senate Bill S475

Requires health care professionals to report any diagnosis of autism spectrum disorder to a registry maintained by the department of health

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO HEALTH
  • 08 / Jan / 2014
    • REFERRED TO HEALTH

Summary

Requires health care professionals to report any diagnosis of autism spectrum disorder to a registry maintained by the department of health.

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Bill Details

See Assembly Version of this Bill:
A136
Versions:
S475
Legislative Cycle:
2013-2014
Current Committee:
Senate Health
Law Section:
Public Health Law
Laws Affected:
Add Art 24-F ยงยง2499-b & 2499-c, Pub Health L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2340, A2300
2009-2010: S369, A10498

Sponsor Memo

BILL NUMBER:S475

TITLE OF BILL:
An act
to amend the public health law, in relation to autism spectrum disorder
reporting

PURPOSE OR GENERAL IDEA OF BILL:
To establish a registry in the Department of Health for reporting
diagnoses of autism spectrum disorders and maintaining such
information to improve the current knowledge and understating of
autism, to conduct thorough and complete epidemiological surveys of
the disorder, to enable analysis of this problem, and to plan for and
provide services to children with autism spectrum disorders and their
families.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 of the bill sets forth a legislative intent.

Section 2 of the bill adds a new Article 24-F to the public health law
setting up the registry, reporting requirements and provisions to
ensure confidentiality.

Section 3 of the bill provides for an effective date 120 days after
enactment.

JUSTIFICATION:
This bill establishes a central registry within the Department of
Health, similar to that currently in place for other conditions such
as cancer and birth defects, to maintain reports of diagnoses of
autism spectrum disorder in New York State. With the most recent CDC
study estimating that 1 in 150 children nationally now has autism,
tracking cases of autism throughout the state will provided much
needed information to improve the current understanding of autism, to
conduct thorough and complete epidemiological surveys of the
disorder, to enable analysis of this problem, and to plan for and
provide services to children with autism spectrum disorders and their
families.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.2340/A.2300 Referred to Health
2010: A.10498 - Referred to Health
2009: S.369 - Referred to Health
2008: S.5469 - Referred to Health
2007: S.5469 - Referred to Health

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided that the commissioner of health is
authorized to promulgate any and all rules and regulations and take
any other measures necessary to implement this act on its effective
date or before such date.


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

                                   475

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the public health law, in relation  to  autism  spectrum
  disorder reporting

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

  Section 1. Legislative intent. The legislature finds that there  is  a
clear  need  for great accuracy in reporting and gathering epidemiologic
data on the incidence of autism spectrum disorders in  New  York  state.
Further,  the legislature finds that the state currently requires that a
number of other conditions,  including  cancer  and  birth  defects,  be
reported  and  maintained  in  a  central  registry.  A similar registry
requirement for reporting diagnoses of  autism  spectrum  disorders  and
maintaining  such information is needed to improve the current knowledge
and understanding of autism, to conduct thorough and complete  epidemio-
logic  surveys  of the disorder, to enable analysis of this problem, and
to plan for and provide services to children with autism spectrum disor-
ders and their families.
  S 2. The public health law is amended by adding a new article 24-F  to
read as follows:
                               ARTICLE 24-F
                   AUTISM SPECTRUM DISORDER REPORTING
SECTION 2499-B. AUTISM SPECTRUM DISORDER; DUTY TO REPORT.
        2499-C. REGISTRY AND REPORTING REQUIREMENTS.
  S 2499-B. AUTISM SPECTRUM DISORDER; DUTY TO REPORT. 1. EVERY PHYSICIAN
OR  PSYCHOLOGIST  LICENSED PURSUANT TO ARTICLE ONE HUNDRED FIFTY-FOUR OF
THE EDUCATION LAW, AND  ANY  OTHER  HEALTH  CARE  PROFESSIONAL  LICENSED
PURSUANT  TO TITLE EIGHT OF THE EDUCATION LAW WHO IS QUALIFIED BY TRAIN-
ING TO MAKE THE DIAGNOSIS AND WHO THEN MAKES THE DIAGNOSIS THAT A  CHILD

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00776-01-3

S. 475                              2

IS AFFECTED WITH AUTISM SPECTRUM DISORDER SHALL REPORT SUCH DIAGNOSIS TO
THE DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY THE COMMISSIONER.
  2.  SUCH REPORT SHALL BE MADE IN WRITING AND SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE NAME AND ADDRESS OF THE PERSON  SUBMITTING  THE  REPORT,
THE  NAME,  AGE  AND ADDRESS OF THE CHILD DIAGNOSED WITH AUTISM SPECTRUM
DISORDER, AND ANY OTHER PERTINENT INFORMATION AS MAY BE REQUIRED BY  THE
COMMISSIONER,  EXCEPT  THAT IF THE CHILD'S PARENT OR GUARDIAN OBJECTS TO
THE REPORTING OF THE CHILD'S DIAGNOSIS FOR ANY REASON, THE REPORT  SHALL
NOT INCLUDE ANY INFORMATION THAT COULD BE USED TO IDENTIFY THE CHILD.
  3.  THE  COMMISSIONER SHALL SPECIFY PROCEDURES FOR HEALTH CARE PROFES-
SIONALS TO INFORM CHILDREN'S PARENTS AND GUARDIANS OF  THE  REQUIREMENTS
OF  THIS  SECTION, THE PURPOSE OF INCLUDING THIS INFORMATION IN A REGIS-
TRY, AND THE OPTION TO REFUSE TO PERMIT THE REPORTING OF ANY INFORMATION
THAT COULD BE USED TO IDENTIFY A CHILD.
  S 2499-C. REGISTRY AND REPORTING REQUIREMENTS.  1. THE DEPARTMENT,  IN
CONSULTATION WITH THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES,
SHALL  ESTABLISH AND MAINTAIN AN UP-TO-DATE REGISTRY WHICH SHALL INCLUDE
A RECORD OF ALL REPORTED CASES OF AUTISM SPECTRUM DISORDER THAT OCCUR IN
THE STATE AND ANY OTHER INFORMATION IT DEEMS RELEVANT AND APPROPRIATE IN
ORDER TO CONDUCT THOROUGH AND COMPLETE EPIDEMIOLOGIC SURVEYS  OF  AUTISM
SPECTRUM  DISORDERS, TO ENABLE ANALYSIS OF THIS PROBLEM, AND TO PLAN FOR
AND PROVIDE SERVICES TO CHILDREN  WITH  AUTISM  SPECTRUM  DISORDERS  AND
THEIR FAMILIES.
  2.  THE  REPORTS  MADE PURSUANT TO THIS ARTICLE ARE TO BE USED ONLY BY
THE DEPARTMENT AND OTHER AGENCIES AS MAY BE DESIGNATED  BY  THE  COMMIS-
SIONER,  INCLUDING THE OFFICE FOR PEOPLE WITH DEVELOPMENTAL DISABILITIES
AND THE EDUCATION DEPARTMENT, AND SHALL NOT  OTHERWISE  BE  DIVULGED  OR
MADE  PUBLIC  SO  AS TO DISCLOSE THE IDENTITY OF THE PERSON TO WHOM THEY
RELATE. A PHYSICIAN, PSYCHOLOGIST  OR  OTHER  HEALTH  CARE  PROFESSIONAL
PROVIDING  INFORMATION  TO THE DEPARTMENT PURSUANT TO THIS ARTICLE SHALL
NOT BE DEEMED TO BE OR HELD LIABLE FOR DIVULGING  CONFIDENTIAL  INFORMA-
TION.
  3.  NOTHING  IN  THIS ARTICLE SHALL BE CONSTRUED TO COMPEL A CHILD WHO
HAS BEEN REPORTED AS AFFECTED WITH AN AUTISM SPECTRUM DISORDER TO SUBMIT
TO A MEDICAL OR HEALTH EXAMINATION, OR SUPERVISION BY THE DEPARTMENT.
  S 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law. Provided that the commissioner of health  is
authorized  to promulgate any and all rules and regulations and take any
other measures necessary to implement this act on its effective date  on
or before such date.

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