NY State Senate Bill 2011-S3404

Senate Bill S3404

2011-2012 Legislative Session

Directs commissioner of health and commissioner of the office for people with developmental disabilities to require pediatric care providers to screen for autism; repealer

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Archive: Last Bill Status - In Senate Committee Health Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to health
Feb 18, 2011	referred to health

co-Sponsors

2011-S3404 (ACTIVE) - Details

Current Committee:: Senate Health
Law Section:: Public Health Law
Laws Affected:: Rpld §2500-j, add §2500-k, Pub Health L; add §16.39, Ment Hyg L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S6201
2013-2014: S2832
2015-2016: S2875
2017-2018: S2432
2019-2020: S3741
2021-2022: S3304
2023-2024: S4741

2011-S3404 (ACTIVE) - Summary

Directs the commissioner of health and commissioner for people with developmental disabilities to jointly promulgate rules and regulations requiring pediatric health care providers to screen children beginning at the age of 18 months for autism spectrum disorders during each wellness and preventative care examination.

2011-S3404 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3404

TITLE OF BILL:
An act
to amend the public health law and the mental hygiene law, in relation
to directing the commissioner of health and the commissioner of
the office for people with
developmental disabilities to promulgate rules and
regulations requiring every child
beginning at the age of eighteen months
to be examined for autism spectrum disorders; and
to repeal section 2500-j of the public health law relating to screening
children for autism spectrum disorders

PURPOSE:
Requires the commissioner of the office for people with developmental
disabilities and the commissioner of health to promulgate rules and
regulations set forth by section 2500-k, which shall require primary
care providers to conduct autism spectrum disorder (ASD) screening
during annual wellness and preventative care examination for children
over the age of 18 months.

SUMMARY OF PROVISIONS:
Section 1 repeals section 2500-j of the public health law.

Section 2 amends the public health law by adding section 2500-k

instructing the commissioner of health and the commissioner of the
office of people with developmental disabilities to promulgate rules
and regulations requiring all pediatric primary care providers to
conduct ASD screening and preventative care examination of children
over the age of eighteen months.

This section also establishes requirements for the rules and
regulations including: best practices for screening and diagnosis,
the use of objective autism spectrum disorder tools, and the
appropriate referral mechanism based upon initial screening.

Section 3 requires that the commissioners promulgate all rules and
regulations required by subdivisions one and two of section 2500-k of
the public health law relating to the screening of children for ASD.

Section 4 establishes the effective date.

JUSTIFICATION:
Autism is the fastest growing developmental disability in the nation.
In fact, since 1992, there has been more than seven fold increase in
the number of children in New York State diagnosed with autism.
Autism varies widely in its severity and symptoms and may go
unrecognized, especially in mildly affected children.

According to a study by the London School of Economics, the cost of
lifelong care can be reduced by 2/3 with early diagnosis and
intervention. Section
2500-k requires pediatric primary care providers to conduct a wellness
and preventative care examination for children beginning at 18 months
of age.


Doctors rely on a core group of behaviors to alert them to the
possibility of a diagnosis of autism.

LEGISLATIVE HISTORY:
2009-2010: S.6201/A.8251 Died in Health.

FISCAL IMPLICATION:
None.

EFFECTIVE DATE:
This act shall take effect immediately, except that section one of
this act shall take effect September 1, 2012.

2011-S3404 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3404

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 18, 2011
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Health

AN ACT to amend the public health law and the  mental  hygiene  law,  in
  relation  to directing the commissioner of health and the commissioner
  of the office for people with developmental disabilities to promulgate
  rules and regulations requiring every child beginning at  the  age  of
  eighteen  months  to be examined for autism spectrum disorders; and to
  repeal section 2500-j of the public health law relating  to  screening
  children for autism spectrum disorders

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 2500-j of the public health law is REPEALED.
  S 2. The public health law is amended by adding a new  section  2500-k
to read as follows:
  S  2500-K.  PEDIATRIC  WELLNESS  VISITS; SCREENING FOR AUTISM SPECTRUM
DISORDERS. 1. THE COMMISSIONER SHALL, JOINTLY WITH THE  COMMISSIONER  OF
THE  OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES, AND ON OR BEFORE
MAY FIRST, TWO THOUSAND TWELVE, PROMULGATE RULES AND REGULATIONS REQUIR-
ING EVERY PEDIATRIC PRIMARY CARE PROVIDER,  CONDUCTING  A  WELLNESS  AND
PREVENTATIVE CARE EXAMINATION, ON OR AFTER SEPTEMBER FIRST, TWO THOUSAND
TWELVE, OF A CHILD EIGHTEEN MONTHS OF AGE OR OLDER, TO SCREEN SUCH CHILD
FOR AUTISM SPECTRUM DISORDERS.
  2.  IN ADDITION, SUCH RULES AND REGULATIONS SHALL ESTABLISH GUIDELINES
AND PROTOCOLS FOR:
  (A) THE BEST PRACTICES FOR THE SCREENING FOR AND DIAGNOSIS  OF  AUTISM
SPECTRUM DISORDERS;
  (B) THE EMPLOYMENT OF OBJECTIVE AUTISM SPECTRUM DISORDER TOOLS; AND
  (C)  THE  APPROPRIATE  REFERRAL MECHANISM FOR CHILDREN, WHO BASED UPON
THE RESULTS OF SCREENING FOR AUTISM SPECTRUM DISORDERS, REQUIRE  FURTHER
EVALUATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06756-01-1

S. 3404                             2

  3.  IF  THE COMMISSIONER AND THE COMMISSIONER OF THE OFFICE FOR PEOPLE
WITH DEVELOPMENTAL DISABILITIES SHALL FAIL TO PROMULGATE, ON  OR  BEFORE
MAY  FIRST,  TWO  THOUSAND TWELVE, THE RULES AND REGULATIONS REQUIRED BY
SUBDIVISIONS ONE AND TWO OF THIS SECTION, THE DEPARTMENT SHALL ADOPT AND
IMPLEMENT THE RELEVANT FEDERAL RULES AND REGULATIONS RELATING THERETO.
  S  3.  The mental hygiene law is amended by adding a new section 16.39
to read as follows:
S 16.39 PEDIATRIC WELLNESS VISITS; SCREENING FOR AUTISM SPECTRUM  DISOR-
          DERS.
  THE  COMMISSIONER  SHALL, JOINTLY WITH THE COMMISSIONER OF HEALTH, AND
ON OR BEFORE MAY FIRST, TWO THOUSAND  TWELVE,  PROMULGATE  ANY  AND  ALL
RULES  AND  REGULATIONS  REQUIRED BY SUBDIVISIONS ONE AND TWO OF SECTION
TWENTY-FIVE HUNDRED-K OF THE PUBLIC HEALTH LAW RELATING TO THE SCREENING
OF CHILDREN FOR AUTISM SPECTRUM DISORDERS.
  S 4. This act shall take effect immediately, except that  section  one
of this act shall take effect September 1, 2012.

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Senate Bill S3404

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Sponsored By

Kevin S. Parker