PRIOR PRINTER'S NO. 248 PRINTER'S NO. 1220
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 AND MRS. E. Z. TAYLOR,
FEBRUARY 12, 1979
AS RE-REPORTED FROM COMMITTEE ON HEALTH AND WELFARE, HOUSE OF
REPRESENTATIVES, AS AMENDED, APRIL 30, 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 nonprofit associations organized <--
8 in Pennsylvania and to governmental agencies in Pennsylvania.
9 The General Assembly of the Commonwealth of Pennsylvania
10 hereby enacts as follows:
11 Section 1. Short title.
12 This act shall be known and may be cited as the "Cancer <--
13 Control "PENNSYLVANIA CANCER CONTROL, PREVENTION and Research <--
14 Act."
15 Section 2. Definitions.
16 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 "Health Systems Agency." An agency created by section 1512 <--
10 of Public Law 93-641, known as the "National Health Planning and
11 Resources Development Act of 1974."
12 "Qualified nonprofit associations." Those associations
13 incorporated or unincorporated that have received tax exempt
14 status from the Internal Revenue Service.
15 "Secretary." The Secretary of Health of the Commonwealth of
16 Pennsylvania.
17 "State Health Coordinating Council." The council created by <--
18 section 1524 of Public Law 93-641, known as the "National Health
19 Planning and Resources Development Act of 1974."
20 Section 3. Pennsylvania Cancer Control, PREVENTION and <--
21 Research Advisory Board.
22 (a) There is hereby created in the Department of Health the
23 "Pennsylvania Cancer Control, PREVENTION and Research Advisory <--
24 Board." The board shall consist of 11 members, all of whom shall
25 be Pennsylvania residents, 10 of whom the Governor shall appoint
26 by and with the consent of a majority of the Senate. Of the ten
27 appointed, three shall be distinguished scientists and
28 physicians in the field of cancer, one shall be a qualified
29 nurse oncologist, PROFESSIONAL NURSE ENGAGED IN THE PRACTICE OF <--
30 ONCOLOGICAL NURSING, one shall be skilled in health care
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1 administration and two with substantial experience in the field
2 of public health, ONE OF WHOM SHALL BE A PROFESSIONAL NURSE <--
3 ENGAGED IN THE PRACTICE OF COMMUNITY HEALTH NURSING, one AND <--
4 THREE consumer member of the State Health Coordinating Council, <--
5 and two public members. The Secretary of Health shall be a
6 member of the board.
7 (b) The terms of the members shall be four years from the
8 respective date of their appointment except that the initial
9 appointments shall be made in such a manner so that four members
10 be appointed for terms of four years, three members be appointed
11 for terms of three years, and three members be appointed for
12 terms of two years.
13 (c) A chairman shall be appointed by the Governor for a term
14 of four years.
15 (d) The board shall meet no less than four times annually at
16 the call of the chairman or, in his absence or incapacity at the
17 call of the Secretary of Health. Six members of the board shall
18 constitute a quorum for the purpose of exercising all of the
19 powers of the board. A vote of the majority of the members
20 present shall be sufficient for all actions of the board.
21 (e) Each board member, except the secretary, shall receive
22 actual travelling expenses AND other necessary expenses. and a <--
23 per diem of $100 for each day of actual service.
24 (f) No member of the board shall participate in any
25 discussions and decisions to recommend grants or contracts to
26 any qualified nonprofit association or to any agency of the <--
27 Commonwealth or its political subdivisions with which the member
28 is associated as a member of the governing body or as an
29 employee, or with which the member has entered into any
30 contractual arrangement.
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1 Section 4. Responsibilities of the board.
2 (a) The board shall have the power to prescribe, amend and
3 repeal bylaws governing the manner in which the business of the
4 board is conducted.
5 (b) The board shall advise the secretary with respect to
6 cancer control, PREVENTION and research in Pennsylvania. <--
7 (c) The board shall approve each year a program for cancer
8 control, PREVENTION and research to be known as the <--
9 "Pennsylvania Cancer Plan." which shall be consistent with the <--
10 State health plan developed by the State Health Coordinating
11 Council or its successor organization.
12 (d) In order to implement in whole or in part the
13 Pennsylvania Cancer Plan, the board shall recommend to the
14 secretary the awarding of grants and contracts to qualified
15 nonprofit associations or governmental agencies in order to <--
16 plan, establish or conduct programs in cancer control or
17 prevention, cancer education and training and cancer research.
18 (e) Grants and contracts may be recommended for:
19 (1) Cancer registry.
20 (2) Cancer screening and detection, DETECTION AND <--
21 PREVENTION.
22 (3) Cancer epidemiology and biostatistical studies.
23 (4) Cancer community outreach programs.
24 (5) Cancer rehabilitation.
25 (6) Communication and planning among cancer
26 institutions.
27 (7) Cancer education and information.
28 (8) Cancer training.
29 (9) Cancer research.
30 (f) Consistent with the Pennsylvania Cancer Plan the board
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1 shall give its first priority to funding grants and contracts
2 relating to subsection (e)(1),(2), (3) and (4); second priority
3 to funding grants and contracts relating to subsection (e)(5),
4 (6), (7), (8) and (9).
5 (g) The following criteria shall be given consideration for
6 recommending grants and contracts for extramural and intramural <--
7 programs:
8 (1) the relevancy of applicant's proposal to the
9 Pennsylvania Cancer Plan; and
10 (2) the feasibility of the applicant's proposal.
11 (h) The board shall recommend to the secretary rules and
12 regulations not inconsistent CONSISTENT with law as it may deem <--
13 necessary for the performance of its duties and the proper
14 administration of this act.
15 (i) The board shall report semiannually ANNUALLY to the <--
16 Governor and the General Assembly. The report shall include, but
17 not be limited to, a full description of the grants and
18 contracts funded pursuant to this act, THE AMOUNT OF THE GRANT <--
19 OR CONTRACT, AN OUTLINE OF THE PROPOSAL ON WHICH THE GRANT WAS
20 BASED, AND THE RESULTS ACHIEVED AS A RESULT OF THE GRANT.
21 Section 5. Responsibilities of the secretary.
22 (a) The secretary shall award grants and contracts only from
23 among those recommended by the board to qualified nonprofit <--
24 Pennsylvania associations and governmental agencies in order to
25 plan, establish or conduct programs in cancer control and
26 prevention, cancer education and training and cancer research.
27 The secretary may request additional recommendations from the
28 board.
29 (b) The secretary shall provide such staff, information and
30 other assistance as the secretary may deem necessary for the
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1 completion of the board's responsibilities. Such staff shall be
2 responsible to the secretary.
3 (c) The secretary after consultation with the board shall
4 adopt rules and regulations necessary for the implementation of
5 this act. ALL PROPOSED REGULATIONS SHALL, AT LEAST 30 DAYS PRIOR <--
6 TO PUBLICATION IN THE PENNSYLVANIA BULLETIN, BE SUBMITTED TO THE
7 HOUSE HEALTH AND WELFARE COMMITTEE AND TO THE SENATE PUBLIC
8 HEALTH AND WELFARE COMMITTEE. SAID COMMITTEES SHALL BE GIVEN 60
9 DAYS, PRIOR TO THE FINAL ADOPTION OF THE PROPOSED REGULATIONS BY
10 THE DEPARTMENT, WITHIN WHICH TO APPROVE, MODIFY OR DISAPPROVE
11 THE PROPOSED REGULATIONS. THE ACTION OF THE COMMITTEES SHALL BE
12 BINDING ON THE DEPARTMENT.
13 Section 6. Cancer registry.
14 (a) The Department of Health shall establish a system for
15 the Statewide collection and dissemination of data on cases of
16 cancer by anatomical site, medical and occupational history of
17 patients, stage of disease and other data NECESSARY TO <--
18 EFFECTUATE THE PROVISIONS OF THIS ACT as determined by the
19 department.
20 (b) Persons in charge of hospitals and laboratories may <--
21 SHALL be required by the Department of Health, in accordance <--
22 with its regulations adopted with the advice of the Advisory <--
23 Health Board BOARD to report cases of cancer on forms furnished <--
24 by the department.
25 (c) The reports required pursuant to this act shall be
26 confidential and not open to public inspection or dissemination.
27 This shall not restrict the collection and analysis of data by
28 the Department of Health or those with whom the department
29 contracts, subject to strict supervision by the Department of
30 Health to insure that the use of the reports is limited to
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1 specific research purposes.
2 Section 7. Pennsylvania Cancer Control, PREVENTION and <--
3 Research Fund.
4 (a) There is hereby created the Pennsylvania Cancer Control, <--
5 PREVENTION and Research Fund, which shall consist of all moneys
6 credited to it by the State Treasury for the purposes of this
7 act under section 201, act of July 22, 1970 (P.L.513, No.178),
8 known as the "Pennsylvania Cigarette Tax Act."
9 (b) The fund shall be used exclusively for grants and
10 contracts to nonprofit Pennsylvania associations or governmental <--
11 agencies for the purpose of cancer control and prevention,
12 cancer education and training, cancer research, and for all
13 expenses incurred in connection with the administration of this
14 act and the programs funded through the grants and contracts
15 authorized by the secretary.
16 Section 8. Sunset provisions.
17 With the exception of section 6, this act shall expire on
18 June 30, 1983, unless otherwise extended by an act of the
19 General Assembly. Grants and contracts approved by June 30,
20 1983, payable from moneys credited to the fund by June 30, 1983,
21 shall not be revoked by the expiration of the act.
22 Section 9. Effective date.
23 This act shall take effect immediately.
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