PRIOR PRINTER'S NOS. 1537, 1865 PRINTER'S NO. 1913
No. 1159 Session of 1983
INTRODUCED BY SHAFFER, PECORA, REIBMAN, HELFRICK, ANDREZESKI,
STAPLETON, O'CONNELL AND SHUMAKER, NOVEMBER 30, 1983
AS AMENDED ON SECOND CONSIDERATION, APRIL 24, 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), 3, 4, 5, 6, 7, 8, 9 and 12 of <--
14 the act of April 29, 1982 (P.L.355, No.99), known as the Vietnam
15 Herbicides Information Act, are amended REENACTED AND AMENDED to <--
16 read:
17 Section 2. Definitions.
18 The following words and phrases when used in this act shall
19 have, unless the context clearly indicates otherwise, the
20 meanings given to them in this section:
21 "Agent Orange." The herbicide composed of [tri-chlorphenoxy
1 acitic] trichlorophenoxyacetic acid and [di-chlorphenoxyacitic]
2 dichorophenoxyacetic acid and the contaminant dioxin (TCDD).
3 "Commission." The Vietnam Herbicides Information Commission
4 established pursuant to section 3.
5 "Department." The Department of Health of the Commonwealth
6 of Pennsylvania.
7 "Secretary." The Secretary of Health of the Commonwealth of
8 Pennsylvania.
9 "Veteran." A person who was a resident of the Commonwealth
10 at the time of his induction into the Armed Forces of the United
11 States of America or is a resident of this Commonwealth who
12 served in the armed forces during the years 1961-1972.
13 "Vietnam herbicide." The herbicides, defoliants and other
14 causative agents containing dioxin, including Agent Orange, used
15 in the Vietnam Conflict.
16 Section 3. The Vietnam Herbicides Information Commission. <--
17 * * *
18 (f) The commission shall be established [for a period of
19 [two] five years] until April 30, 1987.
20 * * *
21 Section 7. Reports.
22 The commission shall make a preliminary report to the
23 Governor and the Legislature of its findings, conclusions and
24 recommendations not later than November 30, 1982 and a final
25 report of its findings, conclusions and recommendations not
26 later than [June] April 30, [1983] 1987.
27 SECTION 3. THE VIETNAM HERBICIDES INFORMATION COMMISSION. <--
28 (A) THERE IS HEREBY CREATED WITHIN THE DEPARTMENT OF HEALTH
29 AN ADVISORY COMMISSION TO BE KNOWN AS THE VIETNAM HERBICIDES
30 INFORMATION COMMISSION. THIS COMMISSION ON VIETNAM HERBICIDES
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1 EXPOSURE IS TO OBTAIN INFORMATION RELATING TO THE HEALTH EFFECTS
2 OF EXPOSURE TO HERBICIDES CONTAINING DIOXIN AND OTHER CAUSATIVE
3 AGENTS FOR VIETNAM VETERAN RESIDENTS OF THE [STATE] COMMONWEALTH
4 OF PENNSYLVANIA WHO MAY HAVE BEEN EXPOSED TO THESE SUBSTANCES
5 DURING THEIR PERIOD OF MILITARY SERVICE.
6 (B) THE COMMISSION SHALL CONSIST OF 15 MEMBERS WHO SHALL
7 SERVE FOR A TERM OF TWO YEARS. THE GOVERNOR SHALL APPOINT THE
8 SECRETARY OF HEALTH, THE ADJUTANT GENERAL OF THE DEPARTMENT OF
9 MILITARY AFFAIRS, THE CHAIRMAN OF THE STATE VETERANS COMMISSION,
10 THE PRESIDENT OF THE PENNSYLVANIA WAR VETERANS COUNCIL AND NINE
11 OTHER MEMBERS OF WHOM FIVE SHALL BE HONORABLY DISCHARGED
12 VETERANS OF THE VIETNAM CONFLICT WITH AT LEAST ONE VETERAN
13 SELECTED FROM EACH OF THE FIVE AREAS COVERED BY THE GOVERNOR'S
14 VETERANS OUTREACH CENTERS; OF THE REMAINING MEMBERS TO BE
15 APPOINTED BY THE GOVERNOR, ONE SHALL BE AN EPIDEMIOLOGIST
16 SELECTED FROM THE STATE PUBLIC HEALTH AND MEDICAL SCHOOLS, ONE
17 SHALL BE A HEALTH ENVIRONMENTALIST SELECTED FROM THE STATE
18 PUBLIC HEALTH AND MEDICAL SCHOOLS AND ONE SHALL BE A
19 TOXICOLOGIST SELECTED FROM THE STATE PUBLIC HEALTH AND MEDICAL
20 SCHOOLS AND ONE SHALL BE A SPECIALIST IN PUBLIC HEALTH SELECTED
21 FROM THE STATE PUBLIC HEALTH AND MEDICAL SCHOOLS. THE SPEAKER OF
22 THE HOUSE OF REPRESENTATIVES SHALL APPOINT ONE MEMBER OF THE
23 HOUSE TO THE COMMISSION. THE PRESIDENT PRO TEMPORE OF THE SENATE
24 SHALL APPOINT ONE MEMBER OF THE SENATE TO THE COMMISSION.
25 (C) THE COMMISSION SHALL BE CHAIRED BY THE SECRETARY OF THE
26 DEPARTMENT OF HEALTH.
27 (D) VACANCIES IN THE MEMBERSHIP OF THE COMMISSION AND ITS
28 OFFICERS SHALL BE FILLED FOR THE UNEXPIRED TERM IN THE SAME
29 MANNER AS THE ORIGINAL APPOINTMENT OR ELECTION.
30 (E) THE COMMISSION SHALL MEET AT LEAST FOUR TIMES EACH YEAR
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1 AT THE CALL OF THE CHAIRPERSON. THE INITIAL MEETING OF THE
2 COMMISSION SHALL BE CALLED BY THE SECRETARY OF HEALTH NOT LATER
3 THAN JULY 1, 1982.
4 (F) THE COMMISSION SHALL BE ESTABLISHED [FOR A PERIOD OF TWO
5 YEARS] UNTIL APRIL 30, 1987.
6 (G) THE MEMBERS OF THE COMMISSION SHALL RECEIVE NO
7 COMPENSATION FOR THEIR SERVICES BUT SHALL BE ALLOWED THEIR
8 ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF
9 THEIR DUTIES HEREUNDER.
10 SECTION 4. POWERS AND DUTIES OF THE COMMISSION.
11 THE COMMISSION SHALL HAVE THE FOLLOWING POWERS AND DUTIES:
12 (1) DETERMINE WHAT MEDICAL, ADMINISTRATIVE AND SOCIAL
13 ASSISTANCE IS NEEDED FOR VETERANS WHO WERE EXPOSED TO VIETNAM
14 HERBICIDES AND SUBMIT ITS RECOMMENDATIONS TO THE LEGISLATURE
15 FOR ITS CONSIDERATION.
16 (2) CONDUCT AN EXTENSIVE OUTREACH PROGRAM WHICH WOULD
17 COORDINATE AND SUPPLEMENT THE OUTREACH EFFORTS OF THE
18 DEPARTMENT OF MILITARY AFFAIRS, THE STATE VETERANS
19 COMMISSION, THE PENNSYLVANIA WAR VETERANS COUNCIL, COUNTY
20 DIRECTORS OF VETERANS AFFAIRS, THE GOVERNOR'S OUTREACH AND
21 ASSISTANCE CENTERS AND OTHER ORGANIZATIONS TO INFORM VETERANS
22 WHO MAY HAVE BEEN EXPOSED TO HERBICIDES CONTAINING DIOXIN OF
23 ANY FEDERAL OR STATE ASSISTANCE AVAILABLE TO THEM.
24 (3) ACT AS THE OFFICIAL AGENT OF THE STATE FOR
25 DISSEMINATING INFORMATION TO VETERANS ABOUT EPIDEMIOLOGICAL
26 OR OTHER STUDIES RELATING TO VIETNAM HERBICIDES EXPOSURE
27 WHICH ARE BEING CONDUCTED BY THE FEDERAL OR STATE GOVERNMENT.
28 SECTION 5. COOPERATION WITH OTHER AGENCIES.
29 TO THE MAXIMUM EXTENT FEASIBLE, THE COMMISSION SHALL BE
30 ENTITLED TO REQUEST AND RECEIVE AND SHALL UTILIZE AND BE
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1 PROVIDED WITH SUCH FACILITIES, RESOURCES AND DATA OF ANY COURT,
2 DEPARTMENT, DIVISION, BOARD, BUREAU, COMMISSION OR AGENCY OF THE
3 [STATE] COMMONWEALTH OR ANY POLITICAL SUBDIVISION THEREOF AS IT
4 MAY REASONABLY REQUEST TO CARRY OUT PROPERLY ITS POWERS AND
5 DUTIES HEREUNDER.
6 SECTION 6. INFORMATION TO BE CONFIDENTIAL.
7 THE COMMISSION SHALL NOT DISCLOSE INFORMATION RECEIVED
8 PURSUANT TO THIS ACT SO AS TO DIVULGE THE IDENTITIES OF THE
9 PERSONS TO WHOM IT RELATES EXCEPT AS IS NECESSARY TO CARRY OUT
10 THE PURPOSES OF THIS ACT.
11 SECTION 7. REPORTS.
12 THE COMMISSION SHALL MAKE A PRELIMINARY REPORT TO THE
13 GOVERNOR AND THE LEGISLATURE OF ITS FINDINGS, CONCLUSIONS AND
14 RECOMMENDATIONS NOT LATER THAN NOVEMBER 30, 1982 AND A FINAL
15 REPORT OF ITS FINDINGS, CONCLUSIONS AND RECOMMENDATIONS NOT
16 LATER THAN [JUNE 30, 1983] APRIL 30, 1987.
17 Section 8. Duties of the Department of Health.
18 For the purpose of identifying persons who were exposed to
19 Vietnam herbicides and for the purpose of compiling data on the
20 health effects of this exposure, the department shall:
21 (1) Establish, promote and maintain a public information
22 program on Vietnam herbicides. Such program shall be
23 coordinated with the Department of Military Affairs and the
24 Governor's Outreach and Assistance Centers and shall include,
25 but may not be limited to, assistance in the commission's
26 efforts to contact veterans who were exposed to the herbicide
27 containing dioxin.
28 (2) Establish, maintain and promote a reporting process
29 for veterans who were exposed to herbicides, defoliants and
30 other causative agents, including Agent Orange.
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1 (3) Maintain a central data bank within the department
2 for information collected on the health effects of exposure
3 to Vietnam herbicides and for the cataloguing of existing
4 scientific and medical literature on the health effects of
5 this exposure.
6 (4) Initiate education for health professionals to
7 assist them in understanding the potential risks and state-
8 of-art knowledge with regard to detection, diagnosis and
9 treatment of acute and chronic symptoms associated with
10 Vietnam herbicides exposure. The education component should
11 utilize existing resources, such as the informational films
12 prepared by the Veterans Administration, whenever possible.
13 (5) Initiate an epidemiological study or studies of the
14 health effects of exposure to herbicides, defoliants and
15 other causative agents, including Agent Orange.
16 Section 9. Reports to the department.
17 (a) A physician who has primary responsibility for treating
18 a veteran who believes he may have been exposed to chemical
19 herbicides or defoliants, including Agent Orange, while serving
20 in the Armed Forces of the United States, shall, at the request
21 of the veteran, submit a report to the department on a form
22 provided by the department. If there is no physician having
23 primary responsibility for treating the veteran, the hospital
24 treating the veteran shall, at the request of the veteran,
25 submit the report to the department.
26 (b) The form provided by the department to the physician
27 shall be similar in content to the forms being used by the
28 Veterans Administration in their Agent Orange Registry Program
29 and shall request the following information:
30 (1) Symptoms of the veteran.
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1 (2) Diagnosis of the veteran.
2 (3) Methods of treatment prescribed.
3 [(4) Dates of military service in Vietnam and the
4 locations in Vietnam where the veteran served.]
5 (c) The department may require the veteran to provide such
6 other information as determined by the secretary of the
7 department.
8 Section 12. Report by department.
9 The department shall make an annual report to the Legislature
10 of its findings and recommendations concerning the
11 effectiveness, impact and benefits derived from the special
12 policies as provided for in this act. Such report shall be
13 delivered on or before March 1 and shall contain evaluations of
14 the policies and any legislation deemed necessary and proper to
15 the House Federal-State Relations [Committee] and Military and
16 Veterans Affairs Committees and the Senate Military and Veterans
17 Affairs Committee.
18 Section 2. The act of April 29, 1982 (P.L.355, No.99), known
19 as the Vietnam Herbicides Information Act, and the commission
20 established thereby shall terminate on April 30, 1987.
21 Section 3. This act shall take effect immediately AND SHALL <--
22 BE RETROACTIVE TO APRIL 30, 1984.
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