2006 New York Code - Powers And Duties Of The Board.

 
    § 2411. Powers and duties of the board.  1. The board shall:
    (a)   Survey   state   agencies,  boards,  programs  and  other  state
  governmental entities to assess what, if any, relevant data has been  or
  is being collected which may be of use to researchers engaged in breast,
  prostate or testicular cancer research;
    (b)  Consistent with the survey conducted pursuant to paragraph (a) of
  this subdivision, compile a list of data  collected  by  state  agencies
  which may be of assistance to researchers engaged in breast, prostate or
  testicular cancer research as established in section twenty-four hundred
  twelve of this title;
    (c)  Consult  with the Centers for Disease Control and Prevention, the
  National Institutes of Health, the Federal Agency For Health Care Policy
  and Research, the National Academy of Sciences and  other  organizations
  or  entities  which  may  be involved in cancer research to solicit both
  information regarding breast, prostate and  testicular  cancer  research
  projects  that  are  currently  being  conducted and recommendations for
  future research projects;
    (d) Review requests made to the commissioner for access to information
  pursuant to paragraph b  of  subdivision  one  of  section  33-1203  and
  paragraph  c  of subdivision two of section 33-1205 of the environmental
  conservation law for use in human health related research projects. Such
  data shall only be provided  to  researchers  engaged  in  human  health
  related  research.  The request made by such researchers shall include a
  copy of the research proposal or the research protocol approved by their
  institution and copies of their institution's Institutional Review Board
  (IRB) or equivalent review board approval of such proposal or  protocol.
  In the case of research conducted outside the auspices of an institution
  by  a  researcher  previously  published  in  a peer-reviewed scientific
  journal, the board shall request copies of  the  research  proposal  and
  shall deny access to the site-specific and nine-digit zip code pesticide
  data if the board determines that such proposal does not follow accepted
  scientific  practice  for  the  design  of a research project. The board
  shall establish guidelines to restrict the dissemination by  researchers
  of  the name, address or other information that would otherwise identify
  a commercial applicator or private applicator or any person who receives
  the services of a commercial applicator;
    (e) Solicit, receive, and review applications from public and  private
  agencies  and  organizations  and  qualified  research  institutions for
  grants from the breast  cancer  research  and  education  fund,  created
  pursuant to section ninety-seven-yy of the state finance law, to conduct
  research  or educational programs which focus on the causes, prevention,
  screening, treatment and cure of breast cancer and may include, but  are
  not  limited to basic, behavioral, clinical, demographic, environmental,
  epidemiologic  and  psychosocial  research.    The  board   shall   make
  recommendations  to the commissioner, and the commissioner shall, in his
  or her discretion, grant approval of applications for grants from  those
  applications recommended by the board.  The board shall consult with the
  Centers  for  Disease Control and Prevention, the National Institutes of
  Health, the Federal Agency For Health  Care  Policy  and  Research,  the
  National  Academy  of Sciences, breast cancer advocacy groups, and other
  organizations or  entities  which  may  be  involved  in  breast  cancer
  research  to  solicit  both information regarding breast cancer research
  projects that are currently  being  conducted  and  recommendations  for
  future  research  projects. As used in this section, "qualified research
  institution" may include academic medical institutions, state  or  local
  government  agencies, public or private organizations within this state,
  and  any  other  institution  approved  by  the  department,  which   is
  conducting a breast cancer research project or educational program. If a
  board  member  submits an application for a grant from the breast cancer
  research and  education  fund,  he  or  she  shall  be  prohibited  from
  reviewing and making a recommendation on the application;
    (f)  Consider,  based  on  evolving  scientific  evidence,  whether  a
  correlation exists between pesticide use and pesticide exposure. As part
  of such  consideration  the  board  shall  make  recommendations  as  to
  methodologies which may be utilized to establish such correlation;
    (g)  After two years of implementation of pesticide reporting pursuant
  to section 33-1205 of the  environmental  conservation  law,  the  board
  shall compare the percentage of agricultural crop production general use
  pesticides  being  reported to the total amount of such pesticides being
  used  in  this  state  as  estimated  by  Cornell  University,   Cornell
  Cooperative Extension, the department of environmental conservation, and
  the Environmental Protection Agency;
    (h)  Meet  at least six times in the first year, at the request of the
  chair and at any other time as the  chair  deems  necessary.  The  board
  shall  meet  at  least  four times a year thereafter. Provided, however,
  that at least one such meeting a year shall  be  a  public  hearing,  at
  which  the  general  public  may  question  and  present information and
  comments to the board with  respect  to  the  operation  of  the  health
  research  science  board, the breast cancer research and education fund,
  the prostate and testicular  cancer  research  and  education  fund  and
  pesticide reporting established pursuant to sections 33-1205 and 33-1207
  of the environmental conservation law. At such hearing, the commissioner
  of  the  department of environmental conservation or his or her designee
  shall make a report to the board with  respect  to  the  efficiency  and
  utility  of pesticide reporting established pursuant to sections 33-1205
  and 33-1207 of the environmental conservation law.
    2. The commissioner shall request that the department of environmental
  conservation compile information pursuant to paragraph b of  subdivision
  one  of  section  33-1203  of  the  environmental  conservation  law  as
  necessary to fulfill board approved requests, pursuant to paragraph  (d)
  of subdivision one of this section.
    3. The commissioner shall provide the board with such staff assistance
  and  support  services  as  are  necessary  for the board to perform the
  functions required of it under this section.