Of the ten
18 appointed, three shall be distinguished scientists and
19 physicians in the field of cancer, one shall be a qualified
20 professional nurse engaged in the practice of oncological
21 nursing, one shall be skilled in health care administration and
22 two with substantial experience in the field of public health,
23 one of whom shall be a professional nurse engaged in the
24 practice of community health nursing, and three consumer
25 members. The Secretary of Health shall be a member of the board.
26 (b) The terms of the members shall be four years from the
27 respective date of their appointment except that the initial
28 appointments shall be made in such a manner so that four members
29 be appointed for terms of four years, three members be appointed
30 for terms of three years, and three members be appointed for
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1 terms of two years.
2 (c) A chairman shall be appointed by the Governor for a term
3 of four years.
4 (d) The board shall meet no less than four times annually at
5 the call of the chairman or, in his absence or incapacity at the
6 call of the Secretary of Health. Six members of the board shall
7 constitute a quorum for the purpose of exercising all of the
8 powers of the board. A vote of the majority of the members
9 present shall be sufficient for all actions of the board.
10 (e) Each board member, except the secretary, shall receive
11 actual travelling expenses and other necessary expenses.
12 (f) No member of the board shall participate in any
13 discussions and decisions to recommend grants or contracts to
14 any qualified association or to any agency of the Commonwealth
15 or its political subdivisions with which the member is
16 associated as a member of the governing body or as an employee,
17 or with which the member has entered into any contractual
18 arrangement.
19 Section 4. Responsibilities of the board.
20 (a) The board shall have the power to prescribe, amend and
21 repeal bylaws governing the manner in which the business of the
22 board is conducted.
23 (b) The board shall advise the secretary with respect to
24 cancer control, prevention and research in Pennsylvania.
25 (c) The board shall approve each year a program for cancer
26 control, prevention and research to be known as the
27 "Pennsylvania Cancer Plan."
28 (d) In order to implement in whole or in part the
29 Pennsylvania Cancer Plan, the board shall recommend to the
30 secretary the awarding of grants and contracts to qualified
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1 associations or governmental agencies in order to plan,
2 establish or conduct programs in cancer control or prevention,
3 cancer education and training and cancer research.
4 (e) Grants and contracts may be recommended for:
5 (1) Cancer registry.
6 (2) Cancer screening, detection and prevention.
7 (3) Cancer epidemiology and biostatistical studies.
8 (4) Cancer community outreach programs.
9 (5) Cancer rehabilitation.
10 (6) Communication and planning among cancer
11 institutions.
12 (7) Cancer education and information.
13 (8) Cancer training.
14 (9) Cancer research.
15 (f) Consistent with the Pennsylvania Cancer Plan the board
16 shall give its first priority to funding grants and contracts
17 relating to subsection (e)(1),(2), (3) and (4); second priority
18 to funding grants and contracts relating to subsection (e)(5),
19 (6), (7), (8) and (9).
20 (g) The following criteria shall be given consideration for
21 recommending grants and contracts for programs:
22 (1) the relevancy of applicant's proposal to the
23 Pennsylvania Cancer Plan; and
24 (2) the feasibility of the applicant's proposal.
25 (h) The board shall recommend to the secretary rules and
26 regulations consistent with law as it may deem necessary for the
27 performance of its duties and the proper administration of this
28 act.
29 (i) The board shall report annually to the Governor and the
30 General Assembly. The report shall include, but not be limited
19790H0230B2416 - 4 -
1 to, a full description of the grants and contracts funded
2 pursuant to this act, the amount of the grant or contract, an
3 outline of the proposal on which the grant was based, and the
4 results achieved as a result of the grant.
5 Section 5. Responsibilities of the secretary.
6 (a) The secretary shall award grants and contracts only from
7 among those recommended by the board to qualified Pennsylvania
8 associations and governmental agencies in order to plan,
9 establish or conduct programs in cancer control and prevention,
10 cancer education and training and cancer research. The secretary
11 may request additional recommendations from the board.
12 (b) The secretary shall provide such staff, information and
13 other assistance as the secretary may deem necessary for the
14 completion of the board's responsibilities. Such staff shall be
15 responsible to the secretary.
16 (c) The secretary after consultation with the board shall
17 adopt rules and regulations necessary for the implementation of
18 this act. All proposed regulations shall, at least 30 days prior
19 to publication in the Pennsylvania Bulletin, be submitted to the
20 House Health and Welfare Committee and to the Senate Public
21 Health and Welfare Committee. Said committees shall be given 60
22 days, prior to the final adoption of the proposed regulations by
23 the department, within which to approve, modify or disapprove
24 the proposed regulations. The action of the committees shall be
25 binding on the department.
26 Section 6. Cancer registry.
27 (a) The Department of Health shall establish a system for
28 the Statewide collection and dissemination of data on cases of
29 cancer by anatomical site, medical and occupational history of
30 patients, stage of disease and other data necessary to
19790H0230B2416 - 5 -
1 effectuate the provisions of this act as determined by the
2 department.
3 (b) Persons in charge of hospitals and laboratories shall be
4 required by the Department of Health, in accordance with its
5 regulations adopted with the advice of the board to report cases
6 of cancer on forms furnished by the department.
7 (c) The reports required pursuant to this act shall be
8 confidential and not open to public inspection or dissemination.
9 This shall not restrict the collection and analysis of data by
10 the Department of Health or those with whom the department
11 contracts, subject to strict supervision by the Department of
12 Health to insure that the use of the reports is limited to
13 specific research purposes.
14 SECTION 7. ADDITIONAL TAX TO FUND PROGRAMS. <--
15 IN ADDITION TO ANY TAXES NOW OR HEREINAFTER IMPOSED ON
16 CIGARETTES PURSUANT TO SECTION 201, ACT OF JULY 22, 1970
17 (P.L.513, NO.178), KNOWN AS THE "PENNSYLVANIA CIGARETTE TAX
18 ACT,: THERE IS HEREBY IMPOSED AN ADDITIONAL TAX ON THE SALE OR
19 POSSESSION OF CIGARETTES WITHIN THIS COMMONWEALTH AT THE RATE OF
20 ONE-HALF TENTHS OF A CENT PER CIGARETTE. THE DEPARTMENT OF
21 REVENUE SHALL COLLECT THIS ADDITIONAL TAX IN THE SAME MANNER AS
22 THE TAX IMPOSED AND COLLECTED PURSUANT TO THE ACT OF JULY 22,
23 1970 (P.L.513, NO.178) AND SHALL PAY SUCH ADDITIONAL TAX REVENUE
24 TO THE STATE TREASURY FOR CREDIT OF THE PENNSYLVANIA CANCER
25 CONTROL PREVENTION AND RESEARCH FUND ESTABLISHED BY SECTION 8.
26 Section 7 8. Pennsylvania Cancer Control, Prevention and <--
27 Research Fund.
28 (a) There is hereby created the Pennsylvania Cancer Control,
29 Prevention and Research Fund, which shall consist of all moneys
30 credited to it by the State Treasury for the purposes of this
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1 act under section 201, act of July 22, 1970 (P.L.513, No.178), <--
2 known as the "Pennsylvania Cigarette Tax Act." 7.
3 (b) The fund shall be used exclusively for grants and
4 contracts to Pennsylvania associations or governmental agencies
5 for the purpose of cancer control and prevention, cancer
6 education and training, cancer research, and for all expenses
7 incurred in connection with the administration of this act and
8 the programs funded through the grants and contracts authorized
9 by the secretary.
10 Section 8 9. Sunset provisions. <--
11 With the exception of section 6, this act shall expire on
12 June 30, 1983, unless otherwise extended by an act of the
13 General Assembly. Grants and contracts approved by June 30,
14 1983, payable from moneys credited to the fund by June 30, 1983,
15 shall not be revoked by the expiration of the act.
16 Section 9 10. Effective date. <--
17 This act shall take effect immediately.
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