CORRECTIVE REPRINT SENATE AMENDED PRIOR PRINTER'S NOS. 1837, 2147, 2423, PRINTER'S NO. 3179 3082, 3163
No. 1575 Session of 1981
INTRODUCED BY CORDISCO, HASAY, CLARK, PETRARCA, BELARDI, SERAFINI, MILLER, STEVENS, CESSAR, COHEN, CAPPABIANCA, JACKSON, GREENFIELD, WOZNIAK, COCHRAN, FREIND, BROWN, KUKOVICH, GALLAGHER, STEWART, MORRIS, STEIGHNER, DONATUCCI, COLAFELLA, DeWEESE AND E. Z. TAYLOR, JUNE 15, 1981
AS AMENDED ON SECOND CONSIDERATION, IN SENATE, APRIL 14, 1982
AN ACT 1 Establishing a Vietnam Herbicides Information Commission; 2 imposing powers and duties on the commission; granting 3 additional powers and duties to the Department of Health and 4 making an appropriation. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Short title. 8 This act shall be known and may be cited as the "Vietnam 9 Herbicides Information Act." 10 Section 2. Definitions. 11 The following words and phrases when used in this act shall 12 have, unless the context clearly indicates otherwise, the 13 meanings given to them in this section: 14 "Agent Orange." The herbicide composed of tri-chlorphenoxy 15 acitic acid and di-chlorphenoxyacitic acid. 16 "Commission." The Vietnam Herbicides Information Commission
1 established pursuant to section 4. 2 "Department." The Department of Health of the Commonwealth 3 of Pennsylvania. 4 "Secretary." The Secretary of Health of the Commonwealth of 5 Pennsylvania. 6 "Veteran." A person who was a resident of the Commonwealth 7 at the time of his induction into the Armed Forces of the United 8 States of America or is a resident of this Commonwealth who 9 served in Vietnam, Cambodia, Thailand or Laos during the Vietnam <-- 10 Conflict. THE ARMED FORCES DURING THE YEARS 1961-1972. <-- 11 "Vietnam herbicide." The herbicides, defoliants and other 12 causative agents, including Agent Orange, used in the Vietnam 13 Conflict. 14 Section 3. Legislative findings. <-- 15 The General Assembly finds and determines that a large number 16 of Vietnam War Veterans were exposed to herbicides, defoliants 17 and other causative agents, including Agent Orange, during their 18 service in Vietnam and that it is a legitimate concern and 19 responsibility of the State to determine the extent of their 20 injuries. 21 Section 4 3. The Vietnam Herbicides Information Commission. <-- 22 (a) There is hereby created within the Department of Health 23 an advisory commission to be known as the Vietnam Herbicides 24 Information Commission. This commission on Vietnam herbicides 25 exposure is to obtain information relating to the health effects 26 of exposure to herbicides containing dioxin and other causative 27 agents for Vietnam veteran residents of the State of 28 Pennsylvania who may have been exposed to these substances 29 during their period of military service. 30 (b) The commission shall consist of 13 15 members who shall <-- 19810H1575B3179 - 2 -
1 serve for a term of two years. The Governor shall appoint the 2 Secretary of Health and ten other members of whom six, THE <-- 3 ADJUTANT GENERAL OF THE DEPARTMENT OF MILITARY AFFAIRS, THE 4 CHAIRMAN OF THE STATE VETERANS COMMISSION, THE PRESIDENT OF THE 5 PENNSYLVANIA WAR VETERANS COUNCIL AND NINE OTHER MEMBERS OF WHOM 6 FIVE shall be honorably discharged veterans of the Vietnam 7 Conflict with at least one veteran selected from each of the 8 five areas covered by the Governor's Veterans Outreach Centers; 9 of the remaining members to be appointed by the Governor, one 10 shall be an epidemiologist selected from the State public health 11 AND MEDICAL schools, one shall be a health environmentalist <-- 12 selected from the State public health AND MEDICAL schools and <-- 13 one shall be a toxicologist selected from the State public 14 health AND MEDICAL schools and one shall be a specialist in <-- 15 public health selected from the State public health AND MEDICAL <-- 16 schools. The Speaker of the House of Representatives shall 17 appoint one member of the House to the commission. The President 18 pro tempore of the Senate shall appoint one member of the Senate 19 to the commission. 20 (c) The commission shall elect a chairperson from the <-- 21 members of the commission. BE CHAIRED BY THE SECRETARY OF THE <-- 22 DEPARTMENT OF HEALTH. 23 (d) Vacancies in the membership of the commission and its 24 officers shall be filled for the unexpired term in the same 25 manner as the original appointment or election. 26 (e) The commission shall meet at least four times each year 27 at the call of the chairperson. The initial meeting of the 28 commission shall be called by the Secretary of Health not later 29 than February JULY 1, 1982. <-- 30 (f) The commission shall be established for a period of two 19810H1575B3179 - 3 -
1 years. 2 (g) The members of the commission shall receive no 3 compensation for their services but shall be allowed their 4 actual and necessary expenses incurred in the performance of 5 their duties hereunder. 6 Section 5 4. Powers and duties of the commission. <-- 7 The commission shall have the following powers and duties: 8 (1) Determine what medical, administrative and social 9 assistance is needed for veterans who were exposed to Vietnam 10 herbicides and submit its recommendations to the Legislature 11 for its consideration. 12 (2) Conduct an extensive outreach program WHICH WOULD <-- 13 COORDINATE AND SUPPLEMENT THE OUTREACH EFFORTS OF THE 14 DEPARTMENT OF MILITARY AFFAIRS, THE STATE VETERANS 15 COMMISSION, THE PENNSYLVANIA WAR VETERANS COUNCIL, COUNTY 16 DIRECTORS OF VETERANS AFFAIRS, THE GOVERNOR'S OUTREACH AND 17 ASSISTANCE CENTERS AND OTHER ORGANIZATIONS to inform veterans 18 who may have been exposed to herbicides containing dioxin of 19 any Federal or State assistance available to them. 20 (3) Act as the official agent of the State for 21 disseminating information to veterans about epidemiological 22 or other studies relating to Vietnam herbicides exposure 23 which are being conducted by the Federal or State Government. 24 Section 6 5. Cooperation with other agencies. <-- 25 To the maximum extent feasible, the commission shall be 26 entitled to request and receive and shall utilize and be 27 provided with such facilities, resources and data of any court, 28 department, division, board, bureau, commission or agency of the 29 State or any political subdivision thereof as it may reasonably 30 request to carry out properly its powers and duties hereunder. 19810H1575B3179 - 4 -
1 Section 7 6. Information to be confidential. <-- 2 The commission shall not disclose information received 3 pursuant to this act so as to divulge the identities of the 4 persons to whom it relates except as is necessary to carry out 5 the purposes of this act. 6 Section 8 7. Reports. <-- 7 The commission shall make a preliminary report to the 8 Governor and the Legislature of its findings, conclusions and 9 recommendations not later than June NOVEMBER 30, 1982 and a <-- 10 final report of its findings conclusions and recommendations not 11 later than June 30, 1983. 12 Section 9 8. Duties of the Department of Health. <-- 13 For the purpose of identifying persons who were exposed to 14 Vietnam herbicides and for the purpose of compiling data on the 15 health effects of this exposure, the department shall: 16 (1) Establish, promote and maintain a public information 17 program SHALL BE COORDINATED WITH THE DEPARTMENT OF MILITARY <-- 18 AFFAIRS AND THE GOVERNOR'S OUTREACH AND ASSISTANCE CENTERS 19 AND on Vietnam herbicides. Such program SHALL BE COORDINATED <-- 20 WITH THE DEPARTMENT OF MILITARY AFFAIRS AND THE GOVERNOR'S 21 OUTREACH AND ASSISTANCE CENTERS AND shall include, but may 22 not be limited to, an effort ASSISTANCE IN THE COMMISSION'S <-- 23 EFFORTS to contact veterans who were exposed to the herbicide 24 containing dioxin. 25 (2) Establish, maintain and promote a reporting process 26 for veterans who were exposed to herbicides, defoliants and 27 other causative agents, including Agent Orange. 28 (3) Maintain a central data bank within the department 29 for information collected on the health effects of exposure 30 to Vietnam herbicides and for the cataloguing of existing 19810H1575B3179 - 5 -
1 scientific and medical literature on the health effects of 2 this exposure. 3 (4) Initiate education for health professionals to 4 assist them in understanding the potential risks and state- 5 of-art knowledge with regard to detection, diagnosis and 6 treatment of acute and chronic symptoms associated with 7 Vietnam herbicides exposure. THE EDUCATION COMPONENT SHOULD <-- 8 UTILIZE EXISTING RESOURCES, SUCH AS THE INFORMATIONAL FILMS 9 PREPARED BY THE VETERANS ADMINISTRATION, WHENEVER POSSIBLE. 10 Section 10 9. Reports to the department. <-- 11 (a) A physician who has primary responsibility for treating 12 a veteran who believes he may have been exposed to chemical 13 herbicides or defoliants, including Agent Orange, while serving 14 in the Armed Forces of the United States, shall, at the request 15 of the veteran, submit a report to the department on a form 16 provided by the department. If there is no physician having 17 primary responsibility for treating the veteran, the hospital 18 treating the veteran shall, at the request of the veteran, 19 submit the report to the department. 20 (b) The form provided by the department to the physician 21 SHALL BE SIMILAR IN CONTENT TO THE FORMS BEING USED BY THE <-- 22 VETERANS ADMINISTRATION IN THEIR AGENT ORANGE REGISTRY PROGRAM 23 AND shall request the following information: 24 (1) Symptoms to a chemical herbicide or defoliant or <-- 25 other causative agent, including Agent Orange. OF THE <-- 26 VETERAN. 27 (2) Diagnosis of the veteran. 28 (3) Methods of treatment prescribed. 29 (4) DATES OF MILITARY SERVICE IN VIETNAM AND THE <-- 30 LOCATIONS IN VIETNAM WHERE THE VETERAN SERVED. 19810H1575B3179 - 6 -
1 (c) The department may require the veteran to provide such 2 other information as determined by the secretary of the 3 department. 4 Section 11 10. Cooperation with department. <-- 5 The secretary may request and shall receive from any 6 department, division, board, bureau, commission or agency of the 7 State or of any political subdivision thereof such assistance 8 and data as will enable him to properly carry out his activities 9 hereunder and effectuate the purposes herein set forth. The 10 secretary may also enter into any contract for services as he 11 deems necessary with a private agency or concern upon said terms 12 and conditions as he deems appropriate. Information concerning 13 patient and medical data provided to the secretary pursuant to 14 this section shall be kept confidential according to these 15 provisions. Statistical information collected under this act is 16 public information. 17 Section 12 11. Immunity from liability. <-- 18 A physician or a hospital subject to this act who complies 19 with this act may not be held civilly or criminally liable for 20 providing the information required by this act. 21 Section 13 12. Report by department. <-- 22 The department shall make an annual report to the Legislature 23 of its findings and recommendations concerning the 24 effectiveness, impact and benefits derived from the special 25 policies as provided for in this act. Such report shall be 26 delivered on or before March 1 and shall contain evaluations of 27 the policies and any legislation deemed necessary and proper to 28 the House Federal-State Relations Committee and the Senate 29 Military and Veterans Affairs Committee. 30 Section 14 13. Appropriation. <-- 19810H1575B3179 - 7 -
1 The sum of $300,000 $150,000, or as much thereof as may be <-- 2 necessary, is specifically appropriated to the Department of 3 Health for the fiscal period 1981-1982 to carry out the 4 provisions of this act. 5 Section 15 14. Effective date. <-- 6 This act shall take effect December 1, 1981. IMMEDIATELY. <-- F2L35RZ/19810H1575B3179 - 8 -