Section 366. Veterans health screening  


Latest version.
  • 1.  As used in this section: a.
      "Eligible member" means a member of the New York army national guard  or
      the  New  York air national guard who served in the Persian Gulf War, as
      defined in 38 USC 101, or in an area designated as a combat zone by  the
      president  of  the  United  States  during Operation Enduring Freedom or
      Operation Iraqi Freedom;
        b. "Veteran" means a person, male or female, resident of  this  state,
      who  has  served  in  the  active  military, naval or air service of the
      United States during a time of war in which the  United  States  engaged
      and   who  has  been  released  from  such  service  otherwise  than  by
      dishonorable discharge, or who has been furloughed to the reserve;
        c. "Military physician" includes a physician  who  is  under  contract
      with  the  United  States  department  of  defense  to provide physician
      services to members of the armed forces; and
        d. "Depleted uranium" means uranium containing less  uranium-235  than
      the naturally occurring distribution of uranium isotopes.
        2.  On  and  after  February  first,  two thousand seven, the adjutant
      general and the state director  shall  assist  any  eligible  member  or
      veteran  who  has  been  experiencing health problems. Such problems may
      include exposure to toxic materials or harmful physical agents  such  as
      depleted  uranium. An eligible member or veteran who has been assigned a
      risk level I, II or III for depleted uranium  exposure  by  his  or  her
      branch of service, is referred by a military physician, or has reason to
      believe  that  he  or  she  was  exposed  to  toxic materials or harmful
      physical agents  such  as  depleted  uranium  during  such  service,  in
      obtaining  federal treatment services. Such treatment shall include, but
      not be limited to, a best practice health screening test for exposure to
      depleted uranium using a bioassay procedure involving sensitive  methods
      capable  of  detecting  depleted  uranium  at  low levels and the use of
      equipment  with  the  capacity   to   discriminate   between   different
      radioisotopes   in   naturally  occurring  levels  of  uranium  and  the
      characteristic ratio and marker for depleted uranium. As more scientific
      reliable tests become available such  test  shall  be  included  in  the
      treatment  protocol.  No state funds shall be used to pay for such tests
      or such other federal treatment services.
        3. On or before February  first,  two  thousand  seven,  the  adjutant
      general  shall  submit  a  report  to  the chair of the senate veterans,
      homeland security and military affairs committee and the  chair  of  the
      assembly  veterans'  affairs  committee  on  the  scope  and adequacy of
      training received by members of the New York army national guard and the
      New York air national  guard  on  detecting  whether  their  service  as
      eligible  members  is likely to entail, or to have entailed, exposure to
      toxic materials or harmful physical agents such as depleted uranium. The
      report shall include an assessment of the feasibility and cost of adding
      predeployment training concerning potential exposure to depleted uranium
      and other toxic chemical  substances  and  the  precautions  recommended
      under  combat  and  noncombat  conditions  while  in a combat theater or
      combat zone of operations.