PRINTER'S NO. 3109
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2201
Session of
2020
INTRODUCED BY HAHN, PYLE, LONGIETTI, SCHLOSSBERG, FREEMAN,
READSHAW, ROEBUCK, HILL-EVANS, SAMUELSON AND THOMAS,
JANUARY 10, 2020
REFERRED TO COMMITTEE ON HEALTH, JANUARY 10, 2020
AN ACT
Providing for cancer control, prevention and research and for
the Pennsylvania Cancer Control, Prevention and Research
Advisory Board; and making related repeals.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Cancer
Control, Prevention and Research Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Board." The Pennsylvania Cancer Control, Prevention and
Research Advisory Board continued under section 3.
"Cancer." All malignant neoplasms, regardless of the tissue
of origin, including malignant lymphoma and leukemia.
"Department." The Department of Health of the Commonwealth.
"Secretary." The Secretary of Health of the Commonwealth.
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Section 3. Pennsylvania Cancer Control, Prevention and Research
Advisory Board.
(a) Board continued.--The Pennsylvania Cancer Control,
Prevention and Research Advisory Board is continued as an
advisory board within the department.
(b) Membership.--The board shall consist of 11 members, all
of whom shall be residents of this Commonwealth. The board shall
include:
(1) Ten individuals appointed by the Governor with the
consent of a majority of the Senate as follows:
(i) three shall be distinguished scientists and
physicians in the field of cancer;
(ii) one shall be a qualified professional nurse
engaged in the practice of oncological nursing;
(iii) one shall be skilled in health care
administration;
(iv) two shall have substantial experience in the
field of public health, one of whom shall be a
professional nurse engaged in the practice of community
health nursing; and
(v) three shall be consumer members.
(2) The secretary.
(c) Terms.--The terms of the members shall be four years
from the respective date of their appointment.
(d) Chairperson.--A chairperson of the board shall be
appointed by the Governor for a term of four years.
(e) Meetings and quorum.--The board shall meet no less than
four times annually at the call of the chairperson or, in the
chairperson's absence or incapacity, at the call of the
secretary. Six members of the board shall constitute a quorum
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for the purpose of exercising all of the powers of the board. A
vote of the majority of the members present shall be sufficient
for all actions of the board.
(f) Expenses.--Each board member, except the secretary,
shall receive actual traveling expenses and other necessary
expenses.
(g) Conflict of interest.--No member of the board may
participate in any discussions and decisions to recommend grants
or contracts to any qualified association or to any agency of
the Commonwealth or its political subdivisions with which the
member is associated as a member of the governing body or as an
employee, or with which the member has entered into any
contractual arrangement.
Section 4. Responsibilities of board.
(a) Bylaws.--The board shall have the power to prescribe,
amend and repeal bylaws governing the manner in which the
business of the board is conducted.
(b) Duty to advise.--The board shall advise the secretary
with respect to cancer control, prevention and research in this
Commonwealth.
(c) Approval of program.--The board shall approve each year
a program for cancer control, prevention and research to be
known as the Pennsylvania Cancer Plan.
(d) Award of grants and contracts.--In order to implement in
whole or in part the Pennsylvania Cancer Plan, the board shall
recommend to the secretary the awarding of grants and contracts
to qualified associations, nonprofit organizations or
governmental agencies in order to plan, establish or conduct
programs in cancer control or prevention, cancer education and
training and cancer clinical research.
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(e) Eligible programs.--Grants and contracts may be
recommended for:
(1) The cancer registry under section 6.
(2) Cancer screening, detection and prevention.
(3) Cancer epidemiology and biostatistical studies.
(4) Cancer community outreach programs, including grants
for the provision of facilities and personnel for conducting
summer camps and other activities for cancer-afflicted
children.
(5) Cancer rehabilitation.
(6) Communication and planning among cancer
institutions.
(7) Cancer education and information.
(8) Cancer training.
(9) Cancer clinical research.
(f) Funding priorities.--Consistent with the Pennsylvania
Cancer Plan the board shall give its:
(1) first priority to funding grants and contracts
relating to subsection (e)(1), (2), (3) and (4);
(2) second priority to funding grants and contracts
relating to subsection (e)(5) and (6); and
(3) third priority to funding grants and contracts
relating to subsection (e)(7), (8) and (9).
(g) Criteria.--The following criteria shall be given
consideration for recommending grants and contracts for
programs:
(1) The relevancy of the applicant's proposal to the
Pennsylvania Cancer Plan.
(2) The feasibility of the applicant's proposal.
(h) Rules and regulations.--The board shall recommend to the
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secretary rules and regulations consistent with laws of this
Commonwealth as it may deem necessary for the performance of its
duties and the proper administration of this act.
(i) Report.--The board shall report annually to the Governor
and the General Assembly. The report shall include, but not be
limited to, the following:
(1) A full description of the grants and contracts
funded under this act.
(2) The amount of grants and contracts.
(3) An outline of the proposal on which grants were
based.
(4) The results achieved as a result of the grants.
Section 5. Responsibilities of secretary.
(a) Award of grants and contracts.--The secretary shall
award grants and contracts only from among those recommended by
the board to qualified associations in this Commonwealth and
governmental agencies in order to plan, establish or conduct
programs in cancer control and prevention, cancer education and
training and cancer research. The secretary may request
additional recommendations from the board.
(b) Assistance to board.--The secretary shall provide such
staff, information and other assistance as the secretary may
deem necessary for the completion of the board's
responsibilities. The staff shall be responsible to the
secretary.
Section 6. Cancer registry.
(a) Registry.--The department shall establish a system for
the Statewide collection and dissemination of data on cases of
cancer by anatomical site, medical and occupational history of
patients, stage of disease and other data necessary to
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effectuate the provisions of this act as determined by the
department.
(b) Required reporting.--Individuals in charge of hospitals
and laboratories shall be required by the department, in
accordance with regulations adopted with the advice of the
board, to report cases of cancer on forms furnished by the
department.
(c) Confidentiality of information.--The reports required
under this act shall be confidential and not open to public
inspection or dissemination. This subsection shall not restrict
the collection and analysis of data by the department or those
with which the department contracts, nor shall it restrict the
department from permitting the use of the reports and data
contained in the reports for research purposes, subject to
strict supervision by the department to ensure that the use of
the reports is limited to specific research purposes.
Section 7. Repeals.
Repeals are as follows:
(1) The General Assembly declares that the repeals under
paragraphs (2) and (3) are necessary to effectuate this act.
(2) Article II-B of the act of April 9, 1929 (P.L.343,
No.176), known as The Fiscal Code, is repealed.
(3) The act of December 18, 1980 (P.L.1241, No.224),
known as the Pennsylvania Cancer Control, Prevention and
Research Act, is repealed.
Section 8. Continuation.
This act is a continuation of Article II-B of the act of
April 9, 1929 (P.L.343, No.176), known as The Fiscal Code.
Except as otherwise provided in this act, all activities
initiated under Article II-B of The Fiscal Code shall continue
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and remain in full force and effect and may be completed under
this act. Orders, regulations, rules and decisions which were
made under Article II-B of The Fiscal Code and which are in
effect on the effective date of section 7(2) and (3) of this act
shall remain in full force and effect until revoked, vacated or
modified under this act. Contracts, obligations and collective
bargaining agreements entered into under Article II-B of The
Fiscal Code are not affected nor impaired by the repeal of
Article II-B of The Fiscal Code.
Section 9. Effective date.
This act shall take effect in 60 days.
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