AN ACT

 

1Requiring the Department of Health and the Department of
2Environmental Protection to coordinate and cooperate on any
3investigations into suspected disease or cancer clusters in
4this Commonwealth.

5The General Assembly of the Commonwealth of Pennsylvania
6hereby enacts as follows:

7Section 1.  Short title.

8This act shall be known and may be cited as the Disease and
9Cancer Cluster Coordination Act.

10Section 2.  Definitions.

11The following words and phrases when used in this act shall
12have the meanings given to them in this section unless the
13context clearly indicates otherwise:

14"Department."  The Department of Health of the Commonwealth.

15"Disease or cancer cluster."  The occurrence of:

16(1)  a greater-than-expected number of cases of a
17particular disease or cancer within a group of individuals, a
18geographical area or a period of time; or

1(2)  a particular disease or cancer in such number of
2cases or meeting such other criteria as the secretary may
3determine.

4"Response team."  The disease and cancer cluster response
5team authorized by this act.

6"Secretary."  The Secretary of Health of the Commonwealth.

7Section 3.  Purposes.

8The purposes of this act are:

9(1)  To provide the department with the authority to
10conduct investigations into the potential for environmental
11contamination or toxic substances to cause disease or cancer
12clusters.

13(2)  To ensure that the department has the authority to
14take actions to help address existing and potential
15environmental pollution and toxic substances that may
16contribute to a disease or cancer cluster.

17(3)  To enable the department to work in conjunction with
18other State agencies in investigating and helping to address
19the possible causes of disease or cancer clusters.

20(4)  To help facilitate the rapid investigation of
21potential disease or cancer clusters in this Commonwealth.

22Section 4.  Guidelines for investigations and response to
23suspected disease or cancer cluster.

24(a)  Duty to develop.--The secretary, in consultation with
25the Secretary of Environmental Protection, shall develop
26guidelines and policies that describe a systematic and
27integrated approach to investigate:

28(1)  One or more suspected or potential disease or cancer
29clusters.

30(2)  The pollutants or toxic substances that may be

1associated with one or more suspected disease or cancer
2clusters.

3(3)  The potential causes of one or more disease or
4cancer clusters.

5(b)  Required provisions.--The guidelines developed under
6subsection (a) shall include, but are not limited to, the
7following provisions:

8(1)  Definitions of key concepts and actions.

9(2)  Disease or cancer cluster identification and
10reporting protocols.

11(3)  Standardized methods of reviewing and categorizing
12data, including from health surveillance systems and disease
13or cancer cluster reports.

14(4)  Guidance for using, in a health-protective way, an
15appropriate epidemiological, statistical or other approach
16for the circumstances of an investigation.

17(5)  Procedures for peer review of key documents by
18individuals who have no direct or indirect conflict of
19interest.

20(6)  A description of the responsibilities of the
21secretary and the Secretary of Environmental Protection in
22conducting investigations under this act.

23(c)  Public review and comment.--The guidelines developed
24under this act shall be made available for public review and
25comment for at least 60 days.

26Section 5.  Disease and cancer cluster response team.

27(a)  Authority to establish.--The secretary, in consultation
28with the Secretary of Environmental Protection, Federal
29agencies, other State agencies and institutions of higher
30education may establish and operate a disease and cancer cluster

1response team.

2(b)  Supervision by secretary.--The secretary shall be
3responsible for directing, coordinating and approving the work
4of the response team authorized under this section to ensure
5that the work is consistent with achieving the purposes of this
6act.

7(c)  Expertise.--The response team shall have expertise in
8epidemiology, toxicology, pollution control, data analysis,
9environmental health, exposure assessment, community outreach
10and involvement and other fields as the secretary determines are
11appropriate.

12(d)  Investigation.--At the direction of the secretary, the
13response team shall investigate suspected disease or cancer
14clusters, environmental pollutants or toxic substances
15associated with those disease or cancer clusters and potential
16causes of the disease or cancer cluster.

17(e)  Report.--

18(1)  At the conclusion of an investigation under this
19section, the response team shall prepare a report of its
20findings and conclusions and present the report to the
21secretary.

22(2)  The report of the response team shall be made public
23and prepared in a manner that preserves the confidentiality
24of individuals.

25Section 6.  Petition.

26(a)  Who may submit.--Any person, including a State or local
27official, may submit a petition to the secretary requesting that
28the response team conduct an investigation or take other action
29to address the potential of causes of disease or cancer clusters
30under this act.

1(b)  Basis to be described.--Each petition submitted under
2this section shall clearly describe the basis for the requested
3investigation or action, including any data supporting the
4request.

5(c)  Criteria to be established.--The secretary shall
6establish criteria for the consideration of petitions under this
7section. The criteria shall include the following:

8(1)  Evidence of the release of pollution or toxic
9substances.

10(2)  The locations in which there appear to be
11potentially significant health threats.

12(3)  Cases in which existing data appear to be inadequate
13to fully assess the potential risks to the public.

14(4)  Other factors as the secretary deems necessary.

15(d)  Written response.--No later than 60 days after receiving
16the petition, the secretary shall provide a written response
17that includes:

18(1)  The investigation or actions that will be taken in
19response to the petition.

20(2)  The reason for any denial or deferral of a response.

21Section 7.  Advisory committees.

22(a)  Establishment.--The secretary shall establish a
23community disease or cancer cluster advisory committee in each
24area where an investigation is conducted in response to a
25petition submitted under section 6.

26(b)  Duties.--The advisory committee shall provide oversight,
27guidance and advice relating to the investigation. This duty
28shall include, but not be limited to:

29(1)  The investigation of suspected and potential disease
30or cancer clusters.

1(2)  The investigation of environmental pollutants or
2toxic substances associated with suspected or potential
3disease or cancer clusters.

4(3)  The investigation of potential causes of disease or
5cancer clusters and the efforts to address the potential
6causes of disease or cancer clusters.

7(4)  The most effective means of ensuring outreach and
8involvement to the community.

9(c)  Membership.--Membership on the advisory committee shall
10include:

11(1)  Individuals who are or may be impacted by a
12suspected disease or cancer cluster.

13(2)  Local officials.

14(3)  At least two individuals appointed by the secretary
15who have knowledge of the suspected disease or cancer
16cluster.

17(4)  Other appropriate individuals as determined by the
18secretary.

19Section 8.  Reports.

20(a)  Duty to prepare.--Within one year of the effective date
21of this section, the secretary, in consultation with the
22Secretary of Environmental Protection, shall prepare a report
23that includes the following:

24(1)  The status of any activities conducted under this
25act to investigate and address the suspected and potential
26causes of disease or cancer clusters.

27(2)  A list of the pollutants and toxic substances
28associated with suspected and potential disease or cancer
29clusters.

30(3)  Outreach activities to State agencies, local

1officials and communities.

2(4)  Other relevant information.

3(b)  Submission of report.--The secretary shall submit the
4report under this section to the Public Health and Welfare
5Committee of the Senate, the Environmental Resources and Energy
6Committee of the Senate, the Health Committee of the House of
7Representatives and the Environmental Resources and Energy
8Committee of the House of Representatives.

9Section 9.  Effective date.

10This act shall take effect in 60 days.