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                                 SENATE AMENDED
        PRIOR PRINTER'S NO. 963                       PRINTER'S NO. 4278

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 801 Session of 2005


        INTRODUCED BY HARHART, BALDWIN, BEBKO-JONES, BELARDI, BISHOP,
           CALTAGIRONE, CAPPELLI, CAWLEY, CRAHALLA, CREIGHTON, CURRY,
           DeWEESE, FRANKEL, GOOD, GOODMAN, GRUCELA, HARPER, HENNESSEY,
           HERMAN, JOSEPHS, KIRKLAND, LEDERER, MANN, McILHATTAN,
           McILHINNEY, MELIO, MYERS, O'NEILL, PHILLIPS, READSHAW,
           REICHLEY, SAINATO, SAYLOR, SCHRODER, STERN, E. Z. TAYLOR,
           TIGUE, WATSON, WHEATLEY, YOUNGBLOOD, GEIST, R. STEVENSON,
           PICKETT, S. MILLER, STABACK, FREEMAN, DENLINGER, LEACH,
           B. SMITH, DeLUCA, THOMAS, MAJOR, HESS, GEORGE, FABRIZIO,
           MILLARD, PALLONE, ALLEN, SAMUELSON, COSTA, BROWNE AND NAILOR,
           MARCH 14, 2005

        SENATOR WENGER, APPROPRIATIONS, IN SENATE, RE-REPORTED AS
           AMENDED, JUNE 19, 2006

                                     AN ACT

     1  Authorizing and directing the Department of Health to establish
     2     a Cervical Cancer Task Force to evaluate and make
     3     recommendations for education, prevention and detection AND    <--
     4     PREVENTION of cervical cancer.

     5     The General Assembly finds and declares as follows:
     6         (1)  According to Federal statistics, cervical cancer is
     7     the third most commonly diagnosed gynecological cancer among
     8     American women.
     9         (2)  In 2003, the Centers for Disease Control reported     <--
    10     that an estimated 12,200 new cases of cervical cancer were
    11     diagnosed and an estimated 4,100 women would die of this
    12     disease.
    13         (3)  In Pennsylvania, the rate of cervical cancer is


     1     slightly lower than the national average.
     2         (4)  Cervical cancer disproportionately affects minority
     3     women and women with lower incomes because they are less
     4     likely to have access to routine screening.
     5         (5)  Human papillomavirus (HPV) is a primary cause of
     6     cervical cancer.
     7         (6)  Each year more than 5 million people acquire human
     8     papillomavirus, which is linked to cervical cancer in high-
     9     risk cases.
    10         (7)  With regular and accurate screening, cervical cancer
    11     is highly preventable.
    12         (8)  When found early, cervical cancer is highly curable,
    13     but testing is required for early detection.
    14         (9)  Approximately half of all cervical cancer cases are
    15     in women who have never been screened and 10% of cases are in
    16     women who have not been screened within five years.
    17         (10)  Cervical cancer cases in the United States are
    18     generally attributed to a lack of education, a reduction of
    19     access available to regular cervical cancer screening and a
    20     lack of screening accuracy.
    21         (11)  The public's widespread recognition of breast
    22     cancer can overshadow the significance of cervical cancer.
    23         (2)  PENNSYLVANIA HAS THE SIXTH HIGHEST RATE OF CERVICAL   <--
    24     CANCER IN THE NATION.
    25         (3)  CERVICAL CANCER DISPROPORTIONATELY AFFECTS MINORITY
    26     WOMEN AND WOMEN WITH LOWER INCOMES BECAUSE THEY ARE LESS
    27     LIKELY TO HAVE ACCESS TO ROUTINE SCREENING.
    28         (4)  ACCORDING TO THE AMERICAN CANCER SOCIETY HUMAN
    29     PAPILLOMAVIRUS (HPV) IS RECOGNIZED AS THE PRIMARY CAUSE OF
    30     CERVICAL CANCER.
    20050H0801B4278                  - 2 -     

     1         (5)  EACH YEAR MORE THAN 5 MILLION PEOPLE ACQUIRE HUMAN
     2     PAPILLOMAVIRUS, WHICH IS LINKED TO CERVICAL CANCER IN HIGH-
     3     RISK CASES.
     4         (6)  WITH REGULAR AND ACCURATE SCREENING, CERVICAL CANCER
     5     IS HIGHLY PREVENTABLE.
     6         (7)  WHEN FOUND EARLY, CERVICAL CANCER IS HIGHLY CURABLE.
     7         (8)  APPROXIMATELY HALF OF ALL CERVICAL CANCER CASES ARE
     8     IN WOMEN WHO HAVE NEVER BEEN SCREENED AND 10% OF CASES ARE IN
     9     WOMEN WHO HAVE NOT BEEN SCREENED WITHIN FIVE YEARS.
    10     The General Assembly of the Commonwealth of Pennsylvania
    11  hereby enacts as follows:
    12  Section 1.  Short title.                                          <--
    13     This act shall be known and may be cited as the Cervical
    14  Cancer Education, Prevention and Detection Act.
    15  Section 2.  Legislative intent.
    16     The purpose of this act is to provide for education,
    17  detection and treatment of cervical cancer separate from breast
    18  cancer.
    19  Section 3.  Definitions.
    20     The following words and phrases when used in this act shall
    21  have the meanings given to them in this section unless the
    22  context clearly indicates otherwise:
    23     "Department."  The Department of Health of the Commonwealth.
    24     "Plan."  The Cervical Cancer Education, Prevention and
    25  Detection Plan.
    26     "Task force."  The Cervical Cancer Task Force established
    27  under section 4 (relating to Cervical Cancer Task Force.
    28  Section 4.  Cervical Cancer Task Force.
    29     (a)  Establishment.--The Cervical Cancer Task Force is
    30  established in the department.
    20050H0801B4278                  - 3 -     

     1     (b)  Composition.--The task force shall be determined by the
     2  department and shall include individuals with expertise in
     3  women's health, including, but not limited to, gynecological
     4  oncology, epidemiology, social services and outreach to women
     5  and minorities, and shall also include a representative of the
     6  department's Healthy Women Project and a representative of the
     7  Department of Public Welfare's Breast and Cervical Cancer
     8  Treatment Project. The task force shall reflect the composition
     9  of the State population with regard to ethnicity, race and age.
    10  Section 5.  Meetings.
    11     The task force shall convene within 90 days after the
    12  appointments are made and published and meet at least quarterly.
    13  Section 6.  Compensation and expenses.
    14     The members of the task force shall receive no compensation
    15  for their services but shall be allowed their actual and
    16  necessary expenses incurred in performance of their duties. Such
    17  reimbursement shall be provided for through the department.
    18  Section 7.  Duties.
    19     The task force shall have the following duties:
    20         (1)  To obtain from the department statistical and
    21     qualitative data on the prevalence and incidence of cervical
    22     cancer.
    23         (2)  In collaboration with the department, to raise
    24     public awareness on the causes and nature of cervical cancer,
    25     personal risk factors, value of prevention, early detection,
    26     options for testing, treatment costs, new technology, medical
    27     care reimbursement and health provider.
    28         (3)  To identify priority strategies and new
    29     technologies, including newly introduced diagnostics and
    30     preventive therapies that are effective in preventing and
    20050H0801B4278                  - 4 -     

     1     controlling the risk of cervical cancer.
     2         (4)  To identify and examine the limitations of existing
     3     laws, regulations, programs and services with regard to
     4     coverage and awareness issues for cervical cancer.
     5         (5)  In consultation with the department and the
     6     Pennsylvania Cancer Control Consortium, to develop a
     7     Statewide comprehensive Cervical Cancer Education, Prevention
     8     and Detection Plan and develop strategies for implementing
     9     and promoting the plan to the general public, State and local
    10     elected officials and various public and private
    11     organizations, associations, businesses, industries and
    12     agencies.
    13         (6)  To identify strategies to facilitate specific
    14     commitments to help implement the plan from the entities
    15     listed in paragraph (8).
    16         (7)  To facilitate coordination of and communication
    17     among State and local agencies and organizations regarding
    18     current or future involvement in achieving the aims of the
    19     plan.
    20         (8)  To receive and consider reports and testimony from
    21     individuals, local health departments, community-based
    22     organizations, voluntary health organizations and other
    23     public and private organizations Statewide to learn more
    24     about their contributions to cervical cancer diagnosis,
    25     prevention and treatment and their ideas for improving
    26     cervical cancer prevention, diagnosis and treatment in this
    27     Commonwealth.
    28  Section 8.  Report.
    29     Beginning November 30, 2005, and on November 30 each year
    30  thereafter, the task force shall present a report to the
    20050H0801B4278                  - 5 -     

     1  chairman of the Public Health and Welfare Committee of the
     2  Senate and the chairman of the Health and Human Services
     3  Committee of the House of Representatives. The annual report
     4  shall present its findings and recommendations including:
     5         (1)  The anticipated time frame for completion of the
     6     plan.
     7         (2)  Recommendations on human and financial resources
     8     required to implement the plan.
     9         (3)  Recommended strategies or actions to reduce the
    10     occurrence of cervical cancer in women in this Commonwealth.
    11         (4)  Recommended strategies or actions to reduce the
    12     costs of cervical cancer.
    13         (5)  Progress being made in fulfilling the duties of the
    14     task force and in developing and implementing the plan.
    15  Section 9.  Expiration.
    16     The task force shall expire November 30, 2009, or upon
    17  submission of the task force's final report to the General
    18  Assembly.
    19  Section 10.  Effective date.
    20     This act shall take effect in 30 days.
    21  SECTION 1.  SHORT TITLE.                                          <--
    22     THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE CERVICAL
    23  CANCER EDUCATION AND PREVENTION ACT.
    24  SECTION 2.  LEGISLATIVE INTENT.
    25     THE PURPOSE OF THIS ACT IS TO PROVIDE FOR EDUCATION AND
    26  PREVENTION OF CERVICAL CANCER.
    27  SECTION 3.  DEFINITIONS.
    28     THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
    29  HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
    30  CONTEXT CLEARLY INDICATES OTHERWISE:
    20050H0801B4278                  - 6 -     

     1     "DEPARTMENT."  THE DEPARTMENT OF HEALTH OF THE COMMONWEALTH.
     2     "PLAN."  THE CERVICAL CANCER EDUCATION AND PREVENTION PLAN.
     3     "TASK FORCE."  THE CERVICAL CANCER TASK FORCE ESTABLISHED
     4  UNDER SECTION 4.
     5  SECTION 4.  CERVICAL CANCER TASK FORCE.
     6     (A)  ESTABLISHMENT.--THE CERVICAL CANCER TASK FORCE IS
     7  ESTABLISHED IN THE DEPARTMENT.
     8     (B)  COMPOSITION.--THE SECRETARY OF HEALTH OR A DESIGNEE
     9  SHALL SERVE AS CHAIRPERSON OF THE TASK FORCE. THE SECRETARY OF
    10  HEALTH SHALL APPOINT THE FOLLOWING MEMBERS:
    11         (1)  A REPRESENTATIVE OF THE HEALTHY WOMEN PROJECT IN THE
    12     DEPARTMENT.
    13         (2)  A REPRESENTATIVE OF THE BREAST AND CERVICAL CANCER
    14     TREATMENT PROGRAM IN THE DEPARTMENT OF PUBLIC WELFARE.
    15         (3)  A GYNECOLOGY ONCOLOGIST.
    16         (4)  AN EPIDEMIOLOGIST.
    17         (5)  A PUBLIC HEALTH PROFESSIONAL.
    18         (6)  TWO REPRESENTATIVES OF WOMEN'S COMMUNITY HEALTH
    19     SERVICES.
    20         (7)  TWO REPRESENTATIVES OF WOMEN'S OUTREACH AND SOCIAL
    21     SERVICES.
    22         (8)  TWO REPRESENTATIVES OF HEALTH CONCERNS OF MINORITY
    23     WOMEN.
    24  SECTION 5.  MEETINGS.
    25     THE TASK FORCE SHALL CONVENE WITHIN 90 DAYS AFTER THE
    26  APPOINTMENTS ARE MADE AND PUBLISHED AND MEET AT THE DISCRETION
    27  OF THE CHAIRPERSON.
    28  SECTION 6.  COMPENSATION AND EXPENSES.
    29     THE MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION
    30  FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND
    20050H0801B4278                  - 7 -     

     1  NECESSARY EXPENSES INCURRED IN PERFORMANCE OF THEIR DUTIES. SUCH
     2  REIMBURSEMENT SHALL BE PROVIDED FOR THROUGH THE DEPARTMENT.
     3  SECTION 7.  DUTIES.
     4     THE TASK FORCE SHALL HAVE THE FOLLOWING DUTIES:
     5         (1)  TO DEVELOP, USING EXISTING RESOURCES, A PLAN TO
     6     RAISE PUBLIC AWARENESS AND EDUCATE WOMEN ON THE PREVENTION,
     7     EARLY SCREENING AND DETECTION OF CERVICAL CANCER AND ITS
     8     RELATION TO HUMAN PAPILLOMAVIRUS (HPV).
     9         (2)  TO IDENTIFY NEW TECHNOLOGIES, INCLUDING NEWLY
    10     INTRODUCED DIAGNOSTICS AND PREVENTIVE THERAPIES THAT ARE
    11     EFFECTIVE IN PREVENTING AND CONTROLLING THE RISK OF CERVICAL
    12     CANCER.
    13         (3)  TO MAKE RECOMMENDATIONS CONCERNING EXISTING LAWS,
    14     REGULATIONS, PROGRAMS AND SERVICES RELATING TO CERVICAL
    15     CANCER.
    16         (4)  TO RECEIVE AND CONSIDER REPORTS AND TESTIMONY FROM
    17     INDIVIDUALS, LOCAL HEALTH DEPARTMENTS, COMMUNITY-BASED
    18     ORGANIZATIONS, VOLUNTARY HEALTH ORGANIZATIONS AND OTHER
    19     PUBLIC AND PRIVATE ORGANIZATIONS STATEWIDE REGARDING
    20     EDUCATION AND PREVENTION OF CERVICAL CANCER, TO LEARN MORE
    21     ABOUT THEIR CONTRIBUTIONS TO CERVICAL CANCER DIAGNOSIS,
    22     PREVENTION AND TREATMENT AND THEIR IDEAS FOR IMPROVING
    23     CERVICAL CANCER PREVENTION, DIAGNOSIS AND TREATMENT IN THIS
    24     COMMONWEALTH.
    25         (5)  TO FACILITATE COORDINATION OF AND COMMUNICATION
    26     AMONG STATE AND LOCAL AGENCIES AND ORGANIZATIONS TO PROMOTE
    27     EDUCATION AND PREVENTION OF CERVICAL CANCER.
    28  SECTION 8.  REPORT.
    29     ON OR BEFORE NOVEMBER 30, 2007, THE TASK FORCE SHALL PRESENT
    30  A REPORT TO THE CHAIRMAN OF THE PUBLIC HEALTH AND WELFARE
    20050H0801B4278                  - 8 -     

     1  COMMITTEE OF THE SENATE AND THE CHAIRMAN OF THE HEALTH AND HUMAN
     2  SERVICES COMMITTEE OF THE HOUSE OF REPRESENTATIVES. THE REPORT
     3  SHALL PRESENT ITS FINDINGS AND RECOMMENDATIONS, INCLUDING, BUT
     4  NOT LIMITED TO:
     5         (1)  RECOMMENDATIONS TO RAISE PUBLIC AWARENESS ON THE
     6     PREVENTION, EARLY SCREENING AND DETECTION OF CERVICAL CANCER.
     7         (2)  RECOMMENDATIONS TO REDUCE THE OCCURRENCE OF CERVICAL
     8     CANCER IN WOMEN IN THIS COMMONWEALTH.
     9  SECTION 9.  EXPIRATION.
    10     THIS ACT SHALL EXPIRE NOVEMBER 30, 2007.
    11  SECTION 10.  EFFECTIVE DATE.
    12     THIS ACT SHALL TAKE EFFECT IN 60 DAYS.












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