PRINTER'S NO. 2516
No. 1916 Session of 1984
INTRODUCED BY CORDISCO, CLYMER, CAPPABIANCA, COLAFELLA, BALDWIN,
J. L. WRIGHT, REINARD, BURNS, COSLETT, STEVENS, MACKOWSKI,
GEIST, PHILLIPS AND HAYES, FEBRUARY 13, 1984
REFERRED TO COMMITTEE ON MILITARY AND VETERANS AFFAIRS,
FEBRUARY 13, 1984
AN ACT
1 Amending the act of April 29, 1982 (P.L.355, No.99), entitled
2 "An act establishing a Vietnam Herbicides Information
3 Commission; imposing powers and duties on the commission;
4 granting additional powers and duties to the Department of
5 Health and making an appropriation," designating dioxin as a
6 specific herbicide to be studied by the commission; extending
7 the life of the commission; extending the deadline for making
8 its final report; empowering the commission to initiate an
9 epidemiological study; revising content requirements of
10 report forms; and making an editorial change.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 Section 1. Sections 2, 3(f), 7, 8, 9 and 12 of the act of
14 April 29, 1982 (P.L.355, No.99), known as the Vietnam Herbicides
15 Information Act, are amended to read:
16 Section 2. Definitions.
17 The following words and phrases when used in this act shall
18 have, unless the context clearly indicates otherwise, the
19 meanings given to them in this section:
20 "Agent Orange." The herbicide composed of [tri-chlorphenoxy
21 acitic] trichlorophenoxyacetic acid and [di-chlorphenoxyacitic]
1 dichorophenoxyacetic acid and the contaminant dioxin (TCDD).
2 "Commission." The Vietnam Herbicides Information Commission
3 established pursuant to section 3.
4 "Department." The Department of Health of the Commonwealth
5 of Pennsylvania.
6 "Secretary." The Secretary of Health of the Commonwealth of
7 Pennsylvania.
8 "Veteran." A person who was a resident of the Commonwealth
9 at the time of his induction into the Armed Forces of the United
10 States of America or is a resident of this Commonwealth who
11 served in the armed forces during the years 1961-1972.
12 "Vietnam herbicide." The herbicides, defoliants and other
13 causative agents containing dioxin, including Agent Orange, used
14 in the Vietnam Conflict.
15 Section 3. The Vietnam Herbicides Information Commission.
16 * * *
17 (f) The commission shall be established for a period of
18 [two] five years.
19 * * *
20 Section 7. Reports.
21 The commission shall make a preliminary report to the
22 Governor and the Legislature of its findings, conclusions and
23 recommendations not later than November 30, 1982 and a final
24 report of its findings, conclusions and recommendations not
25 later than June 30, [1983] 1987.
26 Section 8. Duties of the Department of Health.
27 For the purpose of identifying persons who were exposed to
28 Vietnam herbicides and for the purpose of compiling data on the
29 health effects of this exposure, the department shall:
30 (1) Establish, promote and maintain a public information
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1 program on Vietnam herbicides. Such program shall be
2 coordinated with the Department of Military Affairs and the
3 Governor's Outreach and Assistance Centers and shall include,
4 but may not be limited to, assistance in the commission's
5 efforts to contact veterans who were exposed to the herbicide
6 containing dioxin.
7 (2) Establish, maintain and promote a reporting process
8 for veterans who were exposed to herbicides, defoliants and
9 other causative agents, including Agent Orange.
10 (3) Maintain a central data bank within the department
11 for information collected on the health effects of exposure
12 to Vietnam herbicides and for the cataloguing of existing
13 scientific and medical literature on the health effects of
14 this exposure.
15 (4) Initiate education for health professionals to
16 assist them in understanding the potential risks and state-
17 of-art knowledge with regard to detection, diagnosis and
18 treatment of acute and chronic symptoms associated with
19 Vietnam herbicides exposure. The education component should
20 utilize existing resources, such as the informational films
21 prepared by the Veterans Administration, whenever possible.
22 (5) Initiate an epidemiological study or studies of the
23 health effects of exposure to herbicides, defoliants and
24 other causative agents, including Agent Orange.
25 Section 9. Reports to the department.
26 (a) A physician who has primary responsibility for treating
27 a veteran who believes he may have been exposed to chemical
28 herbicides or defoliants, including Agent Orange, while serving
29 in the Armed Forces of the United States, shall, at the request
30 of the veteran, submit a report to the department on a form
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1 provided by the department. If there is no physician having
2 primary responsibility for treating the veteran, the hospital
3 treating the veteran shall, at the request of the veteran,
4 submit the report to the department.
5 (b) The form provided by the department to the physician
6 shall be similar in content to the forms being used by the
7 Veterans Administration in their Agent Orange Registry Program
8 and shall request the following information:
9 (1) Symptoms of the veteran.
10 (2) Diagnosis of the veteran.
11 (3) Methods of treatment prescribed.
12 [(4) Dates of military service in Vietnam and the
13 locations in Vietnam where the veteran served.]
14 (c) The department may require the veteran to provide such
15 other information as determined by the secretary of the
16 department.
17 Section 12. Report by department.
18 The department shall make an annual report to the Legislature
19 of its findings and recommendations concerning the
20 effectiveness, impact and benefits derived from the special
21 policies as provided for in this act. Such report shall be
22 delivered on or before March 1 and shall contain evaluations of
23 the policies and any legislation deemed necessary and proper to
24 the House Federal-State Relations [Committee] and Military and
25 Veterans Affairs Committees and the Senate Military and Veterans
26 Affairs Committee.
27 Section 2. This act shall take effect immediately.
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