Pennsylvania Act 1980-224 — PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ACT

Act text

PENNSYLVANIA CANCER CONTROL, PREVENTION AND RESEARCH ACT
                 Act of Dec. 18, 1980, P.L. 1241, No. 224             Cl. 35
         (Reenacted and amended Nov. 25, 1988, P.L.1086, No.126)
                                  AN ACT

     Creating the Pennsylvania Cancer Control, Prevention and
        Research Advisory Board, providing authorization for the
        Secretary of Health, upon the recommendation of the
        Pennsylvania Cancer Control, Prevention and Research Advisory
        Board, to award grants and contracts for cancer control,
        prevention and research to associations organized in
        Pennsylvania and to governmental agencies in Pennsylvania.

        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 "Pennsylvania
     Cancer Control, Prevention and Research Act."
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have, unless the context clearly indicates otherwise, the
     meanings given to them in this section:
        "Board."  The Pennsylvania Cancer Control, Prevention and
     Research Advisory Board established by this act.
        "Cancer."  All malignant neoplasms, regardless of the tissue
     of origin, including malignant lymphoma and leukemia.
        "Secretary."  The Secretary of Health of the Commonwealth of
     Pennsylvania.
     Section  3.  Pennsylvania Cancer Control, Prevention and
                    Research Advisory Board.
        (a)  There is hereby created in the Department of Health the
     "Pennsylvania Cancer Control, Prevention and Research Advisory
     Board." The board shall consist of 11 members, all of whom shall
     be Pennsylvania residents, ten of whom the Governor shall
     appoint by and with the consent of a majority of the Senate. Of
     the ten appointed, three shall be distinguished scientists and
     physicians in the field of cancer, one shall be a qualified
     professional nurse engaged in the practice of oncological
     nursing, one shall be skilled in health care administration and
     two with 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 three consumer
     members. The Secretary of Health shall be a member of the board.
        (b)  The terms of the members shall be four years from the
     respective date of their appointment except that the initial
     appointments shall be made in such a manner so that four members
     be appointed for terms of four years, three members be appointed
     for terms of three years, and three members be appointed for
     terms of two years.
        (c)  A chairman shall be appointed by the Governor for a term
     of four years.
        (d)  The board shall meet no less than four times annually at
     the call of the chairman or, in his absence or incapacity at the
     call of the Secretary of Health. Six members of the board shall
     constitute a quorum 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.
        (e)  Each board member, except the secretary, shall receive
     actual travelling expenses and other necessary expenses.
        (f)  No member of the board shall 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 the board.
        (a)  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)  The board shall advise the secretary with respect to
     cancer control, prevention and research in Pennsylvania.
        (c)  The board shall approve each year a program for cancer
     control, prevention and research to be known as the
     "Pennsylvania Cancer Plan."
        (d)  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.
        (e)  Grants and contracts may be recommended for:
            (1)  Cancer registry.
            (2)  Cancer screening, detection and prevention.
            (3)  Cancer epidemiology and biostatistical studies.
            (4)  Cancer community outreach programs, including, but
        not limited to, 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)  Consistent with the Pennsylvania Cancer Plan the board
     shall give its first priority to funding grants and contracts
     relating to subsection (e)(1), (2), (3) and (4); second priority
     to funding grants and contracts relating to subsection (e)(5)
     and (6); third priority to funding grants and contracts relating
     to subsection (e)(7), (8) and (9).
        (g)  The following criteria shall be given consideration for
     recommending grants and contracts for programs:
            (1)  the relevancy of applicant's proposal to the
        Pennsylvania Cancer Plan; and
            (2)  the feasibility of the applicant's proposal.
        (h)  The board shall recommend to the secretary rules and
     regulations consistent with law as it may deem necessary for the
     performance of its duties and the proper administration of this
     act.
        (i)  The board shall report annually to the Governor and the
     General Assembly. The report shall include, but not be limited
     to, a full description of the grants and contracts funded
     pursuant to this act, the amount of the grant or contract, an
     outline of the proposal on which the grant was based, and the
     results achieved as a result of the grant.
     Section 5.  Responsibilities of the secretary.
        (a)  The secretary shall award grants and contracts only from
     among those recommended by the board to qualified Pennsylvania
     associations 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)  The secretary shall provide such staff, information and
     other assistance as the secretary may deem necessary for the
     completion of the board's responsibilities. Such staff shall be
     responsible to the secretary.
     Section 6.  Cancer registry.
        (a)  The Department of Health 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
     effectuate the provisions of this act as determined by the
     department.
        (b)  Persons in charge of hospitals and laboratories shall be
     required by the Department of Health, in accordance with its
     regulations adopted with the advice of the board to report cases
     of cancer on forms furnished by the department.
        (c)  The reports required pursuant to this act shall be
     confidential and not open to public inspection or dissemination.
     This shall not restrict the collection and analysis of data by
     the Department of Health or those with whom the department
     contracts, nor shall it restrict the department from permitting
     the use of the reports and data contained therein for research
     purposes, subject to strict supervision by the Department of
     Health to insure that the use of the reports is limited to
     specific research purposes. ((c) amended June 30, 1992, P.L.334,
     No.67)
     Section 7.  Sunset provisions.
        With the exception of section 6, this act shall expire on
     June 30, 2016, unless otherwise extended by an act of the
     General Assembly.
        (7 amended May 1, 2006, P.L.111, No.33)
     Section 8.  Effective date.
        This act shall take effect January 1, 1981.