senate Bill S5802A

Establishes the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) Implementation Council

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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

  • 15 / Jun / 2013
    • REFERRED TO RULES
  • 18 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1472
  • 18 / Jun / 2013
    • PASSED SENATE
  • 18 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 18 / Jun / 2013
    • REFERRED TO MENTAL HEALTH
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 10 / Feb / 2014
    • AMEND AND RECOMMIT TO MENTAL HEALTH AND DEVELOPMENTAL DISABILITIES
  • 10 / Feb / 2014
    • PRINT NUMBER 5802A
  • 21 / May / 2014
    • REPORTED AND COMMITTED TO FINANCE

Summary

Establishes the Diagnostic and Statistical Manual of Mental Disorders (DSM-5) Implementation Council to monitor studies evaluating the new diagnostic criteria and to provide recommendations for statutory amendments relating to the transition to DSM-5 from DSM-IV to ensure that individuals who would qualify for benefits and state services under DSM-IV would continue to qualify under DMS-5; makes related provisions.

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Bill Details

See Assembly Version of this Bill:
A8061A
Versions:
S5802
S5802A
Legislative Cycle:
2013-2014
Current Committee:
Senate Finance
Law Section:
Mental Hygiene Law
Laws Affected:
Add ยง16.38, Ment Hyg L

Votes

5
1
5
Aye
1
Nay
5
aye with reservations
0
absent
0
excused
0
abstained
show Mental Health and Developmental Disabilities committee vote details

Sponsor Memo

BILL NUMBER:S5802A

TITLE OF BILL: An act to amend the mental hygiene law, in relation to
establishing the diagnostic and statistical manual of mental disorders
(DSM-5) implementation council; and providing for the repeal of such
provisions upon expiration thereof

PURPOSE: The purpose of the bill is to create the Diagnostic and
Statistical Manual of Mental Disorders Implementation Council to
recommend statutory and regulatory changes to ensure that those with
autism spectrum disorders continue to qualify for rights and treatment
under state law.

SUMMARY OF PROVISIONS: Section 1. Legislative intent.

Section two of the bill creates the Council. The Council will consist
of nineteen various stakeholders. The Council will include parents of
individuals with a diagnosis under DSM-IV and DSM-V, providers of
services, representatives of authorized insurers, and the Commissioner
of Mental Health the Commissioner of Education, the Commissioner of
Health and the Superintendent of Financial Services.

The Council will gather information relating to the transition; assist
the Office of Mental Health, State Education Department, Department of
Health and Division of Financial Services in promulgating regulations
to ensure individuals receiving a diagnosis under the DSM-5 are
receiving the same benefits and services as those with a diagnosis
under DSM-IV.

The Council will also provide recommendations for statutory amendments
to help with the transition, as well as prepare an annual report.

Section three provides the effective date.

JUSTIFICATION: The Council will be able to provide the State and
legislature with valuable data and insight on the transition from
DSM-IV to DSM-V. This information is vital to ensuring that
individuals are receiving the same entitlements, benefits and state
services that individuals with a diagnosis under DSM-V as those
diagnosed under DSM-5.

LEGISLATIVE HISTORY: 2013 - S. 5802 Passed Senate - A. 8061 Mental
Health Committee.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This bill shall take effect immediately and be deemed
repealed in three years.

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

                                 5802--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              June 15, 2013
                               ___________

Introduced  by Sens. GRIFFO, CARLUCCI -- read twice and ordered printed,
  and when printed to be committed to the Committee on Rules  --  recom-
  mitted  to  the Committee on Mental Health and Developmental Disabili-
  ties in accordance with Senate Rule 6, sec. 8 -- committee discharged,
  bill amended, ordered reprinted as amended  and  recommitted  to  said
  committee

AN  ACT to amend the mental hygiene law, in relation to establishing the
  diagnostic and statistical manual of mental disorders  (DSM-5)  imple-
  mentation  council;  and  providing  for the repeal of such provisions
  upon expiration thereof

  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 early,
continuous and  appropriate  treatment  facilitates  the  best  possible
outcome  for children diagnosed with autism spectrum disorder (ASD). The
legislature further finds that while periodic reformation of  diagnostic
criteria is vital to ensure quality care, the legislature and state must
be  able  to  respond accordingly if such changes may impact individuals
currently receiving  treatment.  Therefore,  the  legislature  finds  it
appropriate to establish a council consisting of stakeholders, including
parents  and  physicians,  to  advise  the  state and legislature on the
implementation and impact of the transition from the fourth  edition  of
the  Diagnostic and Statistical Manual of Mental Disorders to the crite-
ria implemented by the fifth edition  to  ensure  that  individuals  who
qualify  under DSM-IV will continue to qualify under DSM-5. The legisla-
ture further finds that until such time that the state  understands  the
impacts  it  is  important  to  ensure  the continued benefits and state
services for individuals with a diagnosis.
  S 2. The mental hygiene law is amended by adding a new  section  16.38
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11530-05-4

S. 5802--A                          2

S 16.38 DIAGNOSTIC  AND  STATISTICAL  MANUAL OF MENTAL DISORDERS (DSM-5)
          IMPLEMENTATION COUNCIL.
  1.(A)  THE  OFFICE SHALL ESTABLISH A DIAGNOSTIC AND STATISTICAL MANUAL
OF MENTAL DISORDERS (DSM-5) IMPLEMENTATION COUNCIL.
  (B) THE COUNCIL SHALL CONSIST OF NINETEEN MEMBERS,  APPOINTED  BY  THE
GOVERNOR.  SIX  SHALL  BE  PARENTS OR GUARDIANS, THREE OF WHOM WHO SHALL
HAVE CHILDREN DIAGNOSED WITH A PERVASIVE  DEVELOPMENTAL  DISORDER  (PDD)
UNDER  THE  FOURTH  EDITION  OF THE DIAGNOSTIC AND STATISTICAL MANUAL OF
MENTAL DISORDERS (DSM-IV), AND THREE OF WHOM  WHO  SHALL  HAVE  CHILDREN
DIAGNOSED WITH AN AUTISM SPECTRUM DISORDER (ASD) OR SOCIAL COMMUNICATION
DISORDER (SCD) UNDER THE FIFTH EDITION OF THE DIAGNOSTIC AND STATISTICAL
MANUAL  OF  MENTAL  DISORDERS  (DSM-5); FIVE SHALL BE REPRESENTATIVES OF
PUBLIC OR PRIVATE PROVIDERS OF SERVICES TO  INDIVIDUALS  WITH  ASDS,  AT
LEAST  ONE  OF  WHOM SHALL BE A PSYCHIATRIST LICENSED TO PRACTICE IN THE
STATE, AT LEAST ONE OF WHOM SHALL BE A REPRESENTATIVE OF  A  CENTER  FOR
AUTISM  AND  RELATED DISABILITIES LOCATED WITHIN THE STATE, AND AT LEAST
ONE OF WHOM SHALL BE ASSOCIATED WITH A SCHOOL DISTRICT  OR  A  BOARD  OF
COOPERATIVE EDUCATIONAL SERVICES; TWO SHALL BE REPRESENTATIVES OF ORGAN-
IZATIONS THAT ADVOCATE FOR INDIVIDUALS WITH ASDS; TWO SHALL BE REPRESEN-
TATIVES  OF  AUTHORIZED  INSURERS  ISSUING  POLICIES PURSUANT TO ARTICLE
THIRTY-TWO OR FORTY-THREE OF THE INSURANCE LAW; AND FOUR  SHALL  BE  THE
COMMISSIONER, THE COMMISSIONER OF EDUCATION, THE COMMISSIONER OF HEALTH,
AND  THE  SUPERINTENDENT  OF  FINANCIAL  SERVICES,  OR THEIR APPROPRIATE
DESIGNEES WITH SUFFICIENT AUTHORITY TO ENGAGE  IN  POLICY  PLANNING  AND
IMPLEMENTATION ON BEHALF OF THEIR AGENCIES.
  (C)  THE GOVERNOR SHALL APPOINT THE MEMBERS. SIX SHALL BE APPOINTED ON
THE RECOMMENDATION OF THE TEMPORARY PRESIDENT  OF  THE  SENATE  AND  SIX
SHALL BE APPOINTED ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY,
EACH  OF  WHOM SHALL RECOMMEND THREE MEMBERS AS FOLLOWS: ONE PARENT OF A
CHILD WITH A PDD UNDER DSM-IV, ONE PARENT OF A CHILD WITH AN ASD OR  SCD
UNDER  DSM-5;  ONE  REPRESENTATIVE  OF  PUBLIC  OR  PRIVATE PROVIDERS OF
SERVICES TO INDIVIDUALS WITH ASDS.
  (D) VACANCIES IN THE COUNCIL SHALL BE FILLED IN  THE  SAME  MANNER  AS
ORIGINAL APPOINTMENTS.
  2. DUTIES OF THE COUNCIL SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A)  GATHERING STAKEHOLDER INPUT REGARDING THE IMPLEMENTATION OF DSM-5
CRITERIA, AND PROPOSED REGULATORY OR STATUTORY  AMENDMENTS  RELATING  TO
THE TRANSITION FROM DSM-IV.
  (B)  ASSISTING THE OFFICE, THE STATE EDUCATION DEPARTMENT, THE DEPART-
MENT OF HEALTH AND THE DEPARTMENT OF FINANCIAL SERVICES IN  PROMULGATING
REGULATIONS AND GUIDANCE TO ENSURE THOSE WITH PDD DIAGNOSES UNDER DSM-IV
RECEIVE  THE SAME LEGAL ENTITLEMENTS AS THOSE WITH ASD AND SCD DIAGNOSES
UNDER DSM-5.
  (C) MONITORING STUDIES EVALUATING THE NEW DIAGNOSTIC CRITERIA; AS WELL
AS ANY AMENDMENTS TO, OR GUIDANCE RELATING TO, DSM-5.
  (D) PROVIDING RECOMMENDATIONS FOR STATUTORY AMENDMENTS RELATING TO THE
TRANSITION TO DSM-5 FROM DSM-IV TO ENSURE  THAT  INDIVIDUALS  WHO  WOULD
QUALIFY  FOR  BENEFITS AND STATE SERVICES UNDER DSM-IV WOULD CONTINUE TO
QUALIFY UNDER DMS-5.
  (E) PREPARE AND SUBMIT AN ANNUAL REPORT, THE FIRST OF WHICH  SHALL  BE
SUBMITTED  NO  LATER  THAN  OCTOBER  FIRST, TWO THOUSAND FIFTEEN, TO THE
GOVERNOR AND LEGISLATURE ON THE STATUS OF THE TRANSITION TO  DSM-5  FROM
DSM-IV.
  3.  THE COUNCIL SHALL MEET AT LEAST TWO TIMES A YEAR. SPECIAL MEETINGS
MAY BE CALLED AT THE REQUEST OF THE COMMISSIONER.

S. 5802--A                          3

  4. THE MEMBERS OF THE COUNCIL SHALL BE ALLOWED  THEIR  REASONABLE  AND
NECESSARY  EXPENSES  INCURRED  IN  THE PERFORMANCE OF THEIR DUTIES HERE-
UNDER.
  S  3.  This  act shall take effect immediately and shall expire and be
deemed repealed three years after the effective date of this act.

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